IFSC.ie Legal Features

Code of Practice on the Right to Disconnect

14/04/2021 - The Workplace Relations Commission (“WRC”) has published a new Code of Practice for Employers and Employees on the Right to Disconnect (“Code”).It is effective immediately and applies to all types of employment...

Litigation in Ireland... A whole New World

30/03/2021 - The Covid-19 pandemic has changed, or dramatically accelerated the rate of change, in working practices for people in all sectors of the economy.

Considering the Impact of the High Court Decision on Business Interruption Insurance including the IPID

24/02/2021 - The landmark High Court judgment delivered by Judge McDonald on Friday, 5 February 2021 in Hyper Trust Limited t/a The Leopardstown Inn & Others v. FBD Insurance plc provided some clarity on the interpretation of policy wording of the insurance contract in relation to certain types of policy extensions covering business interruption losses arising from outbreaks of human notifiable diseases

Setting the standard for the sale and supply of digital content, services and goods in the digital health world

24/02/2021 - On 26 March 2019, the European Parliament adopted two key directives as part of the EU’s Digital Single Market Strategy, namely, Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services (the “Digital Content Directive”) and Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods (the “Sale of Goods Directive”).

Judgment in FBD Business Interruption Insurance Cases Delayed to Consider UK Supreme Court Judgment

25/01/2021 - The Irish Commercial Court has deferred judgment in a number of test business interruption insurance cases taken against FBD Insurance plc (FBD) by a number of well-known pubs (Proceedings).

Hamilton Review Group Make Recommendations to Combat Economic Crime

21/01/2021 - In announcing a new cross-government plan to tackle economic crime and corruption, the Minister for Justice, Helen McEntee TD

Ireland seems perfectly positioned to cultivate a thriving FinTech sector

21/01/2021 - One of the lasting impacts of the pandemic has been the accelerated acceptance of the role of technology in more and more areas of our lives.

Re-Engineered ILP Ready for Launch - A new structuring option for private funds in 2021

21/01/2021 - Ireland's Investment Limited Partnership (ILP) has undergone a significant overhaul to enhance its features in line with limited partnership fund regimes internationally. The Investment Limited Partnership (Amendment) Bill (Bill), a reform bill to the Investment Limited Partnerships Act 1994, passed through the Dáil this week and can be expected to be enacted in early January 2021.

Road Ahead for Financial Services Post-Brexit is Still Unclear

11/01/2021 - While we were assured for months that it was oven-ready, the UK-EU trade deal was finally agreed on Christmas eve.

Central Bank of Ireland's 2020 Dear CEO Letter on the Fitness and Probity Regime

26/11/2020 - On 17 November 2020, the Central Bank of Ireland (“CBI”) published on its website and sent to the management of regulated financial services providers (“firms”) a Dear CEO letter (the “2020 Dear CEO Letter”) highlighting its key findings from a thematic inspection in relation to firms' compliance with requirements of the Fitness and Probity Regime ("F&P Regime").

Competition law, merger control and State aid in Ireland in the time of Brexit

26/11/2020 - While Brexit makes the UK a third country for the purposes of EU law, Ireland's proximity (geographically and economically) to the UK makes the application of competition law to cross-border trade that more relevant and complex.

Petition to Appoint an Examiner to New Look Dismissed by the High Court

12/11/2020 - In a judgment delivered on 14 October 2020, the High Court, in refusing to appoint an examiner to New Look Retailers Ireland Limited (New Look Ireland) ruled that it was "entirely premature to consider the appointment of an examiner". New Look Ireland trades under the brand name "New Look" and operates across 27 stores in Ireland.

Cash, card or competition? - The European Payments Initiative for retail payments

29/10/2020 - * A group of 16 major European banks has announced the implementation phase of a new unified payment scheme and solution called the European Payments Initiative (EPI).

Co-operation and Early Engagement with the Central Bank are Key in Enforcement Actions

21/09/2020 - On 28 July 2020, the Central Bank of Ireland (Central Bank) published details of a settlement agreement reached between it and Bank of Ireland (BOI) for admitted breaches of five provisions of the European Communities (Markets in Financial Instruments) Regulations 2007 (MiFID).

Implications of Brexit for Corporate Governance and Compliance

21/09/2020 - On 31 December 2020, the transition period between the UK and the EU will come to an end and EU law will cease to apply to the UK.

EU approval for Irish €2bn COVID-19 loan guarantee programme

25/08/2020 - On 14 August 2020, the European Commission approved, under the EU State aid rules, a €2bn loan guarantee programme by Ireland to support businesses affected by COVID-19.

Winds of change in Personal Injury Litigation in Ireland

25/08/2020 - The Court of Appeal Judgment as delivered by Mr Justice Noonan of the 11th August 2020 in the case of Emma McKeown v Alan Crosby and Mary Vocella [2020] IECA 242 is significant in the context Personal Injury Litigation in this jurisdiction.

PD3 – Practical Insights

19/08/2020 - Regulation (EU) 2017/1129 (the “New Prospectus Regulation” or “PD3”) has been in effect since 21 July 2019 and the purpose of this advisory is to provide some practical insights on the application of PD3 to date to issuers of debt securities and to share our experience of some of the issues which have arisen and how such issues may be resolved.

COVID-19: Company Law Changes

18/08/2020 - On 1 August 2020, the Companies (Miscellaneous Provisions) (COVID-19) Act 2020 (Act) was signed into law. This legislation, due to commence soon, will address certain specific company law issues arising because of the ongoing and unprecedented Coronavirus (COVID-19) crisis.

EDPB Reviewing Draft Guidelines on Data Protection and Connected Vehicles

18/08/2020 - The European Data Protection Board (EDPB) is finalising its guidelines on data protection law as it applies to connected vehicles. The first draft of the Guidelines 1/2020 on processing personal data in the context of connected vehicles and mobility related applications was adopted on 28 January 2020 and will soon be finalised following a public consultation.

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Park Rite IFSC Car Park - Flexible and convenient parking products

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