Legal Features

Data Breach Claims: UK Court seek evidence of credible harm caused - a welcome trend in the assessment of non-material damages

01/12/2021 - Since the introduction of GDPR and Article 82(1) GDPR which introduced the concept of non-material damages for an infringement of this Regulation, practitioners have struggled to interpret the provision and if any threshold was required to succeed with a ‘data breach claim’.

Ireland Launches Intellectual Property and Technology Court and Reforms IP Disputes Procedures

01/12/2021 - A new division of Ireland's Commercial Court dedicated to intellectual property cases and disputes about complex technology has been established under a revised Order 63A of the Rules of the Superior Courts (revised Rules).

Perjury is now a statutory offence: What impact has this for businesses?

30/11/2021 - The Criminal Justice (Perjury and Related Offences) Act 2021 (Act) came into operation on 28 July 2021.

The Corporate Enforcement Authority – A Milestone in Corporate Enforcement in Ireland

25/11/2021 - The Companies (Corporate Enforcement Authority) Bill 2021 (Bill) is currently progressing through the Houses of the Oireachtas.

Right of Way deadline to be removed by new legislation

30/09/2021 - The Minister for Justice, Heather Humphreys TD, announced on 21 September 2021 that the Cabinet had approved the drafting and imminent introduction of legislation to remove the deadline of 30 November 2021 for parties to claim prescriptive easements or rights under 2009 legislative changes, amended in 2011.

The Residential Tenancies (No. 2) Act 2021

26/08/2021 - President Higgins signed the Residential Tenancies (No.2) Act 2021 (the “2021 Act”) into law on 9 July 2021. The 2021 Act extends the temporary protection put in place to protect tenants who have been financially impacted by Covid-19 in addition to more significant and longer-term changes to landlord and tenant law.

SCARP Bill passes through Oireachtas

29/07/2021 - The Companies (Rescue Process for Small and Micro Companies) Bill 2021 (Bill) detailing the government's proposed rescue process for small and micro companies (SCARP) has successfully passed through the Oireachtas and is expected to be signed into law shortly by the President. The legislation will be commenced at a future date by the Minister.

New stamp duty rate for bulk -purchases of residential properties

27/07/2021 - On 19 May 2021, the Irish legislature passed a financial resolution introducing a new stamp duty rate of 10% targeted at the “bulk buying” of certain residential units.

Update: Introduction of Statutory Sick Pay - What Employers Need to Know

27/07/2021 - The Irish government's Summer Legislative Programme 2021 prioritised the introduction of a statutory sick pay scheme for Ireland and on 9 June 2021, the government announced its approval for the drafting of the General Scheme of the Sick Leave Bill 2021 (the Bill).

COVID-19 related extensions to planning permissions

29/06/2021 - The Planning and Development (Amendment) (No. 3) Bill 2021 is being expedited through the legislative process. It will provide for extensions to a number of time limits, including for the passing of development plans. Importantly however it will also allow for extensions, or additional extensions, to existing planning permissions to allow projects be completed.

White Collar Crime: Proposed modernisation of the Irish criminal justice system

29/06/2021 - Reform of the Irish criminal justice system, through the actions outlined in the Government's Action Plan to tackle White Collar Crime and the Justice Plan 2021, has gathered pace in recent weeks with the announcement two significant changes to the investigation and prosecution of criminal offences.

Gender Pay Gap Reporting : Spring 2021 Update

27/05/2021 - The introduction of gender pay gap legislation in Ireland was well underway up until the COVID-19 pandemic struck in 2020. The Gender Pay Gap Information Bill (the Bill) is now back on the agenda. Cabinet approval has been given to amend the Bill and to introduce a strengthened bill.

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...

Decrease in level of corporate insolvencies in Q1

01/04/2021 - A total of 111 corporate insolvencies were recorded in Ireland in the first quarter of 2021, according to the latest insolvency statistics published by Deloitte. This represents a marked decrease of 30% from the same quarter in 2020, when 159 incidents were recorded. Deloitte believes that this low level of insolvency activity is likely to be influenced by the broad range of measures introduced by the government to support struggling companies and their employees through the adverse impacts of t

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

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

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.

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.

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