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Dec 11, 2024 | 
williamfry.com | Gail Nohilly |Jack Stokes |Ashley Hennessy |Paul Convery
Provisions strengthening the powers of Ireland’s corporate watchdog, the Corporate Enforcement Authority (CEA), contained in the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Act 2024 (2024 Act), came into operation on 3 December 2024. The 2024 Act amends the Companies Act 2014 (2014 Act), introducing changes to corporate governance, administration, enforcement and supervision, and corporate insolvency provisions.
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Oct 24, 2024 | 
mondaq.com | Gail Nohilly |Louise Coughlan |Paul Convery |Adele Hall
The High Court (Court) recently considered the
Blythe ruling in an application for a Norwich Pharmacal Order
(NPO) against the Garda Commissioner
(respondent).
In Randall v Garda Commissioner, the applicant
instituted proceedings against the respondent to obtain discovery
of a Garda investigation into sexual abuse allegedly perpetrated on
him as a child in 1979. On foot of his later complaint to the
Gardaí, a suspect was identified, and a Garda investigation
was carried out.
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Oct 22, 2024 | 
williamfry.com | Gail Nohilly |Louise Coughlan |Ashely Hennessy |Paul Convery
Our previous article on the Court of Appeal judgment in Blythe v Commissioner of An Garda Siochana [2023] IECA 255 (Blythe) analysed the Norwich Pharmacal jurisdiction in detail. The High Court (Court) recently considered the Blythe ruling in an application for a Norwich Pharmacal Order (NPO) against the Garda Commissioner (respondent).
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Oct 15, 2024 | 
mondaq.com | Laura Murdock |Paul Convery |Gail Nohilly |Sarah Plunkett
Two separate parties (Complainants) switched
their mortgages from tracker rates to fixed interest rates with
Ulster Bank and were later denied the option to return to tracker
rates. The Complainants, unhappy with Ulster Bank's decision,
complained to the FSPO. The FSPO upheld the complaints under
section 60(2)(a) and (g) of the Financial Services and Pension
Ombudsman Act 2017 (2017 Act), finding Ulster
Bank's conduct contrary to law and otherwise improper.
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Oct 14, 2024 | 
lexology.com | Laura Murdock |Paul Convery |Gail Nohilly |Sarah Plunkett
A recent Court of Appeal case, Ulster Bank Ireland DAC v Financial Services and Pensions Ombudsman [2024] IECA 231, considered an appeal by Ulster Bank Ireland DAC (Ulster Bank) of a High Court judgment regarding a Financial Services and Pensions Ombudsman’s (FSPO) decision on tracker mortgages. High Court ProceedingsTwo separate parties (Complainants) switched their mortgages from tracker rates to fixed interest rates with Ulster Bank and were later denied the option to return to tracker rates.
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Sep 9, 2024 | 
mondaq.com | Paul Convery |Alexandra Drummy
The Bill seeks to bolster and enhance the powers of the
Corporate Enforcement Authority (CEA) as part of
continued efforts to assist Ireland's corporate watchdog in
carrying out its statutory functions. You can access our previous
articles discussing the establishment of the CEA and details of the
CEA's efforts to tackle white-collar crime in Ireland here and .
The key changes proposed in the Bill include:
1.
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Sep 6, 2024 | 
williamfry.com | Jack Stokes |Ashely Hennessy |Paul Convery |Alexandra Drummy
The Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 (Bill) was published in July 2024 and is expected to be enacted before the end of 2024. The Bill seeks to bolster and enhance the powers of the Corporate Enforcement Authority (CEA) as part of continued efforts to assist Ireland’s corporate watchdog in carrying out its statutory functions.
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Aug 8, 2024 | 
mondaq.com | Jack Stokes |Gail Nohily |Paul Convery |Rachel Hayes
The plaintiff was on sick leave from his employment with the
defendant in August 2022. On the last day of his sick leave, he was
cutting overhanging branches at a relative's home. He noticed
the defendant's operations manager recording him on his mobile
phone (Recording). The plaintiff protested angrily
to the Recording and claimed he was being wrongfully recorded out
of work. The following day, the plaintiff was suspended from his
job pending an investigation.
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Aug 6, 2024 | 
williamfry.com | Jack Stokes |Paul Convery |Rachel Hayes |Gail Nohily
McCabe v AA Ireland Ltd [2024] IECC 6The plaintiff was on sick leave from his employment with the defendant in August 2022. On the last day of his sick leave, he was cutting overhanging branches at a relative’s home. He noticed the defendant’s operations manager recording him on his mobile phone (Recording). The plaintiff protested angrily to the Recording and claimed he was being wrongfully recorded out of work.
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Aug 6, 2024 | 
lexology.com | Paul Convery |Rachel Hayes |Adele Hall |Jack Stokes |Gail Nohilly
McCabe v AA Ireland Ltd [2024] IECC 6The plaintiff was on sick leave from his employment with the defendant in August 2022. On the last day of his sick leave, he was cutting overhanging branches at a relative’s home. He noticed the defendant’s operations manager recording him on his mobile phone (Recording). The plaintiff protested angrily to the Recording and claimed he was being wrongfully recorded out of work. The following day, the plaintiff was suspended from his job pending an investigation.
