Legal Articles - 2008
Full Implications of Bank Guarantee Scheme Unknown (4th December 2008)
On 30 September 2008 the Irish Government announced a guarantee (the “Guarantee”) of certain credit institutions operating in Ireland (the “Covered Institutions”).
SCS Review - Much obliged (1st December 2008)
Mason Hayes+Curran is a regular contributor to the SCS Review, the quarterly publication of the Society of Chartered Surveyors.
Are your Website Contact Details Sufficient? (28th November 2008)
The European Court of Justice (ECJ) has recently ruled that, in order to comply with EU law, online businesses must provide prospective customers with a rapid, direct and effective means of communication in addition to an email address, prior to entering into a contract with them. The Court ruled that a template web enquiry form would suffice for this purpose.
Irish Distillers Ltd. v Cooley Distillers plc – whiskey on the jar? (6th November 2008)
On 4 July 2008, Mr Justice Roderick Murphy in the Irish High Court ruled in favour of Irish Distillers Ltd (“Irish Distillers”), the Irish whiskey maker, in injunctive proceedings against its smaller rival, Cooley Distillery plc (“Cooley”).
Changing times – Collaborative Law (14th October 2008)
Economic change impacts heavily on human relationships both in the workplace and at home and while for many couples, testing times will forge an even stronger bond, unfortunately, others will find it even harder to keep going.
Nursing Homes Bill (9th October 2008)
Legislation on Funding of Nursing Home Care Published
Preservation and transfer of benefits in occupational pension schemes on termination of employment (8th October 2008)
Overview of occupational pension schemes
Maritime Update Harbours (Amendment) Bill 2008 (26th September 2008)
“This important new legislation will help the ten State port companies to grow and develop their businesses into the future. Notwithstanding, the current economic slow down the port authorities should continue to plan for growth in the medium and long term. This legislation is designed to help them to do that.” (Minister Noel Dempsey)
The employment law compliance bill 2008 – how does it affect employers? (11th September 2008)
On 18 March 2008 the Employment Law Compliance Bill 2008 (“the Bill”) was published with the stated purpose of securing better compliance with employment legislation in accordance with the commitments made by the social partners under Towards 2016.
Companies Consolidation and Reform Bill: Changes to the rules on capital maintenance (2nd September 2008)
Civil Law (Miscellaneous Provisions) Act 2008 (25th August 2008)
Contracting out of the Right to a New Tenancy – The Civil Law (Miscellaneous Provisions) Act 2008 introduces new flexibility for landlords and tenants.
Review of the Intoxicating Liquor Act 2008 (6th August 2008)
Time to Reform our Booze Culture? Review of the Intoxicating Liquor Act 2008
In response to growing concerns about Ireland’s booze culture, the Intoxicating Liquor Act 2008 (“the Act”) was signed into law on 21st July 2008. The reforms introduced by the Act are a direct reaction to a number of factors:
SCS Review - Lease release me let me go (1st August 2008)
Mason Hayes+Curran is a regular contributor to the SCS Review, the quarterly publication of the Society of Chartered Surveyors.
Employment permits - working the rules (17th April 2008)
Following the implementation of the Employment Permits Act 2006 at the beginning of last year, a new employment permits system was introduced by the Department of Enterprise, Trade and Employment, effective from 1 February 2007.
The Doctrine of Legitimate Expectation: Recent Developments (25th March 2008)
[A version of this article was first published in the March, 2008 issue (No.46) of Public Affairs Ireland Journal.]
David v Goliath: Anti avoidance and the long arm of the Revenue. (3rd March 2008)
The recent High Court case of The Revenue Commissioners v O’Flynn Construction Co Ltd, John O’Flynn and Michael O’Flynn (the O’Flynn Construction Case) has once again pitted the tax-payer against Revenue in the battle for effective tax avoidance transactions.
Third Anti Money Laundering Directive Implementation due later this year (29th February 2008)
The Third Money Laundering Directive (2005/60/EC) (the “Directive”) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing was adopted by the European Council on 20 September 2005. The Directive’s stated aim is to include terrorist financing within the money laundering regime.
Alternatives to Defined Benefit Arrangements in Ireland (29th February 2008)
The last 5 years have seen a rapid decline from 67% to 37% coverage of defined benefit occupational pension schemes in Ireland.
Hotels industry challenge the constitutionality of the JLC system (28th February 2008)
Mason Hayes+Curran acted for the Irish Hotels Federation (IHF) in its recent successful and high profile High Court challenge to the right of Hotels Joint Labour Committee and the Labour Court to set minimum wages and employment conditions for workers in the hotel sector.
New European Cosmetic Regulation (28th February 2008)
On 5 February 2008, the European Commission published a proposal for replacing the 1976 Cosmetics Directive (76/768/EEC) and its fifty five amending instruments with a single, coherent regulation.
Sales Brochure Liability (27th February 2008)
High Court awards damages against agent for overstatement of floor areas in Sales Brochure.
In a recent High Court action a purchaser successfully sued a selling agent having alleged he suffered loss due to the overstatement of floor areas in the sales brochure. The Court found that a selling agent owed a duty of reasonable care to the interests of potential purchasers.
Resting on contract – stamp duty changes delayed (11th February 2008)
Section 110 of the Finance Act, 2007 contains anti-avoidance measures which sought to limit the ability of developers to minimise their stamp duty liability on entering into certain property transactions.
Freedom of Information Update - Recent Decisions (7th February 2008)
This is a review of the two decisions issued by the High Court in 2007 on the Freedom of Information (FOI) Acts, together with a review of two of the most significant decisions issued by the Commissioner in that time.
Karen Millen – Better Value Beats Them All? (4th February 2008)
There is no national unregistered design right in Ireland (unlike for example, the UK) but Council Regulation (EC) No 6/2002 provides for a 3 year Community unregistered design right.
Data Protection Guidance in relation to Card Payment Transactions (4th February 2008)
The processing of payment card transactions involves the processing of information about individuals and, consequently, is subject to regulation under the Data Protection Acts 1988 and 2003 (“Acts”).
Prison Sentences for Corporate Offenders? (4th February 2008)
In recent days, a number of persons connected with Citroën dealerships around the country have been charged with a variety of offences under the Competition Act 1991 and the Competition Act 2002 (the “1991 Act” and the “2002 Act”, together referred to as the “Competition Acts”). These offences concern the alleged operation of a price fixing cartel.
New Building Regulations (24th January 2008)
The Regulations aim to reduce the energy use and related carbon dioxide emissions of houses and apartments by 40%.
Public Procurement Update – New Thresholds (15th January 2008)
In order for a contract to fall within the ambit of the Utilities Directive (Directive 2004/17/EC) or the Public Sector Directive (Directive 2004/18/EC), as the case may be, the estimated value of the contract to be procured must exceed minimum financial thresholds set out in the directives.
