Insights Public Law

Legal Privilege and the Corporate Enforcement Authority

The Court of Appeal has reaffirmed the general reluctance of our courts to allow broad and non-specific claims of legal professional privilege.…

18/10/23

Financial Services Enforcement Expertise

Our dedicated enforcement team specialises in all aspects of Central Bank of Ireland enforcement actions, investigations and fitness and probity matters.

We advise clients across the full spectrum of the financial services industry. We are well placed to guide and assist clients with Central Bank investigations and inquiries, whether in accordance with its administrative sanctions procedure or otherwise. This includes advising on the exercise by the Central Bank of its powers, and what procedures it must follow in conducting such investigations and inquiries.

Our expertise in the financial services sector as a whole means we know the environment clients operate in and the rules they are subject to. We understand the complex regulatory regimes that apply to clients and appreciate the challenges they face.

Financial Services

Investigations, examinations and enforcement action
Themed inspections and the implementation of risk mitigation programmes
Fitness and probity regime
Accessing and disclosing information in the course of Central Bank investigations and inquiries
The Individual Accountability Framework, including the Senior Executive Accountability Regime (SEAR), in particular on risk mapping and reporting matrices

Representing an insurance undertaking in an enforcement action brought by the Central Bank in accordance with its administrative sanctions procedure regarding corporate governance and risk management failures.
Representing a number of credit institutions in enforcement actions brought by the Central Bank in accordance with its administrative sanctions procedure.
Advising a number of credit institutions on the regulatory implications of the Central Bank’s tracker mortgage examination.
Advising directors and senior managers on the Central Bank’s fitness and probity regime and the Central Bank interview process.
Representing a credit institution in a high-profile investigation and examination by the Central Bank regarding tracker mortgages.
Representing the Central Bank in successfully defending three sets of urgent court proceedings before the High Court and Court of Appeal challenging the Central Bank’s administrative sanction procedure including the successful defence of injunction and discovery interlocutory applications.