Impecunious plaintiffs and security for costs – a new leg to the test

The Irish Supreme Court recently refined the legal test to be applied in security for costs applications against corporate plaintiffs. The Supreme Court introduced a new leg to the proper approach to such applications. In certain circumstances, the court must consider whether is it likely that the proceedings will be “stifled” by an order for security. This consideration should be taken into account in assessing the rights of the parties and the approach that will cause the least injustice to them.

Related briefings

Virtual Asset Service Providers become subject to registration requirements and AML/CTF obligations

On 23 April 2021, provisions of the Fifth Anti-Money Laundering Directive (5AMLD) were transposed into Irish Law by the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (CJA 2021), which amends the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (CJA 2010). Please see our recent briefing for analysis of changes introduced by 5AMLD: New Irish Anti-Money Laundering Rules.

Newcastle United FC and the “reasonable bystander” test

Newcastle United Football Club (Newcastle) recently applied to remove the chair of the arbitration panel due to consider the Premier League’s rejection of a proposed takeover of the club. The English High Court (Court) ruled that Michael Beloff QC could continue in his role, as Newcastle’s allegation of bias did not meet the “reasonable bystander” test.

SFDR Level 2 – 7 Months To Go

1 January 2022 is the next key compliance deadline for funds and fund managers under the EU Sustainable Finance Disclosures Regulation (SFDR). It is also the scheduled effective date of SFDR Level 2 measures, a complex and prescriptive set of technical compliance standards (currently at various stages of finalisation) for SFDR. To support compliance preparations, […]

Medical devices regulation – applicable from 26 May 2021

Amidst much anticipation, the Medical Devices Regulation becomes fully applicable across the EU from today, 26 May 2021. These Regulations represent a long-awaited strengthening of the European regulatory system for medical devices.

Latest Briefings

European Access Plan: Your gateway to business in the EU

On 24 December 2020, the UK officially left the European Union and, under the Brexit agreement, is now a third country to the EU, outside both the single market and customs union. The change means that UK-EU cross-border business activities are now subject to a number of trade barriers, including adjusted and strengthened border controls and additional administrative work.

Costs risk in appeals from the Irish tax appeals commission

The Finance (Tax Appeals) Act, 2015 introduced a new architecture for the hearing and determination of tax appeals. Amongst other changes, the Tax Appeals Commission (the “TAC”) replaced the Appeal Commissioners, with appeals directly to the High Court only on question(s) of law arising from the TAC’s determination (a ‘case stated’), rather than to the Circuit Court on the basis of a full rehearing of the tax appeal.

EAEU Treaty on trademarks comes into effect

The Eurasian Economic Union (EAEU) Treaty on Trademarks, Service Marks and Appellations of Origin of Goods came into effect on April 26, 2021. It serves as a foundation document for the formation of a regional system within EAEU territory.

Banking leaders discuss keeping pace with growth, digital transformation and driving operational efficiency

In a live webinar hosted by the Financial Times, Clare Hart, CEO of Williams Lea, joined two top operational leaders in the corporate and investment banking industry, David Sliney, Chief Operating Officer of investment bank, Stifel and Paul Poggi, Managing Director and Chief Operating Officer of specialist M&A advisor, Harris Williams, in a panel discussion on the intense pressure within corporate and investment banks to find better and more cost effective ways of running core support functions.

Recommended

Find legal roles

Make your next move with The Lawyer Careers. Search and apply for thousands of vacancies, or receive email alerts for new roles when they go live. Whether you're looking at private practice, in-house legal or an exciting business support role, you'll find your future here.

Search vacancies