News

Consumer Insurance Contracts (Amendment) Bill 2023

In a Seanad Eireann debate on the 1st of June 2023 Senator Barry Ward introduced a Bill entitled an Act to amend the Consumer Insurance Contracts Act 2019 to prevent the use of any average clause by insurance providers.

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High Court Decision on Borrower’s Undertaking and Beneficial Entitlement

A recent High Court decision involving property developer Bernard McNamara and the National Asset Loan Management (NALM) has its background in the charges over investments arising from 2007 in relation to loan faciities from AIB which were succeeded in title by NALM to McNamara.

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New Identity Verification Measures for Irish Company Directors from 23rd April 2023

It has long been a requirement for directors of Irish companies to submit certain personal details such as date of birth, nationality and occupation to the Companies Registration Office (CRO). However, from the 23rd of April 2023, directors will be required to comply with new identity verification obligations when filing certain forms with the CRO.

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The Law Reform Commission’s Report on Complusory Acquisition of Land

The LRC has recently published its Report on the Compulsory Acquisition of Land. This Report considers what the LRC describes as ‘the second half of the compulsory purchase process’. Rather than focusing on whether a CPO should be permitted, the Report considers how and when the land will be taken and the amount the owner will be compensated for the loss of their land.

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Commercial/Corporate

Effect Given to European Union (Preventitive Restructuring) Regulations 2022

This Summer saw effect given to the European Union (Preventitive Restructuring) Regulations 2022 by the Minister for Enterprise, Trade and Employment with the effect of bringing about some changes in the Irish examinership process.

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Litigation

Recent Judicial Comments on the Doctrine of Proportionality in Damages for Personal Injuries

In the recent case of Meehan v Shawcove Limited [2022] IECA 208 Mr. Justice Noonan in the Court of Appeal took the opportunity to reaffirm the distinction between general and special damages and the application of proportionality.

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