Matheson's Sharon Daly, Aoife McCluskey and Valerie Sexton answer the Irish questions in the 3rd edition of Litigation Funding, explaining why third-party litigation funding is not generally permitted in Ireland, citing recent Supreme Court cases.
This document summarizes the state of third-party litigation funding in Ireland according to the following key points in 3 sentences:
Third-party litigation funding is generally not permitted in Ireland due to common law rules against maintenance and champerty. While the courts have considered updating these laws, they have so far affirmed that third-party funding remains unlawful without legislative change. Some alternative options are available like conditional fee agreements, but professional third-party funding by those without a pre-existing interest in the litigation remains prohibited.
Sharon Daly, head of the Commercial Litigation Insurance team at Matheson, wrote the Ireland chapter for Getting The Deal Through: Litigation Funding 2017.
The globalised business environment of today necessitates a strong network of global vendors that play a critical role in the business and can help bring considerable opportunities.
The Community Legal Service provides different types of legal assistance for civil matters like legal advice, help resolving disputes, and help with legal proceedings. It was established under the Access to Justice Act of 1999 and is managed by the Legal Services Commission. Means testing is used to determine financial eligibility, taking into account an applicant's disposable income and capital assets. The prospects of success and costs/benefits are also considered when deciding whether to fund a legal case.
The UK Bribery Act 2010 introduces several new bribery offenses that expand the UK's jurisdiction over bribery. It prohibits bribery of foreign officials, private individuals, and failure by companies to prevent bribery. It covers both UK and non-UK companies that do business in the UK. Penalties are severe, including up to 10 years in prison and unlimited fines. Guidance on an "adequate procedures" defense for companies is forthcoming but compliance is critical to avoid prosecution under the Act's broad reach.
This document summarizes the impact of the 2010 Citizens United Supreme Court decision on political activities and tax laws for trade associations. It discusses that trade associations can now use general treasury funds for independent expenditures and electioneering communications. However, they must still disclose spending and include disclaimers. While political activities do not jeopardize tax-exempt status, they could be subject to tax on some investment income. The document also reviews permissible lobbying and advocacy within tax laws.
Burford Capital 2016 Litigation Finance SurveyBurford Capital
Burford's 2016 Litigation Finance Survey shows that litigation finance continues to grow and evolve. Outside capital helps lawyers meet clients' need for cost containment without putting undue burden on the firm.
The Law Commission published a report on technical issues in charity law on September 14, 2017. The report makes 43 recommendations and includes a draft bill to implement the recommended reforms. Some key recommendations include allowing unincorporated charities to more easily amend governing documents, expanding the circumstances in which small donations can be applied cy-pres without contacting donors, and giving trustees more flexibility when borrowing from or spending permanent endowment funds. The government is expected to respond to the report within the next 6-12 months but may lack resources to implement many reforms due to Brexit.
This document summarizes the state of third-party litigation funding in Ireland according to the following key points in 3 sentences:
Third-party litigation funding is generally not permitted in Ireland due to common law rules against maintenance and champerty. While the courts have considered updating these laws, they have so far affirmed that third-party funding remains unlawful without legislative change. Some alternative options are available like conditional fee agreements, but professional third-party funding by those without a pre-existing interest in the litigation remains prohibited.
Sharon Daly, head of the Commercial Litigation Insurance team at Matheson, wrote the Ireland chapter for Getting The Deal Through: Litigation Funding 2017.
The globalised business environment of today necessitates a strong network of global vendors that play a critical role in the business and can help bring considerable opportunities.
The Community Legal Service provides different types of legal assistance for civil matters like legal advice, help resolving disputes, and help with legal proceedings. It was established under the Access to Justice Act of 1999 and is managed by the Legal Services Commission. Means testing is used to determine financial eligibility, taking into account an applicant's disposable income and capital assets. The prospects of success and costs/benefits are also considered when deciding whether to fund a legal case.
The UK Bribery Act 2010 introduces several new bribery offenses that expand the UK's jurisdiction over bribery. It prohibits bribery of foreign officials, private individuals, and failure by companies to prevent bribery. It covers both UK and non-UK companies that do business in the UK. Penalties are severe, including up to 10 years in prison and unlimited fines. Guidance on an "adequate procedures" defense for companies is forthcoming but compliance is critical to avoid prosecution under the Act's broad reach.
This document summarizes the impact of the 2010 Citizens United Supreme Court decision on political activities and tax laws for trade associations. It discusses that trade associations can now use general treasury funds for independent expenditures and electioneering communications. However, they must still disclose spending and include disclaimers. While political activities do not jeopardize tax-exempt status, they could be subject to tax on some investment income. The document also reviews permissible lobbying and advocacy within tax laws.
Burford Capital 2016 Litigation Finance SurveyBurford Capital
Burford's 2016 Litigation Finance Survey shows that litigation finance continues to grow and evolve. Outside capital helps lawyers meet clients' need for cost containment without putting undue burden on the firm.
The Law Commission published a report on technical issues in charity law on September 14, 2017. The report makes 43 recommendations and includes a draft bill to implement the recommended reforms. Some key recommendations include allowing unincorporated charities to more easily amend governing documents, expanding the circumstances in which small donations can be applied cy-pres without contacting donors, and giving trustees more flexibility when borrowing from or spending permanent endowment funds. The government is expected to respond to the report within the next 6-12 months but may lack resources to implement many reforms due to Brexit.
- Bribery is illegal and has negative effects on businesses, individuals, and society. The Bribery Act 2010 was introduced to modernize UK bribery law and tackle all forms of bribery.
- The course aims to help learners understand the key provisions of the Bribery Act 2010, identify potential bribery risks, understand the principles and implications for business, explain why anti-bribery measures are essential, and know what an anti-bribery policy includes.
- There are six main principles of the Bribery Act 2010 that guide organizations' anti-bribery procedures: proportionate procedures, top-level commitment, risk assessment, due diligence,
Simon Brooks from law firm Eversheds Sutherland gave a presentation on major changes to UK insurance law from the Insurance Act 2015. The new law introduces a duty of fair presentation of risk that requires insureds to disclose all material information to insurers. It also changes remedies for breach to include proportionate reductions in claims instead of automatic avoidance of the policy. Warranties will now be treated as suspensory conditions so coverage isn't voided for unrelated breaches. The changes aim to make disclosure obligations and consequences more proportionate and fair.
The document discusses criticisms of Australia's Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 and its impact on resource joint ventures. Specifically, it argues that the Bill fails to provide legal and commercial certainty for joint ventures by requiring that cartel provisions be contained within a contract and removing the competition test from the joint venture exceptions. This limits the exceptions' application to informal agreements and day-to-day operational decisions of joint ventures. The document advocates adopting the US approach of evaluating joint ventures based on their competitive effects rather than contractual requirements alone.
Getting The Deal Through: Anti-Corruption Regulation 2016Matheson Law Firm
Matheson partners, Bríd Munnelly, Carina Lawlor and Michael Byrne, co-wrote the Ireland chapter for Getting The Deal Through: Anti-Corruption Regulation 2016.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Anti-Corruption Regulation 2016.
The JOBS Act was signed into law in 2012 to facilitate capital formation and included the CROWDFUND Act. The CROWDFUND Act allows small businesses to raise up to $1 million through crowdfunding by selling securities over the Internet without registering with the SEC. Crowdfunding involves raising small amounts of money from a large number of individuals online, often through social media, and has been used to fund creative projects and more recently to help small businesses raise startup capital. The SEC still needs to adopt rules to implement the new crowdfunding exemption for securities sales. Small businesses need to be cautious about using crowdfunding and ensure they comply with all disclosure requirements to avoid securities fraud.
The International Comparative Legal Guide to: Enforcement of Foreign Judgment...Matheson Law Firm
Matheson's Julie Murphy-O'Connor and Gearóid Carey co-wrote the Ireland chapter for The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2016.
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate action.
This is the fourth update revision of a paper which was first published on the internet in 2005. It has been widely read and has been well-received by clients and other lawyers. We believe that we have been repeatedly quoted by other lawyers. Our paper was used in global corporate law texts in Asia and was including in required reading for a business valuators program in Canada.
This paper begins by discussing the various sources of shareholder rights, including corporate statutes, articles of incorporation and by-laws, and shareholder agreements. Although securities laws will also be briefly mentioned, the securities regime is exceedingly complex and it is beyond the scope of this paper to address it in detail. We then discuss the remedies provided by corporate statute to shareholders who are aggrieved by the manner in which management conducts the business and affairs of the corporation, including voting, court-ordered meetings, derivative actions, the oppression remedy, investigations, appraisals and court-ordered winding-up on the “just and equitable principle”.
The oppression remedy, widely acknowledged to be the most powerful weapon in the shareholder's arsenal of remedies, focusses on two particular points: the broad definition of "complainant" under corporate statutes, and the manner in which the courts have defined the reasonable and legitimate expectations of shareholders and other "proper persons" under the oppression remedy.
The authors are members of ELLYN LAW LLP Canadian Business Litigation & Arbitration Lawyers, a Toronto law firm, specializing in dispute resolution for small and medium businesses and their shareholders. The firm is a member of the International Network of Boutique Law Firms (www.inblf.com), a prestige network of specialized law firms who have demonstrated pre-eminence their practice fields. Ellyn Law LLP is INBLF’s designated Toronto firm for shareholder disputes and arbitration. Igor Ellyn, QC is the Chair of INBLF's Business Litigation & Arbitration Practice Group.
In the seven years since this paper was first published, ELLYN LAW LLP has acted on dozens of complex shareholder disputes. Despite our long experience in this area, each case brings its shares of new twists and surprises. In each revision of this paper, we have added the benefits of our added experiences.
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure. It discusses how a civil case is initiated through filing a complaint and serving the defendant. It also covers motions to dismiss, discovery procedures, summary judgment, and other pre-trial and trial processes governed by the Federal Rules. The panelists are experienced litigators who provide context and real-world perspectives on the Rules. The webinar is part of a series aimed at refreshing attorneys on civil litigation fundamentals.
The document summarizes the Companies Tribunal Bulletin which discusses alternative dispute resolution services provided by the Tribunal as a simple, speedy and cost effective way to resolve company disputes. It provides an overview of how mediation, conciliation and arbitration works at the Tribunal and the benefits it provides over litigation. Examples of passing-off cases are also highlighted where the Tribunal found company names were confusingly similar and ordered a name change.
Getting The Deal Through: Healthcare Enforcement and Litigation 2016Matheson Law Firm
Matheson partners, Tom Hayes, Rebecca Ryan and Michael Finn, co-authored the Ireland chapter for Getting The Deal Through: Healthcare Enforcement and Litigation 2016.
CASL is Canada's anti-spam legislation that prohibits the sending of commercial electronic messages without consent. It applies to all organizations in Canada and violations can result in substantial penalties. The document discusses what CASL prohibits, whether it applies to certain organizations like charities, and provides tips for compliance including understanding what messages require consent and how to obtain valid express or implied consent.
Burford Barometer: 2016 Judgment Enforcement SurveyBurford Capital
Burford's 2016 Judgment Enforcement Survey focuses on the extent of the enforcement problem, the legal processes and investigatory methods available and how litigation finance can be used to fund enforcement.
The Legal 500: Bribery and Corruption Comparative Guide 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, Partners in the Commercial Litigation and Dispute Resolution Department and Co-heads of the Regulatory and Investigations Group, co-author the Ireland chapter for The Legal 500: Bribery and Corruption Comparative Guide 2018.
The UK Bribery Act 2010 went into effect on July 1, 2011. It establishes four key bribery offenses and provides an "adequate procedures" defense for companies. To utilize this defense, companies must demonstrate they had six principles of anti-bribery procedures in place: 1) proportionate procedures, 2) top-level commitment, 3) risk assessment, 4) due diligence, 5) communication and training, and 6) monitoring and review. The presentation discusses each of these principles in detail and provides examples of how companies can implement anti-bribery programs addressing third-party risks, mergers and acquisitions, and other issues to comply with the new law. It also notes the option of
The International Comparative Legal Guide to: Business Crime 2017Matheson Law Firm
Carina Lawlor authors the Irish chapter in this multi-jurisdictional guide to Business Crime.
This chapter was first published by The International Comparative Legal Guide to: Business Crime 2017.
Protecting Intellectual Property in the Cannabis Industry (Series: Cannabis Law)Financial Poise
This document provides an overview of intellectual property issues specific to the cannabis industry. It discusses how businesses can protect their brands, trademarks, and patents, as well as notable litigation in the area. The document outlines challenges to registering trademarks for cannabis-related goods due to federal prohibition. However, patents and copyrights can provide protection if requirements are met, and trade secrets can protect non-patentable information indefinitely if properly guarded. Overall, the document examines the complex legal landscape surrounding intellectual property in the cannabis industry.
Fcpa anti corruption due diligence - (pwc)Helen Cuts
The document discusses conducting anti-corruption due diligence when acquiring companies. It begins with an agenda that includes a primer on the Foreign Corrupt Practices Act (FCPA), trends in anti-corruption due diligence, the need for due diligence to avoid legal and business risks, scenarios of when due diligence has uncovered issues, and approaches to conducting due diligence. The document emphasizes the importance of anti-corruption due diligence when acquiring companies and describes regulatory expectations for implementing compliance programs at acquired entities. It provides examples of issues uncovered during due diligence and the consequences.
Getting The Deal Through: Insurance Litigation 2018Matheson Law Firm
Sharon Daly, Head of the Commercial Litigation Insurance team and April McClements, Partner in the Insurance and Dispute Resolution team co-author the Ireland chapter for Getting The Deal Through: Insurance Litigation 2018.
Getting the Deal Through: Insurance Litigation 2019Matheson Law Firm
Litigation partners, Sharon Daly and April McClements and senior associate, Aoife McCluskey author the Ireland chapter of Getting the Deal Through 2019.
Getting The Deal Through: Complex Commercial Litigation 2019Matheson Law Firm
Partners Michael Byrne, Maria Kennedy, Karen Reynolds and Claire McLoughlin co-author the Ireland chapter for the 2019 edition of Getting The Deal Through: Complex Commercial Litigation.
Getting The Deal Through: Financial Services Litigation 2018Matheson Law Firm
This document provides an overview of financial services litigation in Ireland. It discusses the most common causes of action brought against banks and financial institutions, which typically relate to the misselling of financial products and mismanagement of investment funds. It also examines the types of non-contractual duties that have been recognized in misselling claims, such as advisory duties. The document outlines Ireland's statutory liability regime for untrue statements in prospectuses. It notes that Irish courts have generally not recognized an implied duty of good faith in contracts, though certain relationships may imply such duties. Fiduciary duties are more likely to be found in advisory relationships. The document also discusses the treatment of standard form agreements, the ability of financial institutions to limit liability,
- Bribery is illegal and has negative effects on businesses, individuals, and society. The Bribery Act 2010 was introduced to modernize UK bribery law and tackle all forms of bribery.
- The course aims to help learners understand the key provisions of the Bribery Act 2010, identify potential bribery risks, understand the principles and implications for business, explain why anti-bribery measures are essential, and know what an anti-bribery policy includes.
- There are six main principles of the Bribery Act 2010 that guide organizations' anti-bribery procedures: proportionate procedures, top-level commitment, risk assessment, due diligence,
Simon Brooks from law firm Eversheds Sutherland gave a presentation on major changes to UK insurance law from the Insurance Act 2015. The new law introduces a duty of fair presentation of risk that requires insureds to disclose all material information to insurers. It also changes remedies for breach to include proportionate reductions in claims instead of automatic avoidance of the policy. Warranties will now be treated as suspensory conditions so coverage isn't voided for unrelated breaches. The changes aim to make disclosure obligations and consequences more proportionate and fair.
The document discusses criticisms of Australia's Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 and its impact on resource joint ventures. Specifically, it argues that the Bill fails to provide legal and commercial certainty for joint ventures by requiring that cartel provisions be contained within a contract and removing the competition test from the joint venture exceptions. This limits the exceptions' application to informal agreements and day-to-day operational decisions of joint ventures. The document advocates adopting the US approach of evaluating joint ventures based on their competitive effects rather than contractual requirements alone.
Getting The Deal Through: Anti-Corruption Regulation 2016Matheson Law Firm
Matheson partners, Bríd Munnelly, Carina Lawlor and Michael Byrne, co-wrote the Ireland chapter for Getting The Deal Through: Anti-Corruption Regulation 2016.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Anti-Corruption Regulation 2016.
The JOBS Act was signed into law in 2012 to facilitate capital formation and included the CROWDFUND Act. The CROWDFUND Act allows small businesses to raise up to $1 million through crowdfunding by selling securities over the Internet without registering with the SEC. Crowdfunding involves raising small amounts of money from a large number of individuals online, often through social media, and has been used to fund creative projects and more recently to help small businesses raise startup capital. The SEC still needs to adopt rules to implement the new crowdfunding exemption for securities sales. Small businesses need to be cautious about using crowdfunding and ensure they comply with all disclosure requirements to avoid securities fraud.
The International Comparative Legal Guide to: Enforcement of Foreign Judgment...Matheson Law Firm
Matheson's Julie Murphy-O'Connor and Gearóid Carey co-wrote the Ireland chapter for The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2016.
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the remedies permitted if disputes arise. In this paper, we highlight the range of remedies available in the common law jurisdictions of Canada to protect shareholders and others from abusive corporate action.
This is the fourth update revision of a paper which was first published on the internet in 2005. It has been widely read and has been well-received by clients and other lawyers. We believe that we have been repeatedly quoted by other lawyers. Our paper was used in global corporate law texts in Asia and was including in required reading for a business valuators program in Canada.
This paper begins by discussing the various sources of shareholder rights, including corporate statutes, articles of incorporation and by-laws, and shareholder agreements. Although securities laws will also be briefly mentioned, the securities regime is exceedingly complex and it is beyond the scope of this paper to address it in detail. We then discuss the remedies provided by corporate statute to shareholders who are aggrieved by the manner in which management conducts the business and affairs of the corporation, including voting, court-ordered meetings, derivative actions, the oppression remedy, investigations, appraisals and court-ordered winding-up on the “just and equitable principle”.
The oppression remedy, widely acknowledged to be the most powerful weapon in the shareholder's arsenal of remedies, focusses on two particular points: the broad definition of "complainant" under corporate statutes, and the manner in which the courts have defined the reasonable and legitimate expectations of shareholders and other "proper persons" under the oppression remedy.
The authors are members of ELLYN LAW LLP Canadian Business Litigation & Arbitration Lawyers, a Toronto law firm, specializing in dispute resolution for small and medium businesses and their shareholders. The firm is a member of the International Network of Boutique Law Firms (www.inblf.com), a prestige network of specialized law firms who have demonstrated pre-eminence their practice fields. Ellyn Law LLP is INBLF’s designated Toronto firm for shareholder disputes and arbitration. Igor Ellyn, QC is the Chair of INBLF's Business Litigation & Arbitration Practice Group.
In the seven years since this paper was first published, ELLYN LAW LLP has acted on dozens of complex shareholder disputes. Despite our long experience in this area, each case brings its shares of new twists and surprises. In each revision of this paper, we have added the benefits of our added experiences.
The Federal Rules of Civil Procedure (Series: Newbie Litigator School)Financial Poise
This webinar provides an overview of the Federal Rules of Civil Procedure. It discusses how a civil case is initiated through filing a complaint and serving the defendant. It also covers motions to dismiss, discovery procedures, summary judgment, and other pre-trial and trial processes governed by the Federal Rules. The panelists are experienced litigators who provide context and real-world perspectives on the Rules. The webinar is part of a series aimed at refreshing attorneys on civil litigation fundamentals.
The document summarizes the Companies Tribunal Bulletin which discusses alternative dispute resolution services provided by the Tribunal as a simple, speedy and cost effective way to resolve company disputes. It provides an overview of how mediation, conciliation and arbitration works at the Tribunal and the benefits it provides over litigation. Examples of passing-off cases are also highlighted where the Tribunal found company names were confusingly similar and ordered a name change.
Getting The Deal Through: Healthcare Enforcement and Litigation 2016Matheson Law Firm
Matheson partners, Tom Hayes, Rebecca Ryan and Michael Finn, co-authored the Ireland chapter for Getting The Deal Through: Healthcare Enforcement and Litigation 2016.
CASL is Canada's anti-spam legislation that prohibits the sending of commercial electronic messages without consent. It applies to all organizations in Canada and violations can result in substantial penalties. The document discusses what CASL prohibits, whether it applies to certain organizations like charities, and provides tips for compliance including understanding what messages require consent and how to obtain valid express or implied consent.
Burford Barometer: 2016 Judgment Enforcement SurveyBurford Capital
Burford's 2016 Judgment Enforcement Survey focuses on the extent of the enforcement problem, the legal processes and investigatory methods available and how litigation finance can be used to fund enforcement.
The Legal 500: Bribery and Corruption Comparative Guide 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, Partners in the Commercial Litigation and Dispute Resolution Department and Co-heads of the Regulatory and Investigations Group, co-author the Ireland chapter for The Legal 500: Bribery and Corruption Comparative Guide 2018.
The UK Bribery Act 2010 went into effect on July 1, 2011. It establishes four key bribery offenses and provides an "adequate procedures" defense for companies. To utilize this defense, companies must demonstrate they had six principles of anti-bribery procedures in place: 1) proportionate procedures, 2) top-level commitment, 3) risk assessment, 4) due diligence, 5) communication and training, and 6) monitoring and review. The presentation discusses each of these principles in detail and provides examples of how companies can implement anti-bribery programs addressing third-party risks, mergers and acquisitions, and other issues to comply with the new law. It also notes the option of
The International Comparative Legal Guide to: Business Crime 2017Matheson Law Firm
Carina Lawlor authors the Irish chapter in this multi-jurisdictional guide to Business Crime.
This chapter was first published by The International Comparative Legal Guide to: Business Crime 2017.
Protecting Intellectual Property in the Cannabis Industry (Series: Cannabis Law)Financial Poise
This document provides an overview of intellectual property issues specific to the cannabis industry. It discusses how businesses can protect their brands, trademarks, and patents, as well as notable litigation in the area. The document outlines challenges to registering trademarks for cannabis-related goods due to federal prohibition. However, patents and copyrights can provide protection if requirements are met, and trade secrets can protect non-patentable information indefinitely if properly guarded. Overall, the document examines the complex legal landscape surrounding intellectual property in the cannabis industry.
Fcpa anti corruption due diligence - (pwc)Helen Cuts
The document discusses conducting anti-corruption due diligence when acquiring companies. It begins with an agenda that includes a primer on the Foreign Corrupt Practices Act (FCPA), trends in anti-corruption due diligence, the need for due diligence to avoid legal and business risks, scenarios of when due diligence has uncovered issues, and approaches to conducting due diligence. The document emphasizes the importance of anti-corruption due diligence when acquiring companies and describes regulatory expectations for implementing compliance programs at acquired entities. It provides examples of issues uncovered during due diligence and the consequences.
Getting The Deal Through: Insurance Litigation 2018Matheson Law Firm
Sharon Daly, Head of the Commercial Litigation Insurance team and April McClements, Partner in the Insurance and Dispute Resolution team co-author the Ireland chapter for Getting The Deal Through: Insurance Litigation 2018.
Getting the Deal Through: Insurance Litigation 2019Matheson Law Firm
Litigation partners, Sharon Daly and April McClements and senior associate, Aoife McCluskey author the Ireland chapter of Getting the Deal Through 2019.
Getting The Deal Through: Complex Commercial Litigation 2019Matheson Law Firm
Partners Michael Byrne, Maria Kennedy, Karen Reynolds and Claire McLoughlin co-author the Ireland chapter for the 2019 edition of Getting The Deal Through: Complex Commercial Litigation.
Getting The Deal Through: Financial Services Litigation 2018Matheson Law Firm
This document provides an overview of financial services litigation in Ireland. It discusses the most common causes of action brought against banks and financial institutions, which typically relate to the misselling of financial products and mismanagement of investment funds. It also examines the types of non-contractual duties that have been recognized in misselling claims, such as advisory duties. The document outlines Ireland's statutory liability regime for untrue statements in prospectuses. It notes that Irish courts have generally not recognized an implied duty of good faith in contracts, though certain relationships may imply such duties. Fiduciary duties are more likely to be found in advisory relationships. The document also discusses the treatment of standard form agreements, the ability of financial institutions to limit liability,
This document provides information about an insurance litigation publication titled "Insurance Litigation 2017". It lists the contributing editors and publisher. It notes that the publication covers insurance litigation topics in various countries and was published in 2017 by Law Business Research Ltd in London. It states that the information is intended to be general and may require legal advice in specific situations.
In this first edition published by the International Comparative Legal Guide, Julie Murphy O'Connor, Karen Reynolds and Claire McLoughlin answer your questions regarding financial services disputes in Ireland.
This document summarizes commercial litigation procedures in Ireland. It discusses key considerations for parties bringing claims such as applicable limitation periods and jurisdiction. It also outlines interim relief options, pre-action conduct requirements, and alternatives to litigation such as mediation. Class actions and third-party litigation funding are not common in Ireland, though representative actions and test cases can achieve similar outcomes. The courts generally apply Irish common law and recognize choice of foreign governing law in contracts.
Litigation Funding: Extending Access to Justice (Oliver Gayner and Noah Wortm...Noah Wortman
Litigation funding, over the years, has been established as an integral part of mainstream civil justice systems with a view to facilitating access to justice. Not only do litigation funders finance the cost of proceedings in exchange for a portion of the recovery, but they frequently function as coordinators amongst investor-claimants, provide access to legal resources, and (in some cases) underwrite the potentially significant risk of paying “adverse costs” (i.e., paying for the respondent’s legal bills in the event the claim is unsuccessful).
Getting the Deal Through: Enforcement of Foreign Judgments 2019Matheson Law Firm
Partner Julie Murphy O'Connor and senior associate Gearóid Carey co-author the Ireland chapter for Getting the Deal Through: Enforcement of Foreign Judgments 2019.
Introduction to Commercial Litigation FinanceFinancial Poise
Litigation funding is an increasingly popular tool for attorneys and parties with legal claims to share the risk and reward of litigation or arbitration with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why,” and “how’s” behind litigation funding.
Part of the webinar series: Commercial Litigation Funding 2022
See more at https://www.financialpoise.com/webinars/
An Introduction to a New Yet Old Funding Alternative (Series: Commercial Liti...Financial Poise
Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why” and “how’s” behind litigation funding.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/an-introduction-to-a-new-yet-old-funding-alternative-2020/
Thesis - M2DCI - Lucia Miklankova - Third Party Funding in International Arbi...Lucia Mikl
This document provides an introduction and overview of a thesis examining third-party funding in international arbitration. It begins by defining third-party funding and explaining how the concept has emerged. It then outlines some of the legal, ethical, and other issues that have been raised regarding third-party funding, such as potential conflicts of interest, confidentiality concerns, and the risk of undue influence over arbitration proceedings by third-party funders. The document notes that while third-party funding could help increase access to justice, practitioners are divided on its overall impacts on international arbitration.
Protecting Market Share 11.20.14 REVISEDPatrick Fox
This document provides an expert overview of legal protections for market defense activities, such as lobbying, organizing opposition, and strategic litigation. It discusses the Noerr-Pennington doctrine, which provides immunity from antitrust liability for petitioning government bodies, even if the intent is to eliminate competition. There are two exceptions: sham lawsuits and fraudulent misrepresentations. Recent court cases have expanded these protections to include supporting opposition groups and anonymous third parties. Additionally, states have passed anti-SLAPP laws providing mechanisms to dismiss lawsuits aimed at censoring petitioning activity and recover legal fees. The document concludes that legally protected competitive engagement activities include organizing opposition to development projects, even if supported by anonymous parties seeking to protect market share.
An Introduction to a New Yet Old Funding Alternative (Series: Commercial Liti...Financial Poise
Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why” and “how’s” behind litigation funding.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/an-introduction-to-a-new-yet-old-funding-alternative-2021/
This document summarizes recent developments regarding devolution in the UK. It discusses the Cities and Local Government Devolution Bill, which provides a framework for devolving powers and budgets to local areas in England. It outlines some key implications, including additional powers for the Secretary of State over combined authorities. It also summarizes the proposed North Midlands devolution agreement between Nottinghamshire and Derbyshire councils to establish a mayoral combined authority with new powers over housing, transport, and public services.
In this month's public matters the team look at:
- discretionary power and policies
- employment law update
- the devolution story so far
- break point or game, set and match for landlords? An important Supreme Court decision on break clauses
- how and why can ITC contracts be terminated?
- confidentiality - changing GMC guidance
- our new intercept claims validation product for health sector clients.
The document discusses access to legal aid and assistance in the UK. It outlines different types of legal help available through programs like the Community Legal Service, including legal advice, help preventing disputes, and legal representation. It also discusses eligibility criteria like means testing and priority being given to cases involving children or human rights. Funding decisions consider the cost and public interest, and merits of a case like the likelihood of success.
The document discusses access to legal aid and assistance in the UK. It outlines different types of legal help available through the Legal Services Commission and Community Legal Service, including legal advice, help at court, and legal representation. It also discusses eligibility criteria like means testing and funding priorities. People may be eligible for legal aid if they meet certain income and asset thresholds. The prospects of success in a case must be reasonably good for full legal representation to be approved.
The document discusses access to legal aid and assistance in the UK. It outlines different types of legal help available through programs like the Community Legal Service and Legal Services Commission. Eligibility is determined through means testing of disposable income and capital, with priority given to cases involving children, domestic violence, or human rights issues. Funding decisions also consider the cost, importance, and likelihood of success of a case.
Similar to Getting the deal through: Litigation Funding Ireland 2019 (20)
The key points from the document are:
1. Ireland introduced formal transfer pricing legislation in 2010 that requires transactions between related parties to be conducted at arm's length prices.
2. The Irish transfer pricing rules were substantially updated in 2019 to broaden their scope of application.
3. Under the Irish rules, the taxable profits of companies must be computed based on accounting profits, subject to any adjustments required by law, including transfer pricing adjustments. Adjustments may deem transactions at undervalue to be deemed distributions for company law purposes.
Lexology Getting the Deal Through Air Transport 2020Matheson Law Firm
Finance and Capital Markets partners Rory McPhilips and Stuart Kennedy and senior associate, Stephen Gardiner co-author the Ireland chapter of Getting the Deal Through Air Transport 2020.
Corporate M&A partners Brian McCloskey and Fergus Bolster co-author the Ireland chapter of the International Comparative Legal Guide to Mergers and Acquisitions..
Stuart Kennedy, partner, authors The Assumption of Jurisdiction by the Irish Courts in Cases Involving the Registrar of the International chapter of the Cape Town Convention Journal.
Registry
1. Ireland taxes individuals based on their residence and domicile status. Resident and domiciled individuals are taxed on worldwide income and capital gains. Resident but non-domiciled individuals are taxed on Irish-source income and foreign income remitted to Ireland.
2. Ireland has gift, estate, and wealth transfer taxes called Capital Acquisitions Tax (CAT) imposed on beneficiaries. Rates are 33% but certain transfers like between spouses are exempt.
3. Other relevant taxes include income tax, capital gains tax, universal social charge, value-added tax, stamp duties, and a domicile levy for high-earning non-domiciled individuals.
International Comparative Legal Guide to Private Equity 2019Matheson Law Firm
Corporate partner, Brian McCloskey and Tax partner, Aidan Fahy co-author the Ireland chapter of the International Comparative Legal Guide to Private Equity 2019.
Commercial Litigation and Dispute Resolution partner, April McClements and senior associate, Aoife McCluskey co-author the Ireland chapter of the Class Actions Law Review, 3rd Edition.
Commercial Litigation and Dispute Resolution partner, Julie Murphy O'Connor and senior associate, Kevin Gahan co-author the Ireland chapter of the Insolvency Review, 7th Edition.
International Comparative Legal Guide to Business Crime 2020Matheson Law Firm
Commercial Litigation and Dispute Resolution partners Karen Reynolds and Claire McLoughlin co-author the Ireland chapter of the International Comparative Legal Guide to Business Crime.
This document provides information about transfer pricing rules and regulations in Ireland. It discusses the primary Irish transfer pricing legislation, the government agency responsible for enforcement, the role of the OECD Transfer Pricing Guidelines, the types of transactions covered by the rules, and Ireland's adherence to the arm's length principle. It also addresses Ireland's implementation of the OECD's base erosion and profit shifting (BEPS) project and its effects on the applicable transfer pricing rules.
Finance and Capital Market partners Rory McPhillips and Stuart Kennedy and senior associate, Stephen Gardiner co-author the Ireland chapter of GTDT Air Transport 2020.
Ireland introduced formal transfer pricing legislation in 2010 that broadly applies the arm's length principle to transactions between related parties, requiring the substitution of an arm's length amount for the actual consideration in computing taxable profits. The legislation applies equally to domestic and international transactions but does not apply to small and medium-sized enterprises. An adjustment to the accounting profits for tax purposes under the transfer pricing rules could also result in a deemed distribution under company law if the transaction was undertaken at an undervalue.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.