Evolving Legislative Landscape of Defamation Law in Ireland
INSIGHTS | LITIGATION & DISPUTE RESOLUTION | BY CILLIAN SIMPSON The law of Defamation in Ireland is currently governed by Article 40 of the Constitution, common law and by the Defamation Act 2009 (the “2009 Act”). Article 40 of the Constitution states that the Government shall endeavor to vindicate “the life, person, good name and …
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Collective Legal Actions now available in Ireland for Consumers
INSIGHTS | LITIGATION & DISPUTE RESOLUTION | BY SHANE GRACE The Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (the “Act”) which was signed into law on 11 July 2023 was commenced by the Minister for Enterprise, Trade and Employment (the “Minister”) on 30 April 2024. This is a significant …
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The Revised Energy Performance of Buildings Directive – Implications for Irish Real Estate
COMMERCIAL REAL ESTATE | CONSTRUCTION | INSIGHTS | RENEWABLE ENERGY | BY KEITH DOYLE Introduction The Revised Energy Performance of Buildings Directive (the “Revised Directive”) was adopted by the European Parliament on 12 March 2024 and will be published shortly in the Official Journal of the European Union. Over the next two years Member States …
Ending a Commercial Lease Early: A Tenant-Triggered Divorce
COMMERCIAL REAL ESTATE | INSIGHTS | BY ANNE MARIE JENNINGS In an ever-changing and fast-moving commercial environment, tenants are increasingly considering the need for more flexible workspace to cater for changing working practices. Existing premises may not always be suitable or capable of being adapted to cater for these demands. In this article, we consider …
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Preparing your Business for Sale with BHSM’s Corporate Team
CORPORATE | INSIGHTS | MERGERS & ACQUISITIONS | BY JOE MCVEIGH Preparing your business for sale is a significant endeavour, one that requires meticulous planning, thorough documentation, and expert guidance. With the optimistic outlook for M&A in Ireland in 2024, there is an anticipation that even more business owners will be looking to sell this …
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Understanding the Right to Request Remote and Flexible Working
EMPLOYMENT & BENEFITS | INSIGHTS | BY RICHARD LEE Introduction On 7 March 2024 the right to request flexible or remote working for employees under the Work Life Balance and Miscellaneous Provisions Act 2023 (“the Act”) came into force. Furthermore, the long-awaited WRC Code of Practice for Employers and Employees on the Right to Request …
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Art Meets Law: CJEU takes a stand on copyright for DSW Chairs across borders
Court cases brought between 2019-2023 before the Court of Justice of the European Union (“CJEU”) having intellectual property as the subject matter ranked second in terms of their total number (after those involving freedom, security and justice).
The regulation of crypto-assets in Romania. The European legal framework – MiCA Regulation
The regulation of crypto-asset markets at the level of the European Union is no longer a legislative promise, but a legal reality. With the adoption of Regulation (EU) 2023/1114 on Markets in Crypto-Assets (MiCA), the Union establishes, for the first time, a unified and directly applicable legal framework specifically designed for digital assets not covered …
Vertical Integration in Franchise Systems: Steering Clear of Legal Risks
I. INTRODUCTION Vertical integration can become a powerful strategy for businesses aiming to enhance innovation, streamline operations, and expand their market reach.
WRC Finds Employer Used Redundancy as “Cloak” to Exit Senior Employee in Ireland
In Mark Langham v JMK Group (ADJ-00047192) the Workplace Relations Commission (“WRC”) awarded €125,000 in compensation under the Unfair Dismissals Acts 1977-2015 (the “Acts”) after finding that the Complainant was unfairly dismissed under the “cloak” of redundancy.