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Home > Publications > Update > Issue 24 - Spring 2009
Update - Issue 24 - Spring 2009


Download the pdf version here.

Welcome New Faces at the Firm
From Hugh Garvey, Managing Partner.

Meet the new members of our team.
Company Secretarial All Things Being Equal
If recent events have shown us anything, it's that now more than ever corporate governance is a critical concern for the entire business community, including small private companies. Alan Browning tells us why.


Last year over 1,000 people brought claims to the Equality Tribunal, 85% of which related to alleged discrimination in the workplace. As Jennifer Clarke explains, the absence of fair procedures and non-adherence to the principles of natural justice can seriously affect the outcome of any claim against an employer.
Full Steam Ahead for
Railway Safety
Redundancy: the Pensions Issues
The Railway Safety Commission, established in 2005 to oversee railway safety in Ireland, has recently been given new powers under EU law.



Employers in a redundancy situation want to reach a fair severance arrangement with their staff and an amicable parting of the ways. But how can this be achieved? Gillian Dully and Fiona Thornton highlight some of the issues that might arise
Examining the Options Spirit of the Age?
These are hard times for business. In an era of falling asset values and tight trading conditions, some firms may be facing paper losses or technical insolvency. In the fight for survival, applying for examinership is one way they can avoid being forced into a 'fire sale' of their assets. But, Andrew Gill explains, timing is critical. Off-licence sales are booming. Between the smoking ban, the clampdown on drink driving and the downturn in the economy, more and more people are choosing to drink at home. And this means that more off-licences are opening all the time. Jennifer Clarke explains what's involved in obtaining an off-licence to sell liquor to the public.
Examinership: Can Secured Creditors Bank on it? Someone to Watch Over Me
Examinership gives an insolvent company protection from its creditors for up to 100 days while it attempts to save its struggling business. But in the case of secured creditors such as banks, recent case law suggests the situation may not be as clear-cut as was once thought.
You already know that it's a good idea to make a will to provide for your assets after your death, but what if during your own lifetime you become unable to manage your own affairs? Well, that's where an enduring power of attorney can help.
Too Close for Comfort? Shareholders' Rights Directive
Shoppers are used to seeing lookalike products on supermarket shelves, but how do the manufacturers get away with producing and selling such blatant imitations? And how do you know if a lookalike product is sailing too close to the wind? Aine Matthews has the answers. The EU Directive on Shareholders' Rights is to be implemented into the laws of Member States by August 2009.










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