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Home > Publications > Update > Issue 26 - June 2010
Update - Issue 26 - June 2010


Download the pdf version here.

Welcome New Partners and Appointments
From Hugh Garvey, Managing Partner.
Meet our new Partners and Solicitors.
Time Out! Website Terms of Use
Recent legislation could have a significant impact on landowners and on those who believe they have acquired rights on other people's land such as rights of way and fishing and grazing rights. Rights acquired will have to be registered in a relatively short time period or be lost and the user periods needed to acquire certain rights have varied significantly. Clair Cassidy discusses the Land and Conveyancing Law Reform Act 2009. If you own a website and you want to prevent your content from being misappropriated by third parties, then you'll be cheering for Ryanair as Michael O'Leary takes on a German price comparison website. Áine Matthews rings the bell for round one.





One Out, All Out Redundancy: Counting the Cost
Given the recent well-publicised escalation of industrial action by public sector unions, Jennifer Clarke takes a timely look at the law governing industrial action in this country.



In two recent cases, the Employment Appeals Tribunal has handed down substantial awards - €127,350 and €87,000. The tribunal is penalising employers who fail to adhere to 'fair procedures', even when there is a genuine redundancy situation.
Aoife Bradley reports.
Inadvertent Waiver of
Events of Default
Splitting the Difference
The past couple of years in Ireland have seen lenders adopt a wait and see approach to a large number of borrower defaults, but such tactics can be fraught with danger, particularly in light of a recent UK court decision. Neil O'Keeffe explains.






Following a protracted period of intense lobbying at European level, the European Parliament and the EU Council recently finalised their respective drafts of the Alternative Investment Fund Managers Directive. There are currently a number of differences between the two draft texts on areas such as the treatment of third-country funds, delegation requirements and depositary liability, and further efforts are needed to try and reconcile the two competing texts.
Sarah Lyons reports.
Restructuring
Defined Benefit Schemes
Safe Harbour
The overwhelming majority of defined benefit pension schemes are running deficits at present due to a combination of factors, including adverse performance of investment markets, longevity of pensioners and tighter regulatory controls. So what are the options available to companies operating such schemes? Fiona Thornton explains. The European Commission takes a dim view of cartels, price-fixing and anti-competitive practices, but it does make exceptions for certain types of agreements made between undertakings operating at different levels of the supply chain. Marco Hickey and Aoife
Nic Lochlainn
explain.

New Tender Review Procedures Keep it Under Your Hat
Public sector contracts invariably involve high value contracts. The EU has developed a series of complex regulations governing the way contracts are awarded and which set out the remedies for unsuccessful tenderers who feel aggrieved by the tender process. Eoin Cunneen and Niamh Hackett simplify the process. For some larger companies and groups, it makes good business sense to avoid having to publicly file their accounts. This involves adopting a corporate structure that sees the business move from limited company status to unlimited company status. Alan Browning discusses the issues involved.
News: Energy Conference News: Branding Seminars
Strategies for Growth and Investment in the Green Economy, a conference that was hosted by LK Shields Solicitors. Seminars: Deirdre Kilroy and Áine Matthews talk about the legal issues relating to branding.
Recruitment  
We have a number of vacancies at
LK Shields Solicitors.
 



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