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Matheson’s Regulatory and Investigations Winter 2014 newsletter

AUTHOR(S): Carina Lawlor, Bríd Munnelly, Michael Byrne
PRACTICE AREA GROUP: Regulatory and Investigations
DATE: 08.12.2014

Welcome to the winter 2014 newsletter of the Regulatory and Investigations Group at Matheson. In this edition, we look at recent developments in our practice area, including commercial litigation, regulatory inquiries, freedom of information and white collar crime.  

Mis-selling Claim defeated by the Statute of Limitations – Komady v Ulster Bank 
In a recent High Court decision, Judge Peart held that a mis-selling claim was out of time as the plaintiff had all the information relevant to his claim when the transaction was initially entered into.  The mis-selling proceedings were instituted more than six years after that date and so were held to be statute barred. 

Banking inquiry opens its account 
Preparations for the Oireachtas Banking Inquiry are gathering at pace with the Inquiry formally established, and its terms of reference set, on Wednesday, 26 November 2014.  Public hearings are expected to begin in December 2014.  

Update on anti-corruption enforcement in Ireland 
Three recent international reports cast an eye over Ireland’s anti-corruption legislation and enforcement. 

How private entities may be affected by the new Freedom of Information Act 2014 
This article covers the new approach taken by the Freedom of Information Act 2014 to determining how bodies come within its remit, with a particular focus on how private entities may now be covered.  It also addresses other changes introduced by the new legislation. 

Mutual legal assistance – help your neighbour! 
We consider the recently published Criminal Justice (Mutual Assistance) (Amendment) Bill 2014 which will promote greater cooperation in the recovery of cross-border fines and penalties, as well as encouraging greater collaboration between European Union Member States in dealing with crisis situations, such as terrorist incidents and the confiscation of proceeds of crime.  

Court of Appeal – end of the appeal backlog? 
We consider the introduction of the new Court of Appeal, established in late October this year and the impact the new court will have on litigation in Ireland.  250 cases have already been transferred to the new court and it is expected to significantly reduce the waiting times for appeals from the High Court.

Should you require further information or legal advice in relation to any of the matters referred to in this update, please get in touch with the Regulatory and Investigations Group.   

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