Commercial Law – Update 3

PUBLIC PROCUREMENT: NEW GOVERNMENT INITIATIVE TO ASSIST SME PARTICIPATION

In April 2013, the Department of Public Expenditure and Reform (“Department”) issued to all Heads of Departments new guidance in the form of a circular (Circular 10/14) with the stated intention of updating and strengthening measures designed to facilitate SME’s to win business from the public sector through better participation in Public Procurement.
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Company Law – Update 1

COMPANIES BILL 2012

As the Companies Bill 2012 (the “Bill”) nears enactment, companies are beginning to prepare for transition to the new regime. The Bill will repeal the entire Companies Acts and will consolidate them in a single statute. When enacted, the new Companies Act will contain 1,431 sections. The Bill is built around the most common company type in Ireland which is the private company limited by shares. These companies will be subject to an eighteen month transition period (which can be extended by the Minister for a further twelve months) during which directors and shareholders must decide to either, subject to the passing of a resolution, register as a new form company limited by shares (known as a “CLS”) or as a designated activity company (“DAC”). Continue reading

Commercial Law – Update 1

CHARITIES ACT, 2009

The Charities Act 2009 was signed into law on 28th February 2009. The key operative sections of the Act have yet to be commenced by the Minister for Justice, Equality & Defence. The purposes of the Act generally are as follows:-

  1. To establish a new Charities Regulator for the sector;
  2. To reform the law of charities by ensuring greater accountability; and
  3. To protect against fraud and the abuse of charitable status.

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Employment Law – Update 2

RE-ENGAGEMENT AND RE-INSTATEMENT IN PRACTICE

Stobart (Ireland) Driver Services Limited -v- Carroll

In the recent decision of Stobart (Ireland) Driver Services Limited -v- Carroll, the President of the High Court upheld a new use of the traditional remedy of re-instatement. Continue reading

Employment Law – Update 1

RE-ENGAGEMENT AND RE-INSTATEMENT IN PRACTICE

Rachel Bermingham -v- Marks and Spencer Limited

In the Decision of Rachel Bermingham -v- Marks and Spencer Limited (the “Company”), the Employment Appeals Tribunal (the “Tribunal”) ordered the Company to re-engage its former employee from the date of the determination of the Tribunal. This effectively meant that the Claimant was put back into the position she held prior to the dismissal. The Tribunal also determined that her continuity of employment was preserved. Continue reading

Litigation Update 1

TAXATION OF COSTS

In order to seek legal costs, two basic conditions must be met. These are as follows:-

  1. The client must have been issued with a letter of engagement or similar letter pursuant to Section 68 of the Solicitors (Amendment) Act, 1994; and
  2. A Bill of Costs (or similar) must have been delivered to the client.

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