Publications Archive
Our newsletter and various in-house and published articles on current issues.
Restriction Orders against Directors of an Insolvent Company in Liquidation
December 2010
Court rules on restriction orders against directors of an insolvent company in liquidation. Frank O'Reilly, partner in WhitneyMoore, reviews the ruling in an article published in the International Law Office Newsletter.
A recent Supreme Court decision reviewed the law on directors' duties and restriction orders against directors of an insolvent company in liquidation.
Claims of Foreign Employer Insolvency Funds in an Irish Liquidation
November 2010
Article by Frank O'Reilly, partner in WhitneyMoore, published in the International Law Office Newsletter.
A recent Supreme Court decision allowed an appeal and ordered that the UK Insolvency Service be admitted as a creditor in the Irish liquidation of Bell Lines Limited (there being no separate winding-up proceedings in the United Kingdom) in respect of payments to UK-based employees of the Irish company.
Court Challenge to Ireland's 'bad bank' (NAMA) unsuccessful
November 2010
Article by Frank O'Reilly, partner in WhitneyMoore, published in the International Law Office Newsletter.
A High Court challenge to the acquisition by Ireland's 'bad bank', the National Asset Management Agency (NAMA), of unimpaired loans of a participating bank has been rejected.
Examinership in the courts: powers and strategies for corporate survival
November 2010
Article by Frank O'Reilly, partner in WhitneyMoore, published in the International Law Office Newsletter.
Examinership is a process under Irish Law whereby an insolvent company is afforded court protection from its creditors while an examiner formulates a scheme of arrangement for its survival. There have been a number of recent noteworthy court decisions.
The Pharmacy Regulator's Guidance on the Sale of Codeine Medicines - A Legal Perspective
November 2010
Pharmacists will be all too aware of the Pharmacy Regulator's recent Guidance on the safe supply of non-prescription medicines containing codeine, which took effect on 1 August 2010. The Guidance contains two requirements which, from a legal perspective, raise serious doubts regarding the validity and enforceability. Mark Ryan, partner in WhitneyMoore, reviews the issues.
A New Culture of Third Level Branding
October 2010
Article by Robin Hayes, associate in WhitneyMoore, published in the International Law Office Newsletter.
A recent judgment by the Supreme Court has endorsed European Court of Justice (ECJ) principles relating to the liability of trademarks to revocation for non-use. The judgment confirmed that the Irish courts will protect the IP rights of companies that rely on so-called 'third level branding' to promote their products. Third-level branding has been described as branding a product by reference to a unique branded ingredient.
DePuy Orthopaedics Hip Implant Recall
September 2010
The recall on 26 August 2010 by DePuy Orthopaedics of its ASR hip implants due to higher than normal failure rates is a cause of major concern for patients who have received the device – whether or not they are experiencing problems. All such patients are advised to consult their surgeons and to undergo certain tests on a regular basis. Apart from the medical concerns there are serious legal issues involved in relation to which patients should also obtain immediate expert advice…
The Advisor, Summer 2010
July 2010
The latest issue of our newsletter covers: Commercial Leases and Corporate Restructuring, Capital Acquisitions Tax and the Finance Act 2010, Cloud Computing, How Green is Green?, Top Management Receive Top Awards from EAT, New Pension Provisions and WhitneyMoore Secures Meritas Membership.
Download the full copy here.
Corporate Restructuring Guidelines
April 2010
Corporate Restructuring Guidelines written by WhitneyMoore and published by the Irish Business and Employers Confederation (IBEC).
Download the guidelines here.
Linen Supply of Ireland Limited - Court Ruling
February 2010
An Examiner was appointed to the company Linen Supply of Ireland Limited on the 30th September 2009. Pursuant to s. 24 of the Companies (Amendment) Act 1990, the Court was asked by the Examiner to approve a Scheme of Arrangement. The Scheme was supported by the majority of creditors; however it was opposed by a number of landlord creditors from whom the company had leased premises.
Download our analysis here.
Companies (Amendment) Act 2009
December 2009
On the 12th July 2009, the Companies Amendment Act 2009 was signed into law by President Mary McAleese. This Act introduces important changes to the Companies Acts that will affect all companies in Ireland.
Download the main provisions of the Act here.
International Law Office
October 2009
Tangible Tax Relief for Intangible Assets. Article by Aoife Murphy and Robin Hayes published in the International Law Office Newsletter.
In a welcome move the Finance Act 2009 introduced wide-ranging tax relief on capital expenditure incurred by companies on the acquisition of intangible assets in order to enhance Ireland's appeal as a location for the development and exploitation of intellectual property.
Download the full copy here.
Collective action in the community pharmacy sector
September 2009
On 23rd September 2009 the Competition Authority published a Notice containing guidance on the question of collective action in the Community Pharmacy Sector.
Download our analysis here.
Click here for a copy of the Notice (Decision No. N/09/001).
International Law Office
June 2009
Commercial Court Makes First Community Designs Ruling. Article by Aoife Murphy and Robin Hayes published in the International Law Office Newsletter.
Karen Millen Ltd v Dunnes Stores was the first case in Ireland to be decided under EU Community Designs Regulation (6/2002), which provides for a three-year unregistered Community design right and came into force across the European Union in 2002.
Download the full copy here.
The Advisor, Spring 2009
February 2009
The latest issue of our newsletter covers: Pre-Emptive Steps for Directors of Struggling Companies; Unsolicited Electronic Communications for Direct Marketing Purposes; Employers' Obligation To Issue Employment Documentation To Foreign National Employees In A Language They Can Understand; and much more.
Download the full copy here.
Eircom tells filesharers: "3 strikes and you’re out"
January 2009
Copyright infringement proceedings taken by record companies EMI, Sony BMG, Universal Music and Warner Music against Eircom, Ireland’s largest internet service provider (ISP), have been settled.
Download our analysis of this important case here.