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Ireland—Determining jurisdiction in civil litigation—checklist

Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...

UK Benchmarks Regulation—timeline

UK Benchmarks Regulation—timeline This timeline shows key developments relating to Assimilated Regulation (EU) 2016/1011 (the UK Benchmarks Regulation) from January 2024 onwards. For earlier developments, see Benchmarks Regulation—timeline [Archived] 2024 Date Source Document Description 22 October 2024 UK Parliament SI 2024/1051: The Critical Benchmarks Regulations 2004 SI 2024/1051: These Regulations are made to specify the WMR Closing Spot Rates (also known as the WMR London 4pm Closing Spot Rate) and ICE Swap Rate® as critical benchmarks for the purposes of Article A20(5) of Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds. They are made in exercise of legislative powers under Regulation (EU) 2016/1011 in connection with assimilated law. They are due to come into force on 13 November 2024.See: LNB News 22/10/2024 108 1 October 2024 FCA and BoE FCA press releaseThe end of LIBOR The BoE has issued a joint press release...

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Personal data breach management—workflow

Personal data breach management—workflow This Flowchart illustrates how to manage a data protection breach under the UK General Data Protection Regulation (UK GDPR). It reflects reporting and recording requirements under the UK GDPR together with data breach management guidance issued by the Information Commissioner's Office (ICO). It maps out a process, providing guidance and links to relevant precedents for each stage of that process. It can also be used for cybersecurity breaches. See Precedents: Personal data breach plan, Data breach report form—internal and Data breach assessment and action plan, which guide you through each stage of this workflow. Note 1—assemble data breach team The first step is to assemble your data breach team. Consider who within the organisation would be best placed to react swiftly to the breach and who should be involved with the subsequent investigation. This will often involve input from specialists across the business such as IT, HR and compliance/legal and, in some cases, contact with external stakeholders and suppliers. Precedent: Personal data breach plan encourages...

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Reason for dismissal—conduct

Conduct is a potentially fair reason for dismissal. Dismissals for misconduct are probably the most frequent category of unfair dismissal claim brought before the employment tribunal.The conduct does not have to be of any particular character. It does not have to be 'reprehensible' or even 'culpable' for it to constitute a potentially fair reason, although the extent to which the claimant is blameworthy may be relevant when considering whether or not dismissal was a fair sanction in all the circumstances and also when assessing compensation, see: Appropriateness of dismissal: general below and Practice Note: The unfair dismissal compensatory award—Contributory fault.Dismissal for an isolated incident of misconduct will rarely be fair although, in some circumstances, the incident will be sufficiently serious to justify dismissal for a first offence. Generally, dismissal for misconduct will only be a reasonable sanction if the employee had committed earlier acts of misconduct and been warned that further incidents may lead to dismissal.Refusal to comply with instructionsAn employee is under a general obligation to follow lawful and...

Prohibited conduct claims: declarations and recommendations

This Practice Note examines the use of declarations and recommendations by an employment tribunal as remedies in a prohibited conduct (eg discrimination) claim.Declaration of rightsIf an employment tribunal finds that there has been a contravention of:•Part 5 (work) (see Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims)•section 108 (prohibited conduct concerning relationships that have ended—see Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims—After employment)•section 111 (instructing, causing or inducing contraventions—see Practice Note: Liability of employers and employees under the Equality Act 2010—Instructing, causing or inducing contraventions)•section 112 (aiding contraventions—see Practice Note: Liability of employers and employees under the Equality Act 2010—Aiding contraventions)it may make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate.This remedy is rarely used. It may be useful in cases where compensation is inappropriate because, for instance, the claimant has not yet suffered any financial loss, or where some point of principle is involved....

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Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

ET3 grounds for resisting claim—religion or belief: direct or indirect discrimination, harassment

ET3 grounds for resisting claim—religion or belief: direct or indirect discrimination, harassment [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. 2 It is admitted that on or about [insert date], the Respondent announced the introduction of a new rolling shift system which would require all poultry processors to work on Sunday one week in every four and that the Claimant objected to the new system on the basis that she attends religious services every Sunday. It is admitted that the Respondent has implemented the new shift system. 3 The new shift system was a proportionate means of achieving a legitimate aim. The Respondent had to introduce Sunday working in order to ensure that its poultry business remained profitable and to avoid closing down that part of its operations. A questionnaire circulated amongst employees on or about [insert date] revealed that very few wanted to volunteer for Sunday shifts for a variety of reasons including family and other...

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Where can I find information relating to FCA perimeter issues?

Where can I find information relating to FCA perimeter issues? The FCA's Perimeter Guidance manual (PERG) provides guidance about the circumstances in which authorisation is required, or exempt person status is available, including guidance on the activities which are regulated under the Financial Services and Markets Act 2000 (the Act) and the exclusions which are available. Application of the Perimeter Guidance manual (PERG) PERG applies to: • a person who is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether he/she needs to be an authorised person • a person who seeks to become an authorised person under the Act and who is, or is considering, applying for Part 4A permission to carry on regulated activities in the United Kingdom • a person who is seeking guidance on whether any communication he/she may be seeking to make or cause to be made will be a financial promotion and be subject to the restriction...

Is it acceptable for a liquidator and the only creditor in an insolvency situation to be represented by the same solicitor? Or is this a conflict?

Is it acceptable for a liquidator and the only creditor in an insolvency situation to be represented by the same solicitor? Or is this a conflict? Both insolvency practitioners (IPs) and solicitors are members of professions that are governed by separate ethics codes. Both IPs and solicitors, before accepting an appointment or an instruction, should carry out documented procedures to ensure that there would not be a conflict of interest or breach of their ethics code in accepting the appointment or instruction. The question does not specify whether the conflict concerned would be for the solicitor or the IP and although both issues are considered, this answer deals primarily with the IP and whether the IP would have a conflict of interest. The insolvency ethics code sets out a framework approach that is to be followed in all cases to establish whether there is a conflict of interest. The IP should first of all assess whether there are any threats to the fundamental principles of integrity,...

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Marsh blamed for US$143m loss on Greensill as trial opens

Law360, London: The investment firm White Oak said it would never have invested in a financial scheme set up by now-collapsed Greensill Capital if it had not relied on misleading statements provided by the insurance broker Marsh about its cover, the firm's lawyers said at the opening of an almost US$143m trial on 6 May 2025.

Environmental enforcement round-up—9 May 2025

A round-up of the latest environmental enforcement, including civil penalties issued to two farmers for unauthorized river engineering works in Scotland, and the prosecution of a man for operating an illegal waste site in Lincolnshire.

View the latest UK Parliament Acts documents on Conduct

95 Circumstances in which an employee is dismissed

(1)     For the purposes of this Part an employee is dismissed by his employer if (and, subject to subsection (2) . . ., only if)—(a)     the contract under which he is employed is terminated by the employer (whether with or without notice),(b)     he is employed under a contract for a fixed term and that term expires without being renewed under the same contract, or[(b)     he is employed under a limited-term contract and that contract terminates by virtue of the limiting event without being renewed under the same contract, or](c)     the employee terminates