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Results: 1-10 of 15

Supreme Court clarifies scope of discovery

  • A&L Goodbody
  • -
  • Ireland
  • -
  • February 4 2013

The Supreme Court in the case of Thema International Fund Plc v HSBC Institutional Trust Services (Ireland) Ltd & Or 2013 IESC 5, has clarified the

Fairfield Sentry case: Irish implications

  • Mason Hayes & Curran
  • -
  • British Virgin Islands, Ireland
  • -
  • August 24 2012

A recent appeal heard by the Eastern Caribbean Court in respect of the on-going Fairfield BVI litigation is of interest to fund investors in respect of whether or not redemption proceeds lead to unjust enrichment, in circumstances where it subsequently becomes clear that the actual fund value was zero

Refund of Dutch dividend withholding tax for Irish funds?

  • Mason Hayes & Curran
  • -
  • Ireland, Netherlands
  • -
  • April 24 2012

The Court of Appeal of Den Bosch, the Netherlands, awarded a Finnish investment fund a full refund of Dutch dividend tax withheld from dividends it received from investments in Dutch resident entities, in a decision issued on 9 March 2012

Recent developments for the fourth quarter 2011

  • Baker & McKenzie
  • -
  • Canada, China, Denmark, European Union, France, Germany, Ireland, Italy, Japan, Netherlands, Switzerland, United Kingdom, USA
  • -
  • March 15 2012

The end of the year and beginning of a new year is always a busy time for us, as it is for most of our clients

Ireland deemed a more convenient forum for further Madoff litigation

  • Mason Hayes & Curran
  • -
  • Ireland, USA
  • -
  • October 14 2011

In July 2011 U.S. District Judge Paul C. Huck ruled in a U.S. class action suit between foreign investors and Banco Santander S.A. and several other defendants, including PwC Ireland and HSBC Securities Services (Ireland) Limited, that Ireland is a more appropriate forum for the proceedings

High Court upholds a decision of the Financial Services Ombudsman in favour of financial services provider

  • Matheson
  • -
  • Ireland
  • -
  • October 7 2011

The High Court recently upheld a decision of the Financial Services Ombudsman (the “FSO”) in relation to a complaint against Bloxham Stockbrokers, who were a notice party to the appeal brought by the complainant, John Caffrey

High Court clarifies the standard of review of Financial Services Ombudsman procedure in dealing with complaints

  • Matheson
  • -
  • Ireland
  • -
  • September 20 2011

The High Court (the “Court”) has reiterated that an appeal against a decision of the Financial Services Ombudsman (the “FSO”) is not a new hearing of a complaint but rather involves a review of the FSO’s decision making procedure

Supreme Court appeal for Commercial Court funds ruling

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • April 19 2011

The decision of the Irish Commercial Court issued on 10 January 2011 regarding the obligation for a depository to account directly to investors in a UCITS is being appealed to the Irish Supreme Court

High Court upholds Financial Services Ombudsman finding and clarifies its role in hearing appeals from decisions of the FSO

  • Matheson
  • -
  • Ireland
  • -
  • April 11 2011

The High Court has confirmed, in the recent case of Caledonian Life v Financial Services Ombudsman, that an appeal against a finding of the Financial Services Ombudsman (the "FSO") is not a de novo hearing of the original complaint but rather a review of the FSO's decision making procedure

Interim ruling on hedge fund fraud case

  • Matheson
  • -
  • Ireland
  • -
  • April 4 2011

In the fund litigation case of Headstart v Citco, Nexus and RMF, Justice Clarke, who is also case managing the fund litigation in Ireland arising out of the Madoff affair, was asked to consider the classic situation of property ownership as between one innocent party who has been wrongly deprived of its property and another innocent party into whose hands the property has come, in the context of a fraudulent hedge fund transaction

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