Welcome to the second Spring issue of LOOP

Hello from the Leman Solicitors team, we hope you enjoyed the St Patrick's Day festivities and are all keeping well. Despite these challenging times in good news at Leman we were thrilled to be recognised at the 2021 Great Place to Work Ireland awards, which took place virtually earlier this month.  

This is our fourth year to be named as a top Irish workplace, moving up the rankings list yet again in the Best Small Workplace category to 16th, and we are the only law firm in Ireland to be listed in any category. We are very proud of the hard work done by our GPTW committee and congratulations to all the winners and nominees!


Today we officially launch Leman's annual Leman Challenge, which will take place virtually in line with current restrictions. We are planning to run, walk, cycle, swim or hike 40,000km over the next 11 weeks in our 'Around the World in 80 Days' challenge, in order to raise much needed funds for four incredible mental health charities: Pieta, Dublin Samaritans, Aware and SpunOut.ie.

All donations no matter how small are greatly appreciated by the teams, you can find out more here. You can also follow all our firm news and updates on our social media channels, LinkedIn, Facebook, Twitter and Instagram

In this issue we have some interesting articles from our Real Estate, Employment, Litigation and Corporate solicitors that we hope you will enjoy,

Have a great week,

The Leman Solicitors team


"A cautionary tale of unforeseen consequences" 
Sheila Spokes
In a recent High Court judgement, Justice Allen refused an injunction application by a former cabin crew member, Lorcan Delaney (the “Employee”), against his former employer, Aer Lingus (Ireland) Limited (the “Employer”). The Employee was... Read more
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Remote Working - A Legal Right on the Horizon 
Bláthnaid Evans
Check out this useful article by HRLegal on the proposed National Remote Work Strategy and what potential HR challenges may lie ahead.  HRLegal regularly advises employers on how to comply with legal developments. For further information on... Read more
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The Affordable Housing Bill 2020
Aoife O'Dea
It is not surprising that house prices are on the rise at a time when people are spending more time at home than ever before. The growing issue, however, is that here in Ireland, we were already amid a housing crisis even before the pandemic hit.... Read more
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Strategic Housing Development - what benefit could the Judicial Review procedure give?
Maria Edgeworth 
Where an application is made to An Bord Pleanála (“ABP”) for permission to construct a Strategic Housing Development (“SHD”), ABP is under no obligation to provide a grant with conditions in the first instance and may simply opt to refuse the... Read more

Norwegian Air Examinership: The Big Question...
Ronan McGoldrick 
Assuming the Court will extend the Norwegian Air Examinership for another 50 days, the billion dollar Big Question remains: will Norwegian be permitted by the Court to hand back 36 aircraft to their owners? It is the biggest question in this... Read more
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Challenging the legality of the Construction Lockdown 
David Heatley 
On 5 March 2021 Mr Justice Charles Meenan heard an ex parte application for judicial review brought by Blue Whisp Limited against the Minister for Health. The application by Blue Whisp Limited, part of the Oakmount Group which is developing an... Read more
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Construction Update: High Court precedent 
Recent news of multidisciplinary engineering contractor Keating Construction going into liquidation will surely act as a reminder that cash is king in construction. That is why adjudication as a form of dispute resolution is increasingly used by... Read more
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Leman Cyber Update: Ransomware Explained
Stephen Noel O'Connor
Cybercrime is increasing and ransomware is the most prominent type of cyber-attack. What is ransomware? Why you would or shouldn't pay it? Is it legal to pay a ransom? How to you protect against it? What should you do if the victim of it? Check... Read more
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The Perils of Hacking: First Criminal Charge Under New Cyber Crime Legislation
The Criminal Justice (Offences Relating to Information Systems) Act 2017 (the Act) came into force on 12 June 2017 yet David Young is the first person to be charged under the legislation. He is 28 years old and from Cork. He is charged of... Read more
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Concurrent Wrongdoers - Why Do I Have To Foot The Bill?
Jill Quigley 
Is it fair that if you are found to be 1% liable in a claim, the Plaintiff can still come after you for 100% of the bill? Where judgment is given against concurrent wrongdoers in proceedings, each concurrent wrongdoer is liable for the whole... Read more
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How does Irish horse racing restore its reputation?
Morgan Crowe 
At a hearing today the Irish Horse Racing Board (IHRB) Referrals Committee considered evidence of how an image of horseracing trainer Gordon Elliott sitting on a dead horse may have breached its rules.  The committee decided to ban Elliott... Read more
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A Sigh of Relief: Positive News for Irish Businesses after High Court Ruling
Elaine White
What is the latest update?  The High Court’s ruling will allow a number of hard hit business owners to breathe a sigh of a relief as their business interruption insurance has been found to provide cover for their financial losses stemming... Read more
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At Long Last - Rejuvenation of Ireland's Liquor Laws
In recent days there has been mounting speculation around reforms to Ireland’s liquor licensing laws. Minister for Justice Helen McEntee is seeking to modernise Ireland’s outdated licensing laws partly as a means of allowing the hard-hit... Read more
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Startups - time to play it SAFE?
Kristofer O'Shea 
There is a new cost-effective funding mechanism for startups gaining traction in Ireland at present. It is the simple agreement for future equity (“SAFE”) instrument. The SAFE instrument is a pro-forma instrument which provides an investor with a... Read more
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Update on EU Regulation of Cryptoassets 
Simon Deane-Johns
The EU Parliament's Economic and Monetary Affairs Committee has recommended changes to the proposed Regulation for markets in cryptoassets. Most of the changes are to do with thresholds for notifying changes in ownership of regulated firms and... Read more
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EBA Updates Guidelines on Customer Due Diligence 
The European Banking Authority has published its revised guidelines on customer due diligence ('CDD') and the factors to be considered when assessing the risk of money laundering and terrorist financing under the 4th and 5th Money Laundering... Read more
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