New Source of Funding to Improve your Business Supports for Irish Enterprise Enterprise Ireland (“EI”) offers a range of grant funding to Irish enterprises. These include grants for feasibility studies, research and development and assistance to SMEs in the retail sector in developing a more competitive online offering. Operation Transformation EI’s latest programme known as

Passing a Business on to the Next Generation? Four Questions can Avoid a Gift Becoming a Curse   Introduction The transfer of a family business from one generation to the next has the potential to create tension and conflict. Business owners and the next generation need to plan ahead develop a family constitution. Paul Keane

Collateral Warranties – an Overview Construction has returned and with each construction project comes a suite of construction documents. One of these documents is a Collateral Warranty and in this article we will provide an overview of the purpose of the Collateral Warranty and some points to look out for when reviewing a draft. What

Are You Really My Friend? Are you really my friend? A judge should not decide cases where his or her impartiality is affected or appears to be affected. So where a friend is involved, a judge should recuse himself. Does this apply to Facebook friends? This is the issue recently decided by the Cour de

Is a Full Title Guarantee an Empty Formula? Dev  Eamon de Valera famously called the Oath of Allegiance to the British crown an empty formula.  Can another construct of our neighbours law, when used here, be similarly dismissed? A British Term It is not uncommon to find in Irish agreements for the sale of goods

EU Competition Law and Distribution Agreements – Part 2 In Part 1 of this two-part series (Part 1), we discussed:- Article 101(1) of the Treaty on the Functioning of the European Union (“TFEU”); The importance of carefully considering whether to proceed with an agency or a distribution agreement; and Block Exemption 330/2010 which provides a

EU Competition Law And Distribution Agreements – Part 1 EU legislation, under Article 101(1) of the Treaty on the Functioning of the European Union (“TFEU”), prohibits:- “all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Members States and which have as their object or effect the prevention,

Merger Control – What You Need To Know Some mergers and acquisitions must be notified to the Competition and Consumer Protection Commission (“CCPC”).  In this article, we look at the notification process under the Competition Act, 2002. Why is it important?A merger or acquisition which is notifiable and put into effect without clearance is void.

The Sunday Business Post – Getting Ahead: My Story So Far This article appeared in The Sunday Business Post, Money Plus 19 June 2016. Each week we profile one of Ireland’s foremost corporate leaders, tracing their career to date and the lessons they have learned along the way.  This week, we meet Paul Keane of

Reddy Charlton goes Paper Lite Solicitor firms are slow to embrace change.  We cling to the comfort of our paper files and quite often are hesitant to maximise the benefits of ever advancing technology. Reddy Charlton was founded over one hundred years ago but our long heritage has not prevented us from adapting with the

SMEs and Public Procurement – General Overview GENERAL OVERVIEW This is the first in a four part series of articles discussing the rules governing public procurement with a particular focus on how these rules affect SMEs.   What is public procurement? Public procurement is the acquisition, whether under formal contract or not, of works, supplies

Nasdaq First North – New Source of investment for Irish Business In March 2018, Reddy Charlton assisted Zutec raise €5 million on Nasdaq First North – the first Irish business to do so. The Stockholm market has an appetite for smaller companies who want to raise between €5 and 10 million. Paul Keane, Managing Partner, Reddy Charlton and Honorary Consul General

Paul Keane ar Raidió na Life Roghnaigh an nasc thíos le hagallamh a rinne Paul Keane ar Raidió na Life le déanaí a chloisteáil.  Bhí Paul ag labhairt faoi na dualgaisí atá ar stiúrthóirí cuideachtaí de réir Acht um Chuideachtaí 2014.  Is é seo an chéad cuid de sraith agallaimh atá á chuir ar fáil

Company Bee — Paul Keane profiled in the Law Society Gazette Paul Keane, bee keeper, classic car enthusiast and above all passionate about the law. In the July issue of Law Society Gazette, Keane discusses the work of the Business Law Committee, of which he is chair, its extensive programme of education on the mammoth new

Major European Initiative on Contract Law Opportunity for Reform in Ireland Downloads Major European Initiative on Contract Law Opportunity for Reform in Ireland (PDF, 1.27 MB)

New Companies Law — The Essentials This note sets out a summary of some of the key changes in company law that came into effect on 1 June 2015 that may be of relevance to you. You will need to take specific advice on how the legislation affects you and your business. Focus on the

Paul Keane (Reddy Charlton) and Neil Keenan (LKG Solicitors) dissect the Companies Act 2014 (Law Society Gazette). The Companies Act 2014 — comprising nearly 1,500 sections — is the largest piece of legislation ever passed by the Oireachtas. In the first of a series, Paul Keane and Neil Keenan start dissecting the mammoth. Download the article to read more.

Paul Keane on the Companies Act – Morning Ireland and RTE News (5 June 2015) The new Companies Act, which is the largest piece of legislation in the history of the state, came into force on 1 June 2015.  The new act is designed to simplify matters as 30 pieces of legislation are being distilled

EU Concessions Directive As set out in our recent article, three new Public Procurement Directives will be transposed into national law by April 2016. We analysed the welcome guidance for SMEs in Circular 10/2014 which is in line with the new Procurement Directives (at this link).  The purpose of this article is to focus on

Lawyers Beware! Communications between a solicitor and their client for the purpose of seeking or giving legal advice or for the purposes of litigation are usually privileged.  Legal advice privilege or litigation privilege may be lost in a number of circumstances, for example, if it used to conceal and further crime or fraud.  It is

New Companies Law — What you need to know After 15 years of preparation, consultation and revision, a comprehensive new Companies Act was enacted on 23 December 2014.  With about 1,500 sections, this is the largest piece of legislation ever enacted by the Oireachtas.  It is expected that the bulk of the legislation will become

LSE Alumni at Reddy Charlton he inaugural general meeting of the LSE Alumni Association of Ireland took place on Thursday 27 February 2014 at the offices of Reddy Charlton. The London School of Economics and Political Science (LSE) is one of the leading British Universities.  There has been a long tradition of Irish students, at

GAA New Nine Million Euro Facility in Blanchardstown The sod has been turned on the new facility of the GAA at the National Sports Campus at Abbottstown in Blanchardstown. The project, with a budget of nine million euro, will consist of four full sized, flood-lit pitches and a smaller training pitch. One of the full

Download the article “Pipped at the Post” (PDF 1.1MB) by Paul Keane, from the Law Society Gazette May 2013.

An mBaineann Cúaraimí Rúndachta an Proifisiúnach Leis an gCliant Amháin Is bun-phrionsabail í an rúndacht i gcleachta an dlí agus réimse proifisiúin eile.  Tá sé in-tuigthe idir cliant agus proifisiúnach go gcaithfear le haon eolas a thugann an cliant mar rún naofa. Ach cén athrú a thagann ar an gceist nuair a thugann an cliant

Demystifying The Companies Act This is the text of a paper given by Paul Keane to the Annual Conference of the Law Society of Ireland on 10 May 2013 INTRODUCTION The Companies Bill is the largest piece of legislation ever introduced to the Oireachtas.  There is a danger that solicitors will recoil from the task

Is a Professional’s Duty of Confidentiality Only To The Client? It is at the heart of the solicitors’ and other professionals’ practice that confidentiality be maintained in relation to information imparted by the client.  Such an obligation is implied in the contract between the professional and the client. But what of a situation where a

ECL proposal presents challenges- Is it worth it? (French) View article

Common European Sales Law represents both a Challenge and an Opportunity View Document This article was published in the Law Society Gazette in November 2012

Riding on the Crest of Sponsors Waves’ – Part 3 Protecting the Five Olympic Rings ADDITIONAL LEGAL PROTECTION INTRODUCED Legislation has been put in place in the UK ahead of the 2012 London Olympic Games and further regulations are currently in the process of being implemented in an effort to curb Ambush Marketing. It is

Obamacare – A Glimpse of the Future in Ireland The decision of the United States Supreme Court to uphold the Affordable Care Act signals another step towards the introduction of a universal health care programme for all US citizens.  The economic and commercial implications of this are of great interest for Ireland, where a similar

Employee Shares Schemes – An Update Employee Share Schemes In the current economic climate many employers are looking at non-remuneration- based incentives that have a low cost and give some additional incentive and benefits to employees to participate in the company. Employee Share Schemes would fall into these categories of incentives. Employee Share Ownership Trusts

Féimheacht, an tacht um an dlí sibhialta (Forálacha Ilghnéitheacha) 2011 agus Todhchaí na Féimheachta in Éirinn Tháining an tAcht um Dlí Sibhialta (Forálacha Ilghnéitheacha) 2011 i bhfeidhm ar an 10ú Deireadh Fómhair 2011 de bhun Rialachán na gComhphobal Eorpach (Dócmhainneacht Phearsanta), 2002 (I.R. Uimhir 334 de 2002) agus téarmaí chonradh AE/CIA. Is é an t-athrú

Paul Keane on RTE Radio Paul Keane was interviewed on RTE’s Derek Mooney show in relation to his role as Honorary Consul General of Sweden and the Sancta Lucia concert. At the end of the interview there is a delightful piece of music.

Ignore your sponsor at your peril A recent high profile decision by the England and Wales Court of Appeal has shed light on what amounts to a repudiatory breach of contract and for how long the innocent party can wait before terminating the contract lawfully. Background to the Case Formula One racing team owners, Spyker

Swedish Defence attaché visits no 12 On Monday 8 November 2010 the Swedish Defence Attaché to Ireland Lt Col Jorgen Forsberg visited the Consulate General in Dublin. Lt Col Forsberg’s main purpose in visiting Dublin was to attend the 50th anniversary of the Niembi Ambush. In the Niembi Ambush Irish soldiers were killed while serving

Invitation to Lecture by Paul Keane on European Contract Law Un droit européen des contrats: un ríave ou un cauchemar Presentation by Paul Keane, Managing Partner of Reddy Charlton and a graduate of the Diploma in Legal French The European Contract Law proposal presents significant political, legal and linguistic challenges. Is it worth the effort?

Riding on the Crest of Sponsor’s Waves’ – Part 2 Ambush Marketing in the World Cup- Counter-insurgency measures! The Fédération Internationale de Football Association (FIFA) have vigorously tackled the problem of ambush marketing prior to and during the 2010 South Africa Football World Cup. TRADE MARK REGISTRATION FIFA embarked on an extensive mark registration programme

Riding on the Crest of Sponsor’s Waves’ – Part 1 Instalment of ‘Ambush Marketing’ If your company is sponsoring a sporting, musical, cultural or other type of event, then you must ensure that the Sponsorship Agreement in place makes adequate provision for the possibility of Ambush Marketing… If you are the organiser of the event

Examinership Successful The High Court today approved the scheme of arrangement for Bestseller Retail Ireland Limited (In Examination), a leading retailer in Ireland and a client of Reddy Charlton . One of our retail clients, Bestseller Retail Ireland Limited is the company behind a number of well-known clothing stores around the country, including Vera Moda and Jack & Jones.

Can They Take Your pension There is a general assumption that, while other assets may be accessed by creditors, a pension is safe. This assumption is unsound. PENSION IS AN ITEM OF PROPERTY A pension is an asset of a member like any other asset. The law treats it as a present right to a

Getting to Know Your Client Better Criminal Justice (Money Laundering and Terrorist Financing) Bill, Businesses must have a better understanding of their clients and their transactions to comply with proposed legislation.  The bill will give effect to the Third Money Laundering EU Directive 2005/60/EC and was published by the Minister for Justice in July of

Reliance On and Loss of Guarantees in Examinerships It has become common place that directors give personal guarantees for companies.  As more and more companies enter into examinership both creditors and guarantors need to be aware of their exposure to and the limitations of these guarantees. RELIANCE ON GUARANTEES Examinership will not automatically prohibit a

Ten Commandments of Good Corporate Governance, Protect Your Reputation and Assets Paul Keane pkeane@reddycharlton.ie BACKGROUND Limited liability but directors can be liable:- General legislation Fiduciary duties Duties of care and skill Company legislation GENERAL LEGISLATION Tax Consumer legislation Employment law Environmental law Sector specific regulation WHEN? Connivance with/consent to breaches Negligence in ensuring compliance FIDUCIARY

Draft Consumer Guidelines on Price Discount Advertising Price discounting as a response to the economic downturn. Many retailers are seeking to grab their share of the consumer spend by offering heavy price discounting prior to Christmas. There is a danger that retailers in their enthusiasm to attract customers may overstep the mark and fall foul

Fixed Price Contracts and the Allure of Design and Build Downloads Fixed price contracts and the allure of design and build (PDF, 2.34 MB)

Contractual Relations in Design and Construction Downloads Contractual Relations in Design and Construction (PDF, 1.66 MB)