Eversheds Sutherland LLP (Ireland)

A widow’s claim for damages due to nervous shock following her husband’s death from lung cancer has been dismissed by the High Court. While the decision reaffirms the principles established in Kelly v Hennessey [1995] 3 IR 253, it notably sidesteps the broader issue of determining the duty of care owed to bystanders by healthcare providers, an area recently addressed by UK courts. The plaintiff, who witnessed her husband’s “sudden and frightening” deterioration following a delayed lung cancer diagnosis in October 2018, claimed that her adjustment disorder (a recognised psychiatric illness) was shock-induced by witnessing his condition up until his death in 2019. However, the Court ruled against her based on the well-established legal principles set out in Kelly v Hennessey. Click here to read more: https://lnkd.in/eKVnMVVC For more information, please contact: Emma Meagher Brian Connolly Helen Smith

Extension of Parent’s Leave Entitlement From 1 August 2024, an employee’s parent’s leave entitlement will increase from seven weeks to nine weeks in duration. Employees who have already exhausted their seven weeks parent’s leave entitlement can claim the additional two weeks’ leave if their child is under the age of two on 1 August 2024, or their adopted child has been placed with their family less than two years on 1 August 2024. Parent’s leave entitlement can be availed of by parents of children who are under two years of age and by parents of adopted children once leave is taken within two years of the placement of the child. Parent’s leave can be taken as a continuous nine-week period or in separate periods of not less than one week. While on parent’s leave an employee will be entitled to apply for Parent’s Benefit from the Department of Social Protection, provided that they have made sufficient PRSI contributions. Employers should review their parent’s leave policies to reflect the change that is being introduced on 1 August 2024. For more information, please contact our employment team: Julie Galbraith, Partner & Head of Employment Emma Quinn, Associate

ESMA’s Call for Evidence aims to assess the implementation of the UCITS Eligible Assets Directive (2007/16/EC) (the “EAD”) by EU Member States, and provide recommendations for revisions in line with market developments. The European Commission’s mandate to ESMA, which sets out the scope and expectations of the technical advice, is included in an annex. ESMA’s technical recommendations to the European Commission on potential amendments to the EAD will be guided by the responses to the Call for Evidence. Click here to read the full article: https://lnkd.in/eWnKXWPf For more information, please contact: Trevor Dolan

We were delighted to work on this landmark deal involving an exciting move from EY to their new Dublin headquarters in the Wilton Park office campus. Our team was led by Joseph Stanley along with Cian MacGinley, Alison McSherry and Andre Vermeulen. It was a pleasure to work with Colliers throughout this transaction. Click here to read more: https://lnkd.in/eMPJXTCP

The Auto Enrolment Act was passed by both Houses of the Oireachtas on 3 July 2024 and was signed into law by President Higgins on 9 July 2024.   Since our last briefing, a total of 88 amendments have been made to the Act as part of its final passage through the Oireachtas. This sounds much more exciting than it is. The amendments were all on technical points.   Of more note is the Government’s press release. This confirmed the selection of Tata Consultancy Services (TCS) as the administration services provider to the AE system. TCS’s experience in administering the UK’s National Employment Savings Trust (NEST) was cited as a key factor in its appointment.    Seasoned observers will note the timescale it took to bring NEST from commencement to full operational capability, and they may also consider it significant that the press release states that “the first enrolments [are] set to happen in 2025”, rather than January 2025 as heretofore.   Click here to read more: https://lnkd.in/ejydUAhk   For more information, please contact:   Peter Fahy David McKeating Jane McKeever

Today the EU AI Act has been published in the Official Journal of the EU and will formally apply from 1 August 2024, starting the final countdown for compliance. In this Flash update, Nils Müller, Olaf van Haperen, Robbert Santifort and Jannick Thonemann outline the timeline for implementation and the key actions businesses should take.   #AI #ArtificialIntelligence #EUAIAct

We were pleased to advise existing clients MML Ireland together with its fellow shareholders on the sale of its stake in EES - Eastland Engineering Supply Co Ltd Engineering Supply Co, a leading Maintenance, Repair and Overhaul integrated supply chain provider with a blue-chip client base to Vallen Distribution Inc, a portfolio company of Nautic Partners.   Our team originally assisted MML on their investment into EES Limited in 2019 and again evidences our private equity team’s expertise in supporting our private equity clients on their growth company investments.    The deal was led by Gavin O'Flaherty and Maria O'Brien, partners in our corporate team with assistance from Ribhu Mukherjee, Sean Bell and Alison Beggs (Corporate), Sean Canavan (Property), Robert Potter-Cogan and Piaras Power (Banking) and Sean Ryan and Aleksandra Pruska (Competition) and Alan Connell, Andre Vermeulen and Laura Ellen Ford, ACA, CTA (Tax), and Julie Galbraith (Employment).

Today marks 43 Days to Go until the 2024 Aer Lingus College Football Classic kicks off! Join us in supporting current Irish Punter David Shanahan, who wears number #43 for Georgia Institute of Technology. This August, Shanahan will be gearing up to launch his senior season from Dublin with the Yellow Jackets, which promises to be a special moment for the Kerry man. 🏈 #MuchMoreThanAGame | #TouchdownDublin

On 11 July 2024, the CBI announced that it would implement all of the recommendations in the independent review of the CBI’s fitness & probity regime, that was carried out by Andrea Enria, former Chair of the ECB Supervisory Board. Mr Enria’s report of his independent review was published on the same day. The Enria Report identified 12 recommendations for improvements. The 12 recommendations are under the separate headings of clarity of supervisory expectations; internal governance of the process; fairness, efficiency and transparency of the process. The following article sets out a brief summary of the key points in these recommendations. Click here to read the article: https://lnkd.in/enwqS8mr For more information, please contact: Ciaran Walker Enda Newton Trevor Dolan Piaras Power 

Yesterday, Julie Galbraith, Partner in Employment, featured on The Pat Kenny Show with Jonathan Healy to discuss the right to disconnect from work. In this segment, Julie discusses how employers and employees should plan for annual leave to ensure staff get a break from work over the summer months and advises that companies have the appropriate annual leave and right to disconnect policies in place.    Click here to listen to the full interview: https://lnkd.in/eDCWZYvQ