Cosgrove Gaynard Solicitors

An influencer agreement must include all the terms and conditions agreed upon by both parties. When acting for either side on an influencer agreement, we always flag to our client that each agreement is different depending on circumstances but once we have details of the core content agreed , we can create the agreement for review with the following key provisions always recommended as included:

Under the proposed regulations, Crypto Asset Service Providers, referred to as CASPs , will require authorisation to operate in Europe. The definition of CASP will cover businesses advising and managing crypto assets, exchanges, trading platforms and custodians to name some examples. Overall the effect will be that any business providing crypto asset services to third parties will be subject to the regulations.

We at Cosgrove Gaynard Solicitors have extensive experience in the area and structure, negotiate and draft contracts and agreements for all aspects of social media law for influencers including: Influencer Agreements ...

We are delighted to confirm we are finalists in two categories for the Dye & Durham Irish Law Awards 2022

Cosgrove Gaynard Solicitors were delighted to be involved in a recent case for a private client in the High Court, in which we sought a Norwich Pharmacal Order to direct Coinbase Europe Limited to hand over details of an account/account holder who may be connected with stolen bitcoin.

Awards: Fintech Law firm of the year in Ireland 2022

Crypto regulations Ireland and the EU - update. The law around cryptocurrency may change again, with a set of compromises to the original MiCA legislation announced by the European Union on the 28th of February 2022.

A Norwich Pharmacal Order is a legal order that is used to compel an innocent third party to disclose information about another party who is involved in some form of malfeasance. Norwich Pharmacal Orders are becoming a common legal tactic to stifle online trolls on social media, as well as trace anonymous individuals online

If you are a VASP in Ireland, you will need to register with the Central Bank for AML/CFT purposes. If you are a firm that is not established in Ireland, or you are not conducting business as a VASP before the 2021 Act was brought in, then you must be registered with the Central Bank before any services commence. As part of the regulation of VASPs with the Central Bank of Ireland, individuals holding pre-approval controlled functions within a VASP must be approved under the latest fitness and probity regime of the Central Bank.

Digital inheritance is a new term that is becoming more widespread across the globe in relation to the transfer of digital assets in a broad sense. There is a completely new "digital asset" that has been created in terms of cryptocurrencies and therefore with that, inheritance queries follow.

Any investment firm that provides services relating to investment for third party clients or handles investment activities relating to certain financial institutions could fall under the MiFID scope and therefore require authorisation from the Central Bank of Ireland.

Ireland has slowly but surely established itself as an alluring destination for businesses in the Fintech sector.‍ From a solid regulatory framework to an advanced financial services ecosystem, Ireland’s financial technology sector is booming right now and is home to a surprising number of reputable domestic and international payment institutions. Let's take a closer look at the reasons behind this below.‍

There are a number of common issues that arise in the purchase of commercial property in Ireland whether it be by auction or private treaty. We set out these issues below for consideration.

When a business fails, for whatever reason, the liquidation of the company should not be the only option considered. There is another option to be considered called examinership.

Remortgaging is the process of moving your mortgage to a new lender from your existing lender. People may choose to remortgage for various reasons, including to pay off other debts, to reduce monthly payments, or even to pay off the mortgage earlier. This article will guide you through the legal process of remortgaging and how you can go about doing it.

The Minister for Trade, Promotion, Digital and Company Regulation, yesterday announced government approval for the priority drafting of the Companies (Small Company Administrative Rescue Process and Miscellaneous Provisions) Bill 2021. The Bill amends the Companies Act 2014 by providing for a simplified restructuring process referred to as SCARP (small company administrative rescue process) for small and micro companies.

Mortgage documentation explained. If you are buying a property and seeking finance, there are certain documents that will be required by your bank.‍ Once you are sale agreed on your property and have instructed your solicitor, you will need to inform your bank or lending institution of your solicitor’s details so that the bank can issue your loan offer and loan pack to them.

FAQ'S on the recently enacted VASP registration process with the Central Bank‍. Further to our recent article on the registration process, we have set out a number of replies to frequently asked questions that are arising from both current and new virtual asset service providers in Ireland.‍

The Central Bank of Ireland is the authority responsible for the regulation and supervision across all financial sectors in Ireland. The relevant legislation is the European Communities (Electronic Money) Regulations 2011 which transposed the E-Money Directive into Irish law. At Cosgrove Gaynard, our expert team assist and guide our clients through this complex application process to obtain an e-money licence in Ireland. If you are considering Ireland as a destination to establish an e-money institution, please contact us for further information and to discuss further.

New guidelines have been introduced for Personal Injury claims in Ireland. See our article below which sets out the practical implications of when the new guidelines come into effect and how they may affect your personal injury claim.

The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 was enacted on the 23rd April 2021. This piece of legislation transposed the EUs Fifth Anti-Money Laundering Directive (5AMLD) into Irish law. In terms of virtual asset service providers, more commonly referred to as VASP's, this means that they are now required to comply with Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT)obligations and must register with the Central Bank.

Non-fungible tokens (NFTs) are really taking off in mainstream markets. An NFT is, essentially, a digital collectible. They can represent things, like real-world assets, or they can be things in themselves, like music or art. Their value comes from the fact that they are digitally unique. They exist on a blockchain and, whilst music as an example can be downloaded by anyone, an NFT is explicitly recorded as having a single owner.

Planning injunctions. We at Cosgrove Gaynard Solicitors have been involved in many such applications on behalf of clients. In addition, we have recently succeeded in having an interim order removed in circumstances where it was preventing our clients from completing a development to their property for an inordinate amount of time.

A smart contract is a legally binding contract that automatically executes some or all of its obligations via a computer program. In this blog, we look at smart contracts and consider how they fit into Irish law.

The rule effectively states that local authorities may not serve enforcement notices for an unauthorised development after seven years since the commencement of the development. The best way to describe this is that whilst proceedings cannot be taken regarding the development, it is still a blip on title as the proper planning permission was not obtained.

The Help to Buy scheme was created to support first-time property buyers in buying a new property as their principal residence. It is becoming increasing common for developers to accept a booking deposit along with the HTB funds as the balance deposit.

Mr Justice Denis McDonald ruled in the High Court this morning that FBD Insurance are to compensate the policyholders who took court action following FBD’s refusal to provide indemnity under their policy of insurance regarding business disruption cover.

The recent rise in GameStop’s value had nothing to do with the company itself. Instead, it came about as a result of a small group of dedicated speculators in a Reddit subforum called “WallStreetBets”. These people consciously planned to buy up GameStop stocks in order to boost the value because hedge funds like Melvin Capital, which had invested a significant amount of capital in financial instruments which only rise in value when GameStop’s value declines

If you want to sell your house quickly, there are a number of items you can prepare, prior to going sale agreed, which will speed matters up substantially.

A recent decision of the UK Supreme Court means many policy holders in the UK will now be able to recover losses for business interruption caused by the Covid 19 pandemic.

As part of the Digital Finance Package released regarding cryptocurrencies in Europe ,it is proposed to regulate crypto assets and markets in crypto assets (MiCA) and to provide definitions of crypto assets and token subcategories. It will also set out rules for digital asset custody and capital requirements.

Examinership is a legal process coming under increasing attention over the last several years, as the media noted a marked rise in the number of businesses seeking it. But what exactly is examinership? Is it right for your business? And what are the risks you need to know about? Here is your guide to examinership - a detailed view of what you need to know.

Cosgrove Gaynard examine a number of FAQ's on legal matters and Covid 19 including property law queries, employment law queries, insolvency and restructing, and examinership.

Covid 19 - we are open for business and we are here to help you

If you have encountered social media defamation that has harmed your standing,either personally or professionally, then contact us immediately. Social media defamation contains a broad spectrum of issues and contributing factors, and so it is essential that you seek some expert help from solicitors with experience in this area, to help you understand your case and your likelihood of successful litigation.

Why a shareholders agreement is a must!

Cosgrove Gaynard Solicitors win Sole Principal of the year 2019

Irish law awards 2019

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Cosgrove Gaynard Solicitors set out what your rights are to take a personal injuries claim if you have been injured in the course of air travel.

A further regulation called the ePrivacy Regulation is being proposed to come into effect next year to further protect privacy in regard to electronic communications.

Landmark case for the inheritance of social media pages and other digital assets.

It is really not for the SEC to determine whether tokens are security; this is to be determined by legislation or for the courts to determine. To date no court has determined whether or not tokens are deemed to be securities. That said it is clear that the SEC has interpreted the matter and are finding tokens to be securities. There is a case currently ongoing in New York which may however become the first court in the world to rule on whether or not tokens are deemed to be securities.

Initial Coin Offerings (ICO's) are not just for technology companies . They are often the beginning of a digital revolution for existing Companies which are already established In their field whether it be healthcare, insurance, property or another industry. Despite some bad press, the tightening of regulation in jurisdictions such as in the US, and indeed Facebook and Twitter banning advertisements , money has been pouring into the ICO market with $3 billion raised through ICOs in the first two months of this year. This is half the value of all funds raised throughout 2017, according to Coindesk data.

The division of assets on a divorce is one of the most contentious issues facing both couples and family lawyers. With the advent of digital assets such as cryptocurrencies lawyers are having to consider digital assets and their division in the dissolution of a marriage more and more frequently.

In the context of insolvency, insolvency practitioners now have to deal with a new class of “digital asset” which I expect will cause some difficulty in terms of tracing and identification of assets, particularly taking into mind that there are a number of privacy coins designed to specifically avoid tracking and, indeed, there are crypto exchanges registered outside of EU jurisdictions and therefore avoiding stringent privacy policies which you would expect in this jurisdiction.

In a recent case in the Supreme Court of Israel, the Court held it was unlawful for Leumi Bank (the “Bank”) to restrict the banking activity of a company engaged in cryptocurrency activities. This precedent should signal a warning to other banks thinking of stifling the growth in cryptocurrencies through anticompetitive actions

As cryptocurrencies and their use become more widespread companies are continually developing innovative ways in which to use the underlying blockchain technology. In order to provide funding for these projects companies are offering their own specific crypto tokens and coins to the general public through initial coin offerings or “ICOs”. Due to the popularity the cryptocurrencies generally ICOs are quickly becoming a very lucrative fundraising mechanism. The major advantage to the company running the ICO is they do not have to give up equity in the company in return for capital. At Cosgrove Gaynard we are seeing more and more international clients enquire about ICOs and we are proud to be the preferred legal partner to some every exciting ICOs originating in Ireland in 2018.

The General Data Protection Regulation (“GDPR”) comes into effect on the 25th May 2018. This will affect every business both large and small and so it is essential all organisations ensure they have appropriate policies, procedures and protocols in place.

Todays Irish Independent featuring Cosgrove Gaynard Solicitors

As Ireland re-images itself in the post modern world of tax transparency, it will hopefully be at the forefront in proviing a business friendly regulatory environment for ICO's and cryptocurrencies.

if you are the victim of defamatory material posted online on social media or the internet, the following are the necessary steps to have the material removed immediately:

Cosgrove Gaynard Solicitors are delighted to announce that we are the first Irish Law Firm to accept Bitcoin payment .

Cosgrove Gaynard solicitors were delighted to advise on another recent examinership petition to the High court.

Recent Settlement in Facebook ‘Revenge Porn’ Case

The Property Insider's Guide to the Legal Process: How to Work Efficiently with Your Solicitor - by Susan Cosgrove & Carol Tallon

Once a property has been purchased and keys have been exchanged, the conveyancing process does not end there.

When someone dies the assets of their estate automatically vest in the executor at the date of death. However in order for the property to be distributed to beneficiaries, the executor must apply to the Probate office to take out a Grant of Probate to administer their estate.

Guide to buying a property in Ireland

Buying an apartment in Ireland is not the same as buying a house in Ireland. For a start there is generally a complex legal structure in an apartment development which apartment owners need to understand.

‍Cosgrove Gaynard Solicitors are delighted to announce they have been shortlisted as finalists in the Irish Law Awards 2014 in two categories

Bank of Ireland have announced a new incentive for first time buyers. They are offering 1% of your mortgage amount to cover stamp duty for First time buyers (who plan to live in the property) on mortgages drawndown between the 2nd April and the 30th September 2014. Therefore those who already have loan offers issued but have not yet drawndown funds are still eligible.

Image Magazine – February 2014 featuring Cosgrove Gaynard Solicitors

In a recent judgment from the equality tribunal, it was found that an employer discriminated against an employee on the grounds of race.

The changes to the monetary jurisdictions of the civil courts proposed by Courts and Civil Law (Miscellaneous Provisions) Act 2013 will take effect on 3rd February, 2014.

There are always certain items that can hold up the sale of a property. A purchaser may be waiting on loan approval; selling their own property etc however what can be avoided or at least minimised is delay on the side of the vendor.

Solicitors are prohibited from acting for both a vendor and a purchaser in a conveyancing transaction by law since the 1st January 2013 save for a few limited circumstances. Therefore , even where there is a voluntary transfer of property between family members, separate solicitors must be obtained.

The recent High Court case of BB v AA which was an appeal from the Circuit Court deals with a situation where parents cannot agree on the choice of school for a child.

Cosgrove Gaynard Solicitors are delighted to announce that they will be taking part in the Best Will in the World week from the 21st to the 25th October 2013

Recently we have come across a large number of properties with what Conveyancing Solicitors would call “Planning Issues”.

When parties cannot reach agreement as to the terms by which they will separate, then an application to court is required for a judicial separation.

The Central Bank has today published the revised Code of Conduct on Mortgage Arrears which essentially sets out the framework for mortgage lenders/ banks in dealings with borrowers who are in arrears

To establish a personal injuries* case and obtain compensation for a trip / fall / slip in a shop you must first of all prove that your personal injury* was caused by the negligence of the shop or an agent or employee of the shop. In other words, it must be established that they are responsible for your accident.

Grainne Campbell v Bank of Ireland – Employment Law case update.

Auctions are an increasingly popular mode of sale for residential houses and apartments along with mixed use and commercial properties.

Article in todays Irish Independent regarding planning permission and neighbours consent.

A decision by the High Court to overturn an order made by Wicklow County Council to demolish a premises built without planning permission has been met with some interest .

Two recent cases on the validity of upwards only rent review clauses in commercial leases have been causing considerable waves in the landlord and tenant market.

Pressure is continually increasing for the introduction of legislation to provide for periodic payments in claims involving catastrophic injuries. A working group was set up in 2010 to review this area of law and it reported unanimously in 2010 that legislation was required to allow cases to be settled by way of periodic payments for such catastrophic injuries.

Parents are obviously extremely worried about their childrens crèche facilities in light of last nights primetime programme.

On termination of a lease, a tenant may be served with a schedule of dilapidations. This is essentially a schedule containing details of the tenants breach(es) of its repair obligations contained in the Lease

A child who was 4 years old, was injured in an accident* in creche when she knelt on broken glass which was on the floor of the crèche.

Cosgrove Gaynard Solicitors are delighted to announce we are finalists in TWO categories for the Danske Bank Irish Law Awards 2013 being held on the 3rd May 2013 in the Four Seasons Hotel, Dublin.

The Parental Leave Act 1998, as amended by 2006 (Amendment) Act, provides that parents in Ireland can take parental leave from employment in relation to certain children.

New Jurisdiction Limits for District and Circuit Courts

Cosgrove Gaynard Solicitors have represented many clients who have suffered due to birth injury medical negligence*. There are several types of birth injuries that commonly occur as a result of complications during pregnancy, labour, and child birth

The term Conveyancing is a legal term used to describe the transfer of legal title/ ownership of property from one person to another. In other words Conveyancing is the purchase and sale of a property.

A daughter who was injured* in a car crash when her mother was driving has settled proceedings in the High Court for 5 millon euro. The girl was a passenger in the back seat and suffered a fracture to the skull and a resulting brain injury.

A defamation action taken by Denis O’Brien against The Irish Daily Mail has resulted in damages of €150,000 being awarded against the paper after an article was published accusing him of being a hypocrite.

The High court awarded a pizza delivery man €7,000 in compensation after he sustained an injury* delivering promotional leaflets. The pizza delivery man sued the homeowners of a property in Portobello, Dublin following the incident.

A Garda received €102,000 from the Garda Compensation Scheme for an assault in which he was injured* while trying to arrest a man.

MMR – Medical Negligence? MMR blamed for partially deaf girls disablement

A Guard was awarded €45,000 following an incident* in which his colleague was killed after their patrol car was rammed.

A young boy who suffered a shoulder injury* at birth has had his action settled for €340,000.

A woman who sued a plastic surgeon for damages* over a breast operation settled her High Court action after suffering severe pain and fluid from her wounds following the operation. The implants were subsequently removed and she required treatment in hospital for cellulitis and wound breakdown.

The Advertising Standards Agency in the UK recently cleared a marketing campaign by Mars Chocolate UK which used sponsored tweets in relation to its Snickers brand. It was the first ruling by the UK ad watchdog involving Twitter.