John Fitzgerald - Partner
John previously worked in the firm's Commercial Property and Banking Departments prior to moving to Commercial Litigation and Corporate Recovery/Insolvency. His experience of complex property and secured lending transactions acting for all parties provides a useful insight in addressing difficulties that arise commonly in much of the commercial litigation and insolvency proceedings before the Courts at the moment. John acts for banks, their appointed receivers, companies and their directors, unsecured creditors and insolvency practitioners generally in relation to all aspects of commercial litigation and corporate restructuring and insolvency.
Key transaction experience
Recently John has been the lead insolvency advisor on:
- The Enforcement of security relating to loans against consortia of investors in 4 nursing homes, and the receiver and manager on appointment to a third party operator in relation to asset sales and competing creditor claims.
- Advising the secured lender on its enforcement options in relation to loans to the shareholders of a major private hospital.
- Advising and implementing an enforcement strategy including the appointment of a receiver and manager over a major supermarket and other assets of the borrowers, the sale of the business as a going concern and advice on dealing with multiple third party claims.
- Enforcement advice to the Bank and its appointed receiver in relation to a portfolio of investment properties including the application for an interim injunction required where the receiver's appointment was met with aggressive physical resistance.
- Advising secured lenders in relation to the merits of legal challenges to alleged fraudulent dispositions.
- Advising secured lenders on the terms of numerous settlement agreements with borrowers/guarantors and the taking of new security as part of these agreements.
- Advising receivers in relation to s.316 applications for directions and on injunction applications relating to challenges to their appointment.
- Advising liquidators in relation to litigation relating to pre liquidation debtors and to claims of third parties in the liquidation.
- Advising the secured lenders of hotel and other capital allowance driven transactions where the investors’ loan facilities are in default.
- The liquidators of construction companies in relation to pursuing pre liquidation debts.
- Receivers and Managers of development and construction companies.
- Manufacturers and retailers in relation to the breach of contract and insolvency of their trade creditors.
- Advising the Official Liquidator of Failte Travel Limited (In Liquidation).
- Advising the landlord of a unit where the Linen Supply of Ireland Limited (In Examinership) was the tenant.
John also advises in relation to specific performance actions, actions in relation to landlord & tenant and other property related disputes, and breach of contract/negligence actions. In addition he advises directors generally in relation to their rights and obligations under the Companies Acts and otherwise.
- Bachelor of Business & Legal Studies (BBLS) (Hons) - University College Dublin, 1995
- LLM (Commercial) - University College Dublin, 2001
- Diploma in Insolvency and Corporate Restructuring - The Law Society of Ireland, 2010
- The Law Society of Ireland.
- Dublin Solicitors Bar Association.
- The Irish Society of Insolvency Practitioners.
- INSOL Europe.
John Fitzgerald is recommended for his "energy, responsiveness and good-quality service". – Legal 500, 2013