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Commercial Litigation Experience

Our commercial litigation experience is wide-ranging and diverse. We represent clients in all major business areas, public and private sector, domestic and multinational. Below is a representation of our recent experience. 

  Administrative law

  • Judicial reviews for land owners and property developers
  • Advising the Courts Service and Health Services Executive in relation to separate actions involving the Information Commissioner.
  • Advising hospital in relation to proceedings involving the Data Protection Commissioner.

 Arbitration / dispute desolution

  • Advising numerous property developers in arbitration proceedings in relation to obligations under Part V of the Planning and Development Acts, 2000-2006.
  • Advising major developer client in arbitration relating to sale of commercial property.
  • Advising selling shareholders of major domestic technology company in relation to international arbitration under ICC Rules.
  • Advising the Port services provides in licensing arbitration against port company.

 Competition and EU law 

  • Advising UNITE in relation to Waterford Crystal pension fund and EU law implications.
  • Advising Circleline and Mortons Coaches in relation to anti-competitive practices claim against Dublin Bus (one of Ireland’s first private damages actions under competition laws)

 Corporate matters 

  • Advising Hemcon Medical Technologies in relation to takeover by way of High Court sanctioned scheme of arrangement of Alltracel Pharmaceuticals plc.
  • Advising shareholder representative in relation to multi-million acquisition warranty claim.
  • Advising major Telecoms company in Commercial Court shareholder dispute action.
  • Representing shareholders in a number of High Court Section 205 oppression cases in both plaintiff and defendant capacities.
  • Advising directors of numerous domestic private companies in relation to board-room disputes.
  • Advising independent directors of CNG Travel Group plc in relation to takeover approaches and corporate governance compliance.
  • Advising pension scheme trustees in relation to a breach of warranty claim (including referral of issues to the Pensions Board for determination).

 Employment & related services

  • Advising Ryanair on trade union matters; successfully advising on pilot dispute in Supreme Court proceedings.
  • Representing Sheehan Group in successful defence of transfer of undertakings claim.
  • Advising Shannon Foynes Port Company in High Court employment and pensions matters.
  • High Court employment litigation on behalf of a number of public sector clients: HSE; The Irish Blood Transfusion Service; The Central Bank & Financial Services Authority of Ireland; Failte Ireland.

 Financial services 

  • Advising multiple banks on enforcement of their security, debt recovery and possession claims.
  • Advising an Investment Intermediary in the defence of commercial court proceedings relating to the provision of investment advice and management.
  • Advising various clients in relation to the prosecution and defence of claims brought before the Financial Services Ombudsman

 Healthcare 

  • Advising (former) South Western Area Health Board in the “EHB and A and B, In the matter of C” case (which reaffirmed the Supreme Court decision in the “X” case.
  • Advising the HSE in HSE v Malone (tobacco legislation).
  • Advising SIMS Fertility Clinic in a public and private Law matter (regarding embryo use)
  • Advising (former) Northern Area Health Board in Supreme Court case CK v NAHB (Health Act judicial review).
  • Advising (former) Northern Area Health Board in Supreme Court case NAHB and WH and PH v An Bord Uchtala and PB 2004 (Adoption Act judicial review).

 Insolvency & related services

  • Advising companies in defence of winding up petitions.
  • Advising receivers and managers of various development companies.
  • Advising receiver and manager of an operating hotel.
  • Advising multiple banks on enforcement rights and progressing to formal insolvency procedures.
  • Advising multiple banks on their position with regard to borrower companies in examinership.
  • Advising liquidators of various companies including Kendar Holdings Limited (In Liquidation), a Michael Lynn company.
  • Representing both Liquidators and Directors in relation to the bringing of and the defence of Section 150 and Section 160 restriction and disqualification proceedings.
  • Advising a number of corporate clients in relation to members’ voluntary liquidations and voluntary strike-offs as part of solvent restructuring plans or wind-downs.

 Insurance & professional indemnity

  • Advising Allianz in relation to the defence of major personal injury and fire damage matters (High Court and Circuit Court).
  • Advising various insurers and underwriters on coverage high level coverage disputes and professional indemnity cases.
  • Experience in acting for Insurers in the Commercial Court proceedings in a multi millon euro dispute relating to an insurance policy covering a cancelled music event at Slane Castle, Co Meath.

 Intellectual property & technology

  • Advising clients in the advertising, tourism and music sectors in relation to trademark and domain name protection and infringement prevention.
  • Advising a manufacturing company on a dispute relating to the unauthorised use of confidential information and know how arising from a collaborative design process.
  • Advising a manufacturer of retail point of sale equipment on a cross jurisdictional patent infringement matter.
  • Advising financial services company in relation to company information mis-appropriation.

 Licensing & related services

  • Advising one of Ireland’s largest retailers on the licensing of newly constructed anchor retail stores with spirit, beer and wine retailer’s off-licences and wholesale dealer’s licences.
  • Advising a global hotel group on all aspects of licensing law.
  • Advising some of the country’s largest property development companies on the construction and licensing of public house, hotel and off-licence premises in commercial and mixed use developments.

 Product liability 

  • Advising medical products manufacturer in relation to product liability prevention strategy.

 Planning 

  • Advising Adamstown in relation to all aspect of the planning scheme for Adamstown SDA including representations at the oral hearing of An Bord Pleanala.
  • Representing developer in relation to all aspects of a Planning Permission for the development of a mixed use large scale retail/residential/leisure/office development on the lands at the former Bray Golf Club.

 Property

  • Advising Warren Private Client in relation to Commercial Court and arbitration actions against developer in relation to a €200 million commercial property contract dispute.
  • Advising Bank of Ireland in relation to Commercial Court and arbitration actions in relation to commercial property contract dispute.
  • Advising multiple property developers in relation to High Court planning enforcement cases.
  • Advising construction companies in High Court and Circuit Court actions in relation to building contract disputes.
  • Advising major property developer before the Commercial Court in a joint venture dispute (c.200m claim).

 Regulatory 

  • Defending several clients in relation to actions brought by the Health & Safety Authority .

 Trade law 

  • Advising nationwide clothing and supermarket retailer, on a wide variety of contentious issues including retail defamation and contentious employment matters.
  • Advising pharmacy chain in defence of retail defamation proceedings.