Colin Monaghan

Colin Monaghan | Litigation and Dispute Resolution Lawyer | Arthur Cox

Expertise

Colin is a partner in the Litigation and Dispute Resolution Group and specialises in commercial litigation and corporate disputes, with a particular emphasis on financial services litigation, regulatory litigation, competition litigation, commercial property disputes, large-scale employment litigation, mergers and acquisitions litigation, shareholder disputes, and negligence claims.

Colin advises a wide variety of clients including financial institutions, statutory and Government entities, private and public companies, and individuals, in relation to all aspects of the litigation process and in respect of alternative dispute resolution mechanisms, including arbitration and mediation. Colin has extensive experience in dealing with multi-party disputes before the Commercial List of the High Court and large-scale discovery processes involving electronic discovery. Colin has advised a number of large U.S. publicly listed corporations in respect of mergers into Ireland by way of Irish High Court approved schemes of arrangement, most of which have involved cross-jurisdictional shareholder litigation. Colin lectures and tutors in commercial litigation at the Law Society of Ireland.

Colin was selected as the International Client Choice Awards winner for Litigation in Ireland for 2015. Established in 2005, Client Choice recognises those lawyers around the world that stand apart for the excellent client care they provide and the quality of their service. Nominations can only be made by corporate counsel.

Experience

  • Acting for the Accenture group in relation to the court applications required to effect the cross-border merger of Accenture SCA (a Luxembourg entity) into Accenture Group Holdings plc pursuant to the European Communities (Cross-Border Mergers) Regulations 2008.
  • Acting for Aer Lingus in respect of a number of employee related disputes before the High Court.
  • Acting for Banco Santander S.A. and Optimal Investment Services S.A. in the defence of proceedings issued in Ireland by SPV OSUS Ltd claiming circa US$3 billion arising from the fraud perpetrated by Bernard L. Madoff Investment Securities LLC.
  • Acting on behalf of the Central Bank of Ireland in securing Transfer Orders from the High Court under the Central Bank and Credit Institutions (Resolution) Act 2011 in respect of Newbridge Credit Union, Howth Sutton Credit Union, and Killorglin Credit Union.
  • Advising a client on an urgent basis in relation to an unannounced inspection (or “dawn raid”) in respect of competition law related issues by the European Commission and the Competition and Consumer Protection Commission.
  • Acting for Credit Agricole in a claim against two Dexia entities in respect of substantial losses incurred by Credit Agricole arising from its investment in two Dexia Funds.
  • Acting for First Active plc in defending multiple linked proceedings brought against it by the Cunningham Group involving claims in excess of €150 million arising out of First Active’s appointment of a receiver to certain companies within the Cunningham Group.
  • Acting for Futur Oil Services Limited, a BVI-registered company, in a dispute with Circle Oil Egypt Limited in respect of a profit sharing agreement relating to the operation of an oil concession in Egypt.
  • Acting for Fyffes plc in its successful insider dealing case against DCC plc and others. This was the first case of its kind in Europe and was won on appeal to the Supreme Court.
  • Acting for Fyffes plc in respect of a number of court applications associated with its €751 million takeover by Sumitomo Corporation in early 2017.
  • Acting in Court applications associated with a number of high-profile U.S. corporate inversions into Ireland, including on behalf of Warner Chilcott in respect of its US$8.5 billion merger with Actavis, and on behalf of Covidien in respect of its US$42.9 billion merger with Medtronic.
  • Acting for Marsh Insurance Group in relation to scheme of arrangement under the Companies Act 2014, whereby PI Indemnity Company Limited, a Marsh group company, transferred all of its book of business to Omega Indemnity (Bermuda) Limited, another Marsh group company incorporated in Bermuda.
  • Acting for the Minister for Finance and the National Treasury Management Agency in obtaining a series of Court Orders pursuant to the Credit Institutions (Stabilisation) Act 2010 in relation to the restructuring of the banking sector in Ireland, and acting in the defence of on-going High Court proceedings seeking to challenge the recapitalisation of Permanent TSB by the Minister.
  • Acting for Mylan N.V. in respect of the litigation aspects of its US$35 billion offer for Perrigo Company plc.
  • Acting for the National Oil Reserves Agency, an Irish statutory body, in successfully obtaining mandatory injunctive relief from the High Court against a former contractor in respect of a trespass on lands at Poolbeg, and advising on the settlement of the underlying contractual dispute following mediation.
  • Acting for the NAMA in respect of proceedings taken against a former employee in respect of the disclosure of certain confidential information belonging to NAMA, including obtaining interim and final injunctive relief, and other Court orders, in respect of the disclosures.
  • Acting for NTR plc and NTR Europe Wind Holdings Limited in respect of court applications relating to a reduction of capital and reserves under the Companies Act 2014 in the context of the demerger of the NTR Group’s European wind business.
  • Acting for PricewaterhouseCoopers in respect of a number of property related disputes.
  • Acting for Total Produce plc in relation to the court applications required to confirm a capital reduction of €108 million pursuant to section 85(1) of the Companies Act 2014.
  • Acting for Ulster Bank in the defence of proceedings before the Commercial List of the High Court alleging that certain financial derivative products, including swaps, were mis-sold by Ulster Bank.
  • Acting for Zoetis in respect of a number of court applications associated with its US$85 million acquisition of Irish pet medication group Nexvet by way of a court approved scheme of arrangement under the Companies Act 2014.

Publications

Education
  • LL.B, 1998, Trinity College Dublin
  • LL.M (Intellectual Property Law), 1999, The London School of Economics and Political Science, University of London
  • Diploma (Financial Services Law), 2001, University College Dublin
Professional
  • Admitted as a solicitor, 2002
Memberships
  • Dublin Solicitors Bar Association