Eve Mulconry

Eve Mulconry| Litigation and Dispute Resolution Lawyer | Arthur Cox

Expertise

Eve has over 17 years’ experience practising in Arthur Cox in the litigation of commercial disputes. She specialises in large scale commercial litigation across a range of areas including banking, financial services, shareholder disputes and professional negligence and contractual claims.

Eve has a very significant recoveries practice and has advised on some of the most high profile and complex debt recovery and enforcement cases in the Commercial Court. Her expertise in this area includes obtaining and defending interlocutory applications, obtaining European Enforcement Orders, Anton Piller Orders, Inventory and Norwich Pharmacal Orders. Eve has Also conducted examinations of witnesses in the Commercial Court as part of asset tracing measures.

Eve’s clients include banks and other financial institutions, State bodies, publically quoted companies and regulated entities.

Eve also has extensive experience in judicial review and in competition and regulatory matters including statutory appeals.

Eve has very considerable experience in rating matters and acted in applications concerning acted in applications concerning rates before the Valuation Tribunal, High Court and Supreme Court.

In June 2013, Eve was shortlisted Rising Star Litigator at Euromoney Legal Media Group Women in Business Law Awards London.

Eve is a member of the firm’s Trainee Steering Group, which is the partnership body responsible for all aspects of the firm’s trainee programme, including recruitment and development.

Experience

  • Acting for CRG and NTR plc before the Valuation Tribunal, High Court and Supreme Court in relation to the rating of the M1 motorway and Westlink toll bridge. Eve successfully obtained a Supreme Court judgment re-defining the treatment of the revenue share paid by those tolling companies to the State from the collection of tolls, as a charge payable under statute deductible from their gross receipts for rating purposes. This litigation led to refunds from the local authorities for overpayment of rates over a 5 year period. Eve was also successful in a judicial review of the Valuation Tribunal’s powers to adjourn cases past statutorily defined timelines.
  • Acting for IBRC (in Special Liquidation) (“IBRC”) and for the Receiver appointed in respect of the various properties in relation to Commercial Court proceedings against Cambourne Developments Ltd, Century Holdings Ltd and Peter Curistan – concerning the Parnell Centre, Dublin and Odyssey Pavilion, Belfast. Obtained judgment for IBRC confirming the validity of the appointment of the Receiver and granting judgment personally against Mr. Curistan in the sum of €11 million.
  • Acting for Declan Taite (Receiver) in relation to complex recovery litigation before the Commercial Court.
  • Acting for BOI in Commercial Court proceedings against the Nolan family (Nolan Transport, Wexford). Proceedings were brought to plenary trial in 22 weeks and resolved following the opening day of hearing.
  • Acting for the minority shareholder and inventor in successfully obtaining an injunction preventing the majority shareholder in bringing a number of company resolutions oppressive to the minority.
  • Acting for a number of parties in the matter Black, Behan and Others –v- Maxol Ltd in the Commercial Court, involving issues of partnership law.
  • Acting for IBRC in successful summary proceedings obtaining judgment against Brendan and Asta O’Kelly and in having a lis pendens vacated from a property repossessed by IBRC by Order of the Supreme Court.
  • Acting for IBRC in summary proceedings for the recovery of €57,915,338 against the former Chairman of the bank.
  • Acting for IBRC in a subsequent petition by the former Chairman of the bank for a scheme of arrangement before the Bankruptcy Court and bringing a Motion that the scheme of arrangement was bound to fail leading to subsequent bankruptcy of the Petitioner.
  • Acting for IBRC in the ongoing Commercial Court proceedings against the former Managing Director and Head of Lending at the bank, seeking recovery of circa €40 million.
  • Acting for eircom Limited (“eircom”) in defending of two sets of Commercial Court proceedings taken by Towercom Holdings Ltd arising out of an alleged breach of warranty in respect of the sale by eircom of its Mast Business to Towercom in 2007 for circa €150 million. The case was settled on the application by eircom for the determination of a preliminary issue relating to interpretation of the warranty clauses.
  • Acting for Athlone Institute of Technology (“AIT”) in successfully defending judicial review proceedings by QDM Capital Ltd. Applying for the proceedings to be entered into the Commercial Court in June 2011 and for the hearing on an expedited basis of a preliminary issue on whether or not the contract was a contract for public works within the meaning of the Public Works, Public Supply and Public Services Contracts Directive 2004/18/EC and the European Communities (Award of Public Authorities’ Contracts) Regulations 2006. The application for entry into the Commercial Court and the hearing of such a preliminary issue was the first of its kind in relation to such a contract. The matter was heard and determined by the Commercial Court in favour of AIT in July 2011.
  • Acting for Dublin Airport Authority (“DAA”) in claim for circa €5 million against Ryanair in respect of Shannon Airport incentive schemes and credit terms. The matter was heard before the Commercial Court in January 2011 and resolved following opening.
  • Acting on behalf of DAA in numerous Commercial Court and High Court applications against Ryanair for recovery of airport charges, PRM charges and for interest pursuant to the Late Payments Directive 2011/7/EU. In each instance the DAA was successful. Acting for the DAA in judicial review proceedings against the Commission for Aviation Regulation before the High Court in a 30 day hearing relating to the capex programme for Dublin Airport.
  • Representing Ray Jackson (KPMG, Receiver) in complex and multiple proceedings involving allegations of fraud and professional negligence against the Receiver. The matter involved a 100 interlocutory hearings in advance of the trial over 125 days. It included 29 judgments and 98 perfected Orders. The ultimate trial was heard over 88 days and both the bank and Receiver were successful and all claims were struck out. Central to the claim was the validity of the appointment of the Receiver, Mr. Jackson.
  • Representing over 40 Irish Bookmakers in an intellectual property dispute against the British Horseracing Board in proceedings before the Commercial Court.
  • Acting for the Minister for Communications in respect of rating of Metropolitan Area Network System (MANS Broadband) and acting for the Injuries Board and other bodies in relation to a claim for exemption from rates.
  • Acting for Carestream in judicial review proceedings against the HSE arising out of the National Integrated Medical Imaging Systems tender. The dispute related to the EC (Award of Public Authorities’ Contracts) Regulations 2006 and the Public Procurement Directives (in particular Directive 2004/18EC).
  • Representing a client in the taking of a deposition for US proceedings in respect of US $17 billion claim.
  • Acting for eircom against the Inspector of Taxes in cases stated to the High Court, Revenue Division, in a claim for refund of tax arising in relation to disposal by eircom of its share holding in Golden Pages.
Education
  • LLM, 1994, Kings College, London
  • BCL, 1993, University College, Dublin
Professional
  • Admitted as a solicitor in Ireland, 1997
Memberships
  • Commercial Litigation Association of  Ireland
Authorship

Contributing author Institute of Chartered Accountants in Ireland, Forensic Accounting – Litigation chapter.

 

Lecturer and author, Law Society Diploma in Commercial Litigation on “Issuing Proceedings outside the EU, Cross Border Litigation and Forum Shopping