Michael Twomey

Michael Twomey | Litigation & Dispute Resolution Lawyer | Arthur Cox

Expertise

Michael is a Partner in the Arthur Cox Litigation and Dispute Resolution Group. He specialises in commercial and corporate disputes, including, in particular, financial services litigation, shareholder and contractual disputes, disputes arising from commercial property transactions, landlord and tenant issues, and professional negligence.

Michael advises a wide variety of clients, including Irish and international companies, professional services firms, financial institutions, statutory/government bodies, international private equity funds, pension and investment funds, and insolvency practitioners, in risk management, formal litigation and alternative dispute resolution procedures such as arbitration and mediation. He also has extensive expertise acting for clients in the aviation, energy, financial and telecommunications sectors.

Michael qualified as a solicitor in 2010, having trained with the firm. He is a graduate of University College Cork. He tutors at the Law Society of Ireland’s Diploma in Commercial Litigation course.

Experience

  • Acting for a major multi-national bank in the defence of a c. €400 million claim by the liquidators of a Cayman-registered and domiciled hedge fund to which it provided fund administration and accounting services.
  • Acting for the Musgrave Group, owner of the “SuperValu” supermarket brand, in the successful defence of a Commercial Court injunction application by a shopping centre landlord seeking to enforce a “keep open” covenant in a lease. This was the first such successful defence in the Irish courts.
  • Acting for the Musgrave Group in Commercial Court proceedings arising from a dispute with its landlord at the Blackrock Shopping Centre, Blackrock, Co. Dublin.
  • Advising the National Oil Reserves Agency, an Irish statutory body, in relation to the successful resolution of an illegal trespass on a key strategic oil site in Dublin and an underlying contractual dispute.
  • Acting for Canada Life in relation to a significant tax dispute with the Irish Revenue Commissioners arising from Canada Life’s €1.3 billion purchase of Irish Life from the Minister for Finance in 2013.
  • Advising a top-four worldwide accounting and auditing firm in relation to their joinder as a third party to Irish Commercial Court proceedings alleging negligence in the performance of audits.
  • Advising the Personal Injuries Assessment Board in relation to a complex High Court judicial review action in respect of its practices and procedures.
  • Acting for Kennedy Wilson in relation to a number of landlord and tenant disputes at commercial and residential properties.
  • Advising ExxonMobil in successful Commercial Court proceedings against Nine One One Retail Limited regarding the termination of a contractual relationship in respect of the operation of food service facilities in 32 stores around Ireland.
  • Acting for a multi-national financial institution in Irish Commercial Court proceedings arising from the alleged mis-selling of an investment bond.
  • Acting for Greencore plc in the defence of High Court proceedings issued by a fellow investor in an Irish company, alleging misrepresentation and breach of contract.
  • Advising Vodafone Ireland on the defence of a significant loss of earnings claim by an employee.
  • Advising Vodafone Ireland on a number of significant litigation matters which were successfully resolved.
  • Acting for Hibernia REIT in relation to statutory tenancy claims by the Office of Public Works in respect of the Harcourt Square property occupied by An Garda Síochána (the Irish police).
  • Advising Aer Lingus on various significant matters, including a contractual dispute relating to the leasing of equipment.
  • Advising Chubb Insurance Company of Europe in relation to Commercial Court proceedings issued against an insured party alleging negligent termination of a contract to provide services in a foreign jurisdiction.
  • Advising a United States-based developer of global data centres in relation to a complex statutory tenancy dispute which arose in the context of a multi-million euro acquisition of land for development of a data centre.
  • Acting for an Irish semi-state body on the litigation aspects of the acquisition of a strategic piece of land in Dublin.
  • Advising a top-four worldwide accounting and auditing firm in relation to various property disputes arising in its office locations in Ireland.
  • Acting for an Irish development company in relation to “right of way” issues arising in relation to a very significant new retail, commercial and residential development in Dublin.
  • Acting for a United States-based private equity fund in relation to a number of property disputes arising from investments made in the Irish market.
  • Representing numerous property clients in relation to ground rent applications to acquire the freehold of valuable parcels of land, including Kennedy Wilson and the Louis Fitzgerald Group.
  • Advising a service provider to the aviation industry in relation to the regulation of mineral oil pursuant to the Finance Act 1999 and Mineral Oil Tax Regulations 2012 and dealing with Customs/Revenue in relation to same.
  • Advising an Irish professional services firm in relation to the successful resolution of a complex partnership dispute.
  • Working closely with the Arthur Cox Corporate M&A, Finance and Property teams on the litigation/risk aspects of numerous high-profile corporate and property transactions.
  • Acting for an Irish renewable energy developer in the successful resolution of a dispute with the Commission for the Regulation of Utilities.
  • Representing the Dublin Docklands Development Authority in the successful defence of Irish Commercial Court proceedings issued against it by Donatex Ltd and Bernard McNamara. The plaintiffs sought damages of c. €100 million arising from a joint venture to purchase the Irish Glass Bottle site in Ringsend for €412 million in 2007.