Our Litigation and Dispute Resolution Department is the leading litigation practice in Ireland, and has particular expertise in complex, high-value cases heard in the Commercial List of the High Court. The Group undertakes work with a large international element, often involving cross-border disputes and jurisdictional issues. We have extensive experience in assisting clients to prevent disputes before they occur, as well as advising on formal litigation proceedings. We also provide our clients and international law firms with expertise in all forms of alternative dispute resolution, including international and domestic arbitrations, mediations, conciliations and expert determinations.
Our client base consists of a wide range of domestic and multinational institutions in all sectors and includes:
- Irish and international corporations and organisations;
- government entities and state bodies;
- financial institutions and insurance companies;
- professional organisations; and
- private individuals.
Allied to the firm’s strength and expertise in the commercial and corporate spheres, we have wide-ranging experience in all types of commercial and corporate disputes, including those arising from commercial agreements and operations, the financial markets, mergers and acquisitions, share dealings and other corporate and banking transactions. We also handle all types of actions under the Companies Acts, ranging from shareholder and boardroom disputes to investigations and inquiries.
We have advised numerous clients in relation to statutory and non-statutory investigations and reviews and the application of natural justice and constitutional fair procedures.
We also have a dedicated unit to deal with discovery (including ediscovery) and data management, which has become a major aspect of litigation and disputes, in order to effectively manage the costs and client time involved.
Arthur Cox Dawn Raid Response Unit
The regulation of business is growing internationally with the aim of ensuring the protection of consumers’ interests and a level playing field for businesses. However, the enforcement of regulation also brings challenges for businesses. Unannounced inspections, also known as “dawn raids”, are an important enforcement tool at the disposal of regulators, but can cause significant disruption to businesses. Understanding the purpose of unannounced inspections, how they are conducted and the extent of your rights and obligations during an inspection will help you better manage inspections and ensure your interests are protected. Learn more about the Dawn Raid Response Unit here.
Our recent experience includes acting for:
- ABB Ltd in two separate sets of High Court follow-on cartel damages claims brought by ESB and Synergen Power Ltd against ABB Ltd and a number of other European electricity utility companies arising out of the European Commission’s infringement decision in relation to gas insulated switchgear.
- Actavis plc in relation to a US$5.7 billion capital reduction pursuant to section 72 of the Companies Act 1972.
- 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.
- BNY Mellon Investment Servicing (International) Ltd in the defence of claims of alleged breach of contract, negligence, breach of duty, wilful misfeasance, misrepresentation and negligent misstatement arising from its provision of fund administration and accounting services to a Cayman-registered and domiciled hedge fund.
- Blackstone in the defence of proceedings taken by the O’Flynn Group following the acquisition by Blackstone of the O’Flynn Group’s loans from NAMA for €1.1 billion.
- The Central Bank of Ireland in:
- obtaining a Transfer Order from the High Court pursuant to the Central Bank and Credit Institutions (Resolution) Act 2011 directing the transfer of the assets and liabilities of Killorglin Credit Union Limited to Tralee Credit Union Limited; and
- the defence of High Court proceedings brought by members of the Quinn family in relation to the Central Bank’s regulation of the banking industry in Ireland, and Anglo Irish Bank in particular, during the period 2007 to 2008.
- Covidien in relation to a number of Court applications required to approve a Scheme of Arrangement, pursuant to section 201 of the Companies Acts, in respect of its US$42.9 billion merger with Medtronic.
- Donegal Investment Group plc in Commercial Court shareholder oppression proceedings, brought pursuant to section 205 of the Companies Act 1963.
- Dunnes Stores in the defence of proceedings taken against it by Aldi Stores (Ireland) Limited, alleging a breach of the Trade Marks Act 1996 and the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007.
- Fyffes plc in relation to a number of Court applications required to approve a Scheme of Arrangement, pursuant to section 201 of the Companies Acts, in respect of its proposed US$1.07 billion merger with Chiquita, which was ultimately not proceeded with.
- Inter-Tel Lake Ltd, Lake Datacomms Ltd, Lake Electronic Technologies Ltd and Fernway Ltd in relation to the Court applications required to obtain High Court approval for capital reductions pursuant to section 72 of the Companies Act 1972, with a combined value of approximately €30.5million.
- The Minister for Finance in the defence of challenges that have been brought to the recapitalisation of Irish Life & Permanent pursuant to a Direction Order made by the High Court in July 2011 under the Credit Institutions (Stabilisation) Act 2010. These proceedings have been referred to the Court of Justice of the European Union for answers on European law issues arising.
- The Trustees of the Omega Pharma Ireland Pension and Defined Benefit Scheme in Commercial Court proceedings in which they successfully obtained, on behalf of the members, a landmark judgment against the scheme’s employers for a contribution in excess of the statutory minimum funding standard.
- Tyco International plc in relation to the Court application required to obtain High Court approval for a US$17.741 billion capital reduction pursuant to section 72 of the Companies Act 1972.
- UBIqube Ireland plc in connection with the Court application required to obtain High Court approval for an inward cross border merger with UBIqube Solutions S.A pursuant to the European Communities (Cross Border Mergers) Regulations 2008, as amended.
- Ulster Bank Ireland Limited in relation to:
- the defence of proceedings in the Commercial Court issued by Vieira Limited, European Property Fund plc and Laurelmore Limited (the Larkin connection) involving the sale of three alleged interest rate derivative products;
- the defence of proceedings in the Commercial Court issued by Komady Limited and Michael O’Reilly which relate, among other things, to the alleged unlawful appointment of receivers by Ulster Bank Ireland Limited in October 2014;
- the defence of High Court injunction proceedings issued by Spectrum Motors Limited which relate to a performance guarantee provided by Ulster Bank Ireland Limited to CNH UK Limited; and
- the defence of proceedings in the Commercial Court brought by Bill Cullen, in respect of certain of the Glencullen group of companies over which he been one of the main shareholders.