Construction
In conjunction with the Construction and Engineering Group, we advise employers, main contractors, sub-contractors, professional advisors and lenders in relation to the resolution of disputes arising from construction projects.
Corporate Disputes
Allied to the firm’s strength and expertise in the corporate and commercial spheres, we have wide-ranging experience in all types of 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.
Defamation & Privacy
The firm has vast experience in advising on defamation and privacy issues. Our clients include State bodies and broadcasters, international, national and provincial newspapers, companies, entrepreneurs, individual members of the business community and celebrities. Our experience and our sensitivity to the needs of our clients greatly enhance our ability to achieve the optimum resolution within the shortest possible timeframe.
Please see also our Media and Entertainment Group profile.
EC and Competition
In conjunction with the EC and Competition Group, we provide our clients with advisory and litigation assistance. We have also acted in many large cases involving competition issues. We have widely acknowledged strength in dealing with various industry regulators and in particular, those relating to the telecommunications, aviation, finance and utilities markets.
Environment and Planning
Our Environment and Planning Group provides advice on both contentious and non-contentious matters to businesses across a range of industry sectors. We advise a wide variety of domestic and multinational clients on all aspects of this complex and expanding area of law, from the commencement of projects to completion and subsequent regulatory compliance.
We have extensive experience in prosecuting and defending high profile actions in this area. Our areas of expertise include environmental impact assessment, judicial review, regulatory compliance, planning applications, planning appeals and compulsory purchase.
Financial Services
Our Financial Services Litigation Group advises publicly quoted companies, financial institutions and their insurers on a wide range of litigation and pre-litigation matters such as investigations by and complaints to the Financial Regulator, the Irish Stock Exchange, the Financial Services Ombudsman, the Office of the Director of Corporate Enforcement and High Court appointed inspectors in relation to enquiries, compliance, Companies Acts and market abuse issues, and claims arising from investment advice, mis-selling, mis-statement, employee misconduct, prospectus liability, breach of fiduciary and other duties, insolvency of financial services firms and structured product default.
Fraud / White Collar Crime
We have considerable experience in advising clients in respect of white collar crime. We particularly focus on getting to know the detail of our clients’ business, identifying areas of potential risk and advising on risk management strategies. In both local and multi-jurisdictional financial fraud cases, we assist our clients (including major international banks and companies) to trace, freeze and recover their assets.
Healthcare
Our Healthcare Group is a multidisciplinary team that advises service providers at all levels of the healthcare sector on a wide range of contentious and non-contentious matters. Our client base includes health authorities and agencies, hospitals, doctors, dentists, pharmaceutical companies, biotechnology companies and others in this dynamic sector. We also represent medical insurers, regulatory bodies and health organisations. It is widely acknowledged that we have unparalleled experience in defending claims of clinical negligence. We advise our clients on a broad range of issues in the healthcare sector including professional conduct and disciplinary inquiries, health and safety, clinical trials, waste management, contractual matters, risk management and childcare issues.
Insurance
Our insurance litigation team handles complex, high value claims of both a domestic and international nature. We represent corporate policyholder clients, brokers, insurers and reinsurers in matters of insurance coverage and policy interpretation. Our lawyers advise on the full spectrum of insurance issues including professional indemnity matters, directors’ and officers’ policies and claims involving property, construction, product liability, personal injury and employer liability.
We provide advice to our insurance and reinsurance clients on all forms of dispute resolution, including alternative dispute resolution. We also advise on regulatory and compliance issues.
Intellectual Property/Patents/Technology
We advise clients on all aspects of intellectual property practice and have acted in substantial trade mark, passing off and copyright actions. We also represent clients in multinational patent infringement and revocation actions.
In conjunction with our Technology Group and our Intellectual Property Group, we advise on issues and disputes across the whole IT/e-Commerce spectrum, including disputes regarding development projects, systems supply, software licensing and copyright, computer hacking, misappropriation of company computer information and issues arising out of electronic banking and other e-commerce transactions.
Licensing
We specialise in all aspects of liquor licensing including applying for and renewing licences relevant to hotels, public houses, restaurants and registered clubs. We advise on all aspects of the sale and purchase of licensed premises. We also advise on the staging of outdoor events and occasional functions.
Personal Injury
We act for a broad range of clients in the area of personal injury litigation, including State bodies, insurers and employers. We have a wealth of experience in representing clients in the defence of substantial personal injury claims and in relation to health and safety prosecutions.
Product Liability
Our Product Liability and Product Safety Group provides advice on a wide range of product liability, product safety, contractual and insurance issues to companies and organisations across all sectors including the pharmaceutical, medical device, healthcare, food, drink, tobacco, cosmetics, motor vehicle and retail sectors.
We have unrivalled experience in large-scale, multi-party product liability litigation delivering strategies that are sensitive not only to the litigation environment and objectives but also to the commercial, regulatory and public relations concerns that inevitably accompany such situations. We advise on general and sector-specific EU and national requirements in relation to a wide range of products. We also provide comprehensive and strategic advice, both at the pre-litigation stage and in non-contentious cases, in relation to risk management, product withdrawal and recall, crisis management strategies, specialist insurance advice and other issues.
Professional Indemnity
For many years Arthur Cox has been a leading firm in the area of professional indemnity. We receive instructions from insurers/indemnifiers on behalf of a wide range of professionals, including accountants, engineers, doctors, investment advisers, lawyers and others. Our experience in this increasingly complex area enables us to advise on the key issues and formulate a coherent strategy to achieve the optimal outcome whether by way of mediation, negotiation or a robust defence at trial. We also advise on coverage issues.
Property Litigation
We have experience in all forms of property litigation and related advisory matters. Our client base includes banks, property developers, property companies, State authorities and port authorities. We also advise businesses with major property investments such as shopping centres, leisure and sports venues, hotels and licensed premises.
In conjunction with our Property Group, we provide advice to corporate and private clients who are landlords or tenants on the resolution of disputes arising in connection with commercial tenancies of all types.
The work of the Group includes dealing with planning authorities, seeking declaratory relief in disputes involving contracts for the sale of land, judicial review of the decisions of planning authorities including document disclosure issues and specific performance actions.
Tribunals and Inquiries
We have considerable experience in this area arising from our involvement in the Beef, McCracken, Flood/Mahon, Barr, Lindsay and Moriarty Tribunals, the Post-Mortem Inquiry, the Commission to Inquire into Child Abuse and the Residential Institution Redress Board. We advise clients in relation to statutory inquiries by professional bodies such as An Bord Altranais and the Medical Council.
The Practice
Arthur Cox’s Litigation and Dispute Resolution Group in Belfast has an enviable Client list accumulated as a result of meeting Clients’ high service delivery expectations in the areas of commercial and insurance litigation, banking, marine, transport and construction.
A part of the pan Ireland offering of the firm the group thinks beyond the traditional resolution process adversarial litigation to provide cost commensurate and effective advice through such vehicles as mediation, expert determination, arbitration and adjudication.
We have a dedicated Banking Litigation team experienced in resolving disputes for banks. We have a breadth and depth of experience which we believe places our team at the forefront of banking litigation. Our specialist knowledge of banking law and the banking industry means that we are able to give swift commercially focused advice.
Expertise
The team has long standing experience in Commercial litigation, personal injury defence litigation, insurance litigation, banking litigation, maritime dispute resolution, transport related disputes, construction disputes, professional negligence to include medical defence, intellectual property disputes and product liability. Amanda Wylie, is the present Forum of Insurance Lawyers (FOIL) Regional Representative, former Council Member of the Northern Ireland Medico Legal Society and Law Society Committee Member in Contentious Business and Member of the County Court Liaison Committee.
Experience
- Defending telecommunications Client in respect of £7 million pound adjudication claim on a construction contract scheme
- Advising and representing an International Manufacturer Client in relation to a multi-million pound claim against supplier
- Acting for a major Northern Ireland Utility in relation to a number of substantial Commercial Litigation actions
- Dealing with a major Product Liability claim in arising out of the manufacture of UPVC profiles involving multi-claimants and multi-parties
- Advising a supplier of support services in relation to a multi-million pound contract with the Northern Ireland Civil Service
- Defended an international logistics company in respect of alleged personal injury to an employee allegedly as a result of an unsafe system for loading transport vehicles
- Defending the owner of fishing vessel in relation to the death of two crew members following the loss of the vessel in respect of dependency claims by the deceased’s families
- Defended an international food manufacturer in criminal proceedings arising out of breaches of health and safety legislation following the death of an employee at their processing plant to include proceedings brought by the Health and Safety Executive and dealing with claim under an Insurance Personal Accident Policy
- Defending the P&I Club of a Ferry in relation to a manual handling claim brought by a sub-contractor as employee carrying out repairs on board a vessel in Belfast Harbour
- Advising on an alleged breach of a supply agreement for a leading pharmaceutical company specialising in diagnostic aids
- Defending injunctive proceedings arising out of a potential breach of contract in relation to a bonded oil facility
- Defending a French company involved in the construction of the local interconnector where a contractor was crushed by a vehicle
Endorsements
'The appointment of Amanda Wylie as head of this team plus the addition of a number of associates has transformed this litigation department, increasing the “depth and resource available across the board”... The team maintains a strong regional presence and is ably supported by offices in London and Dublin, so it is often the beneficiary of referrals from City and Scottish firms. Its transatlantic link to an office in New York means that international cases also form part of this team’s workload.'
The Legal 500: The Clients’ Guide to the UK Legal Profession, 2009
'This is a “robust defence firm that always responds quickly to situations” according to clients. Its excellent reputation has attracted both international work and referrals from English and Scottish firms and the group’s general commercial work has expanded dramatically within the past year.'
Chambers UK: A Client’s Guide to the UK Legal Profession, 2009
People
Amanda Wylie
Catriona Gibson