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John Fitzgerald
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John previously worked in the firm's Commercial Property and Banking Departments prior to moving to Commercial Litigation and Corporate Recovery/Insolvency. His experience of complex property and secured lending transactions acting for all parties provides a useful insight in addressing difficulties that arise commonly in much of the commercial litigation and insolvency proceedings before the Courts at the moment.  John acts for banks, their appointed receivers, companies and their directors, unsecured creditors and insolvency practitioners generally in relation to all aspects of commercial litigation and corporate restructuring and insolvency.

Key transaction experience

Recently John has been the lead insolvency advisor on:

  • The Enforcement of security relating to loans against consortia of investors in 4 nursing homes, and the receiver and manager on appointment to a third party operator in relation to asset sales and competing creditor claims.
  • Advising the secured lender on its enforcement options in relation to loans to the shareholders of a major private hospital.
  • Advising and implementing an enforcement strategy including the appointment of a receiver and manager over a major supermarket and other assets of the borrowers, the sale of the business as a going concern and advice on dealing with multiple third party claims.
  • Enforcement advice to the Bank and its appointed receiver in relation to a portfolio of investment properties including the application for an interim injunction required where the receiver's appointment was met with aggressive physical resistance.
  • Advising secured lenders in relation to the merits of legal challenges to alleged fraudulent dispositions.
  • Advising secured lenders on the terms of numerous settlement agreements with borrowers/guarantors and the taking of new security as part of these agreements.
  • Advising receivers in relation to s.316 applications for directions and on injunction applications relating to challenges to their appointment.
  • Advising liquidators in relation to litigation relating to pre liquidation debtors and to claims of third parties in the liquidation.
  • Advising the secured lenders of hotel and other capital allowance driven transactions where the investors’ loan facilities are in default.
  • The liquidators of construction companies in relation to pursuing pre liquidation debts.
  • Receivers and Managers of development and construction companies.
  • Manufacturers and retailers in relation to the breach of contract and insolvency of their trade creditors.
  • Advising the Official Liquidator of Failte Travel Limited (In Liquidation).
  • Advising the landlord of a unit where the Linen Supply of Ireland Limited (In Examinership) was the tenant.

John also advises in relation to specific performance actions, actions in relation to landlord & tenant and other property related disputes, and breach of contract/negligence actions. In addition he advises directors generally in relation to their rights and obligations under the Companies Acts and otherwise.


Qualifications

  • Bachelor of Business & Legal Studies (BBLS) (Hons) - University College Dublin, 1995
  • LLM (Commercial) - University College Dublin, 2001
  • Diploma in Insolvency and Corporate Restructuring - The Law Society of Ireland, 2010

Memberships

  • The Law Society of Ireland.
  • Dublin Solicitors Bar Association.
  • The Irish Society of Insolvency Practitioners.
  • INSOL Europe.

Recommendations

John Fitzgerald "has a calm and measured approach, even under pressure," a client relates. "He always sees the big picture and is client-focused." He specialises in secured lending transactions, and acts for creditors in bankruptcy proceedings, liquidation disputes and the transfer of property assets. - Chambers Europe 2019

John Fitzgerald is"very practical, commercial, result-oriented and has a good sense of what a win looks like." Clients value the accuracy of his advice, which is "considered and well talked-through." The same source continues: "He will generally look at all of the possible outcomes and you can rely on him to give advice on the best option to take." - Chambers Europe, 2018

‘Highly experienced’ practice head John Fitzgerald. - Legal 500, 2018

At ByrneWallace, ‘thoughtful adviser’ John Fitzgerald has been particularly busy with contentious mandates and represented Ferris and Associates – as liquidator of Kendar Holdings – on the enforcement of a judgment in seven EU member states. - Legal 500, 2017

John Fitzgerald is ‘practical and reliable’. - Legal 500, 2016

John Fitzgerald is well regarded by clients, who consider him "calm and composed, with outstanding knowledge of the law. I have personally seen him take the arguments of other lawyers apart in settlement negotiations." He advised Bank of Scotland on its defeat of a test case challenging the client's general entitlement to enforce security, which it acquired on merging with Bank of Scotland (Ireland). - Chambers Europe, 2016

ByrneWallace’s John Fitzgerald ‘leaves no stone unturned’ and successfully represented Bank of Scotland in a test case challenge to enforce security.  - Legal 500, 2015

John Fitzgerald of ByrneWallace draws praise from clients for his "responsiveness, accuracy and calm advice." Lately, he has acted on several insolvency and related litigation matters involving the possession of property assets. - Chambers & Partners, 2015

John Fitzgerald is ‘accurate and knowledgeable’. – Legal 500, 2014

John is praised by clients as "technically very strong, responsive and commercial," with one noting that he is "great at getting a deal over the line."  Chambers Global, 2014

John Fitzgerald is recommended for his "energy, responsiveness and good-quality service".  Legal 500, 2013