Commercial Disputes including Strategic Advice on Risk ManagementOur highly experienced team provide an extensive range of commercial litigation advice to both domestic and international clients. We adopt a full service, proactive approach and, leveraging our vast experience, we provide concise and tailored advice from the outset helping clients to avoid many situations that would otherwise lead to lengthy and expensive litigation.
Where this is not possible, we advise on all aspects of the litigation process, providing strategic advice throughout the case, allowing our clients to make the best, informed, commercially beneficial decisions in the litigation. In the event that the dispute goes to Court, our team will advise on the best tactical approach to ensure the best possible outcomes are achieved for our client.
- Advising in all types of commercial disputes, including Banking litigation, Financial services litigation, International and multiparty litigation, Competition law, Insurance litigation, Intellectual Property disputes, Technology disputes, Data protection and privacy/Human rights disputes, Media disputes including defamation, Partnership disputes, Property disputes, Construction and engineering disputes, Professional negligence disputes, Pensions litigation and risk management.
- Advising on all types of interlocutory relief, including domestic injunctions, Anton Pillar orders, worldwide Mareva injunctions and Quia Timet injunctions and the best use of these to protect our client’s interests.
- Advising on various methods of Alternative Dispute Resolution, such as arbitration, mediation and conciliation including the limits of those forums and providing strategic advice on the applicability of ADR clauses in contracts.
- Advising on jurisdictional matters where another party is resident outside of the jurisdiction, both in ADR forums and in matters before the Courts.
- Advising on the applicability of European and International law and the enforcement elsewhere of Judgments obtained in Ireland and vice versa.
- Acted in a partnership dispute for a senior partner in a large Irish accountancy firm. Advised on injunction proceedings, issuing of High Court proceedings and strategy for the case. The matter was eventually settled through mediation.
- Hogan & Ors v The Minister for Social and Family Affairs, Ireland and The Attorney General (Court of Justice of the European Union (“CJEU”) Case C-398/11 & Commercial Court Record Number 2010/2922P)
ByrneWallace were the sole legal advisors to the Plaintiffs in this long running litigation against the Minister for Social and Family Affairs, Ireland and the Attorney General. It resulted in changes to pensions law in Ireland with the enactment of the Social Welfare and Pensions (No. 2) Act 2013 (the "2013 Act") on 25 December 2013. We advised on the alleged failure of the Minister for Social and Family Affairs to adequately transpose the provisions of the European Insolvency Directives concerning the protection of employees and their pension entitlements in the event of a double insolvency. Having issued proceedings in the Commercial Court, the matter was subsequently referred by the Commercial Court to the Court of Justice of the European Union (“CJEU”) under the preliminary reference procedure in Article 267 of the Treaty on the Functioning of the EU. We acted in the CJEU where we successfully obtained Judgment from the Court on all questions referred to it. The matter was referred back before the Commercial Court for the determination of the entitlements of the employees and a damages claim for breach of statutory duty. The case won Litigation Case of the Year 2014 in the Irish Law Awards.
- Acting for CR2 Limited in arbitration proceedings for breach of contract and recovery of monies owing under contract. Defendant was located in Zambia and work included advices in respect of the arbitration process, drafting arbitration documents and witness statements, attendances at directions hearings, briefing Counsel, advices on jurisdiction issues and the enforcement of an Irish judgment in Zambia, procuring expert witness on Zambian law.