Annual Conference – Dublin, 19 April 2018

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CROSSING BORDERS; IN PURSUIT OF LEGAL EXCELLENCE

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Click here to download the full conference programme and useful information for delegates.

The conference programme and the biographies of each speaker are set out below:

 

REGISTRATION 9.00-9.30am

 

9.30am to 10.45am. Corporate fraud – Scotland

Chair: David Casement QC

Judicial lead:

The Honourable Lord Clark, Commercial Judge at the Court of Session

Contributors:

Ireland: Shane Murphy SC

England: His Honour Judge Pelling QC.

Northern Ireland: Niall Murphy, partner in KWR Law

 

10.45-11.15am Coffee

 

11.15am to 12.30am Adjudication – Northern Ireland

Chair: Monye Anyadike-Danes QC

Judicial lead: The Honourable Mr. Justice Horner, Commercial Judge

Contributors:

Ireland: Helen Kilroy Solicitor

England: Andrew Singer QC

Scotland: Craig Connal QC

 

Lunch 12.45 to 2.15pm

 

2.15pm- 3.30pm  Cross-border insolvency – England

Chair: Ed Smethurst

Judicial lead:

Mr Justice Norris, Judge of the Business and Property Courts

Ireland: Michael Quinn Wm Fry Solicitor

Scotland: David Sellar QC

Northern Ireland: William Gowdy

 

3.30-3.45pm Coffee

 

3.45pm to 4.30pm. Data Protection – Ireland

Chair: Robert Browne

Judicial lead: Mr. Justice David Barniville

Contributors:

England: Sam Karim QC

Scotland: Robert Hynd, General Counsel at a tech corporate;

Northern Ireland: Michael King, partner in Cleaver Fulton Rankin;

 

 

Speaker Biographies:

Data protection:-

Ireland – The Honourable Mr. Justice David Barniville

 

Educated: University College Dublin and the Honourable Society of King’s Inns
Called to the Bar in July 1990 and to the Inner Bar in October 2006

Accredited CEDR mediator since 2007

Practised primarily in commercial law (including company law, competition and insurance law, EU law) as well as Constitutional and administrative law including Judicial Review;

Member of the Legal Services Regulatory Authority as a nominee of the Bar Council (October 2016 to 2017) and previously a member of the Courts Service Board, the Judicial Appointments Advisory Board and the Legal Aid Board

Previous chairman of the Bar Council 2014 – 2016

Adjunct Professor of Commercial Law, University of Limerick.

 

England – Sam Karim QC:

Sam is a leading specialist practitioner in domestic and international public law, court of protection and domestic and international arbitration. Before taking silk, he was a member of the Attorney General Panel of Treasury Counsel for over a decade representing central government in high-profile proceedings. He has experience in all levels and types of courts and tribunals and regularly appears in the appellate courts. Sam is a Member of the Chartered Institute of Arbitrators and is admitted as a practitioner in the Dubai International Finance Centre (DIFC) Court.

Sam is head of the Administrative/Public Law and the Court of Protection Team. Sam is also the Director of Pupillage Training.

Year of Call: 2002

Year of Silk: 2017

 

Scotland – Robert Hynd:

Robert is General Counsel of the Damovo Group, an international group providing Enterprise Telecommunications Services, with local operating subsidiaries throughout Europe and working in 116 countries worldwide. An experienced corporate lawyer and company secretary, Robert has had a varied career as a partner and consultant in corporate firms throughout Scotland, in a financial services provider and in a tech company. He has been a member of the Law Society’s Banking and Company Law Committee since 1987 and has also served on other Society Committees.

 

Northern Ireland – Michael King:

A commercial litigator and director in Cleaver Fulton Rankin’s dispute resolution team. He heads CFR’s Cyber Risk Unit which was set up in January 2017.

His main area of work is contentious intellectual property. He has litigated in all areas of intellectual property.

His practice also includes advising on data protection issues. In January 2016 he became a data protection practitioner.

An increasing amount of his work has at least some aspect involving the internet, particularly social media. Data protection issues are also increasingly coming up.

 

Cross-border insolvency:-

 

CHAIR:- David Casement QC

David was appointed as a Part-time Judge (Recorder) in 2005, a Queen’s Counsel in 2008 and a Deputy High Court Judge (Queen’s Bench and Chancery Division (now the Business and Property Courts)) in 2013. David is a member of the Bar of England and Wales, the Bar of Ireland and the Bar of Northern Ireland. He was a founding co-chair of the British Irish Commercial Bar Association and a former Chairman of the Norther Circuit Commercial Bar Association.

David specialises in chancery and commercial litigation. He is regularly instructed in large-scale disputes involving company, LLP and partnership disputes advising and representing companies, directors, shareholders, members and partners. He covers the full range of commercial litigation such as banking, finance and securities and professional negligence. He also specialises in all aspects of insolvency litigation and has acted for office-holders and third parties in corporate and personal insolvency disputes. David has acted for claimants and defendants in commercial fraud litigation and asset tracing across multiple jurisdictions. David has also represented trustees and beneficiaries in trust litigation including the liability of trustees and obtaining information regarding assets and the terms of settlements.

 

Ireland – Michael Quinn

Michael is Head of William Fry’s Insolvency & Corporate Recovery Department with extensive experience in advising liquidators, receivers, examiners, administrators, trustees, financial institutions, investors and creditors. He also advises on commercial litigation and dispute resolution.

Michael is a member and past President of INSOL Europe (European Insolvency Practitioners Association) and is a founder member and former Chairman of the Irish Society of Insolvency Practitioners. He is a CEDR Accredited Mediator and regularly presents at the Law Society of Ireland in the areas of insolvency law and practice.

 

England;- The Honourable Mr. Justice Norris, Judge of the Business and Property Courts:

Mr Justice Norris is a judge of the High Court, Business and Property Courts, (formerly the Chancery Division) and has also been appointed as a chairman of the Competition Appeal Tribunal. After reading law at St John’s College, Cambridge Mr Justice Norris was called to the Bar by Lincoln’s Inn and practised in London as a barrister and as Queen’s Counsel until 2001. He was then appointed as the Chancery Judge at Birmingham where he sat for 6 years presiding over many insolvency cases (including the insolvency of the MG-Rover Group). Some of his judgments there modelled ideas that have been developed into mainstream approaches across the European Union. On appointment to the High Court (Chancery Division) in 2007 he returned to London where his insolvency and restructuring work continued. He is currently the Chair of the Insolvency Rules Committee and has been active in the preparation of the new English Insolvency Rules. He is a regular speaker at global insolvency conferences and has participated in judicial training of insolvency judges in Africa, India and South-east Asia.

Scotland – David Sellar QC:

David Sellar QC has done company and insolvency work for well over 30 years, having worked in those areas in the City of London, been a partner in a solicitors’ firm in Scotland and also taught at Edinburgh University. Much of David Sellar’s work is advisory in the course of proposed transactions. It also includes applications to the Court of Session in relation to takeovers, capital structures and insurance and banking business transfer schemes, including all of the demutualisations of Scottish insurance companies since 1996. David is ranked in the current edition of Chambers and Partners UK Bar guide for Company law, Insolvency/Restructuring, Pensions and Commercial Dispute resolution.

 

Northern Ireland – William Gowdy:

Highly respected and experienced chancery counsel qualified in English and European law, with a recognised specialty in insolvency. He has appeared in many high profile insolvency cases. William has also published:

(i) Finance Act 2006: Reforms to the Inheritance Tax Regime For Trusts (SLS 2007);

(ii) Individual Insolvency: The Law and Practice in Northern Ireland (SLS 2009); (iii) Corporate Insolvency: The Law and Practice in Northern Ireland (SLS, 2012); (iv) Contributing editor on Northern Ireland law, Buckley on the Companies Acts.

The latter 2 are with Stephen Gowdy and are considered the leading works for Northern Ireland and are routinely cited.

 

Corporate fraud:-

 

Ireland – Shane Murphy SC

 

Shane was called to the bar in 1987. He became a Senior Counsel in 2000. He has practiced in the field of both criminal law and civil law. He has prosecuted and defended criminal cases in relation to corporate criminal liability in connection with fraud. He has also advised the Criminal Assets Bureau and the Garda Bureau of Fraud Investigation. He has acted in commercial litigation and also in a number of significant constitutional cases including Pringle v Ireland where the Irish Supreme Court and subsequently the Court of Justice of the European Union dealt with the validity of emergency measures taken by the Irish Government in the light of the 2008 financial crisis. He is the consulting editor of Corporate Crime (Bloomsbury) 2011.

 

England – His Honour Judge Mark Pelling QC;

A Specialist Circuit Judge of the Business and Property Courts (Chancery) in Manchester since 2006, Judge Pelling also sits as a Deputy in London. He took Silk in 2003. He practised from the major commercial set of chambers 3 Verulam Buildings, London. He had a flourishing commercial practice at the Bar and in international arbitration prior to his appointment to the Bench. Whilst at the Bar he was a Recorder, Mediator and Adjudicator. He served on the Board and was Chairman of the Board of Governors of Ravensbourne College of Design and Communication from 1992-2000.

Scotland – Lord Clark, Commercial Judge at the Court of Session:

The Hon Lord Clark was appointed a Judge of the Supreme Courts in May 2016. Mr Clark, a graduate of Glasgow and Strathclyde Universities, was formerly a university lecturer. He was called to the bar in 1994 and took silk in 2007. Mr Clark has conducted cases in the Sheriff Court, High Court, Lands Tribunal, Court of Session, House of Lords and the Supreme Court. He was Convenor of the International Committee of the Faculty of Advocates. He is the author of the book ‘Product Liability’, as well as contributions to the Stair Memorial Encyclopaedia of Scots Law, and a number of articles in legal journals.

 

Northern Ireland – Niall Murphy:

He is a qualified Advanced Advocate and became a partner in Kevin Winters & Co at only 26 years. He has a long and respected track record in criminal defence work and has conducted cases from the full range of criminal offences, including those involving public inquiries and complex fraud investigations. He is currently involved in cases concerning the sale of National Asset Management Agency Assets (NAMA) in Northern Ireland. He is also known for his human rights work and in March 2017 was honoured for his dedicated service to human rights.

 

Adjudication:-

 

Monye Anyadike-Danes QC has over 30 years’ experience as a corporate and commercial lawyer and as a practising advocate. She has been a member of Chambers at 2 Temple Gardens, London since 1981 and has practised in Northern Ireland since 1997. She was called to the Bar in the Republic of Ireland in 2001 and was appointed Queen’s Counsel in 2007. She is a member of the Chartered Institute of Arbitrators. She qualified as a Mediator in 2002 and is CEDR accredited. She has extensive experience in Construction Law; Commercial Law; Public Procurement; Insolvency and all forms of Alternative Dispute Resolution – Arbitration, Conciliation, Construction Adjudication and Commercial Mediation. She also worked in the Caribbean on trade, development & international business for 9 years.

 

Ireland – Helen Kilroy

Helen’s practice covers commercial disputes, related advisory work and mediation. She has wide-ranging experience in corporate disputes, particularly shareholder disagreements and breach of warranty claims. She advises law firms and their insurers in professional negligence claims and partnerships in various professions. She has wide-ranging experience in property disputes, compulsory purchases, statutory investigations and enforcement. She is an accredited CEDR mediator and has conducted over 150 commercial disputes.

 

England – Andrew Singer:

Andrew practices exclusively in the field of construction and associated professional negligence actions and appears regularly in the Technology & Construction Court and as Counsel in construction related arbitrations as well as appointments as arbitrator. Andrew enjoys a sizeable construction practice with work derived throughout England, Wales, Northern Ireland and the Republic of Ireland.

His practice is exclusively in Construction and Engineering disputes and associated Professional Negligence actions. Andrew has also gained wide experience in the provision of procurement advice. He is an accredited mediator with the ADR Group, an arbitrator and adjudicator and is listed on the TECBAR’s panels. He sits as a part time Judge in the TCC and is a County Court Recorder.

Year of Call: 1990; 1996 Northern Ireland; 2014 Republic of Ireland

 

Scotland – Craig Connal QC:

Craig is a Partner who is qualified in Scotland, England and Wales. As a solicitor-advocate in both jurisdictions he has rights of audience in all courts, civil and criminal, up to and including the Supreme Court of the United Kingdom.

Craig has appeared in high profile and complex litigation in a wide variety of courts, inquiries and tribunals. His practice covers an equally wide range of areas, from planning to pensions, insolvency to IP, environmental to employment, regulatory to contracts and all points in between. He has a particular interest in judicial review. He was the first solicitor-advocate in Scotland to be appointed to the rank of Q.C. (Queens Counsel) and is Convener of the Law Society of Scotland Supreme Courts Training Course (Civil).

He has appeared in the Supreme Court. He sits as an arbitrator and is a NITA (National Institute for Trial Advocacy) accredited trainer in advocacy.  He is registered to appear in the DIFC Court, Dubai.

Craig won Solicitor Advocate of the Year category in The Law Society Excellence Awards 2012.

 

Northern Ireland – The Honourable Mr. Justice Mark Horner:

The Honourable Mr Justice Horner was called to the Bar of Northern Ireland in 1979 and took Silk in 1996. From 2008, until his appointment to High Court Judge, Mr Justice Horner was an Independent Assessor for Compensation in victims’ cases in relation to miscarriages of justice. He was the Chancery Judge until mid-2017 when he became the Commercial Judge.