Published Articles

Dublin Commercial Law Update

Thank you to Pinsent Masons for graciously hosting an informative and well-attended evening seminar in their new Dublin offices on 21 November 2019. Thanks also to Mr Justice Michael Quinn of the Commercial Division of the High Court for generously giving of his time to chair the event.

Lyndon MacCann SC gave a fascinating insight into the recent judgment of Mr Justice Barniville in Re Ballantyne RE plc [2019] IEHC 407 – a seminal decision concerning creditor schemes of arrangement. You can download Lyndon’s slides here.

Michael Finn, a litigation partner in Pinsent Masons, gave a very useful presentation on the Supreme Court’s ruling in Merck Sharp and Dohme Corp. v. Clonmel Healthcare Ltd. [2019] IESC 65 – a major development in the law on interlocutory injunctions. Michael also added a timely update on the latest news in relation to the anticipated Intellectual Property and Technology List of the High Court. You can download Michael’s slides here.


Take Steps Now to Avoid Fines of €20m: Overview of the General Data Protection Regulations

Click here to read a briefing on the GDPR by Michael Black and Aisling Byrne of Cleaver Fulton Rankin.


Adjudication in the Construction Industry

Click here for a briefing from Cleaver Fulton Ranking on alternative dispute resolution mechanisms in Northern Ireland following Lord Justice Gillen’s review.


Click here to read a case note by Andrew Singer B.L. on Northern Ireland Housing Executive v. Healthy Buildings (Ireland) Limited [2017] NIQB 43, a decision of Deeny J. on the interpretation of New Engineering Contract 3 (NEC3) Professional Services Contracts.


New Irish High Court Rules – Dublin Seminar

Click here to read a summary by Sinead Drinan B.L. of the seminar held on 20 October 2016 in the offices of Arthur Cox Solicitors on the amendments to the Rules of the Superior Courts concerning case management and conduct of trials, some of which borrow from the civil procedure rules in England & Wales.


Ruling of European Commission in Apple investigation

Click here to read an article by Ronan Daly Jermyn Solicitors analysing the implications of the European Commission’s ruling on arising from its investigation into Apple’s Irish tax arrangements.


Forbes Business Interview with Dan McMahon on Strategy, Value and Efficiency

In this article, Daniel McMahon, Wilson Elser chairman, was interviewed for an article in the June 21, 2016, issue of Forbes Business titled, “Daniel McMahon of Wilson Elser, on Strategy, Value, and Efficiency Derived from Discipline.” Citing the firm’s legal project management mindset and its branded model, ALIGN, Dan explained, “Because the firm started out with the insurance industry, it imposed on us a discipline that’s become embedded in our culture. Early on, Wilson Elser attorneys had to learn to be highly skilled at evaluating and managing cases and resolving them in the most efficient, cost-effective manner while still meeting our clients’ needs.”


Gateley Plc advises on post-Brexit IPOs

Click here to read about BICBA member Gately Plc’s experience of advising on several recent flotations on the London Stock Exchange Alternative Investment Market.


Brexit and the enforcement of foreign judgments

Click here to read Charles Stewart’s article in the Irish Legal News on the impact of Brexit on enforcing judgments in Northern Ireland.  Charles works with Cleaver Fulton Rankin Solicitors in Belfast.


Dr. Vincent Power analyses the European Parliament’s choice for Brexit negotiator

The European Parliament has chosen former Belgian Prime Minister Guy Verhofstadt MEP as its representative on Brexit.  Click here to find out more.

Dr. Vincent Power is a partner in A&L Goodbody, Dublin, specialising in EU and competition law.


Escaping the grip of the penalty clause

Joanelle O’Cleirigh, Dr Robert Clark and Emma Dunne of Arthur Cox analyse the UK Supreme Court decisions in the joint cases of Cavendish Square Holding BV  v. Talal El Makdessi  and ParkingEye Limited v. Beavis [2015] UKSC 16 and assess their impact on the Irish law relating to penalty clauses.  Click here to read the article.

Note that just after this article was published, in Sheehan v. Breccia [2016] IEHC 67, the Irish High Court considered the same issue and declined to follow the UK Supreme Court.


Rolling the dice on the enforcement of foreign gambling debts

In this article, Joanelle O’Cleirigh, Chris Bollard and David Strahan of Arthur Cox discuss the impact of the High Court decision in Sporting Index Ltd. v. O’Shea [2015] IEHC 407 on the cross-border enforcement of gambling debts by companies which offer online betting platforms.


Arthur Cox analyses 10 key differences between employment laws in England and Ireland

Read more here.


“Note taking  – The Use of Live Text-based forms of Communication from Court”

Click here to read this article by Fergal Maguire of Cleaver Fulton Rankin, Belfast.


5th annual British Irish Commercial Law Forum – Belfast

Read a report about the 5th annual British Irish Commercial Law Forum by clicking here

Lord Neuberger President of the Supreme Court of the United Kingdom gave the keynote address in Stormont.

Click on this link to access a copy of his speech.

BICBA would like to thank the sponsors, speakers and the organising committee and conference organisers for a wonderful forum. Papers from the 5th annual British Irish Commercial Law Forum will be posted in the members section shortly.

Click here to read an article published in advance of the conference