Business Dispute – Case Studies
We have successfully handled numerous business disputes for our clients. Here are some of the kinds of cases we deal with. We believe in success and your success is our success.
Construction and Real Estate
Advised a client in relation to three connected Commercial Court cases in respect of converting a debt into a security interest over a €100m hotel redevelopment and ancillary injunction proceedings which also involved successfully defending an action by a bank seeking to enforce a priorities agreement.
Defence of a €1.8 million Commercial Court dispute in respect of a contract variation clause in a development contract with one of Ireland’s leading building companies. We settled the matter successfully for our clients.
Setting aside of planning enforcement notices and successful defence of proceedings brought by a Local Authority in relation to the demolition of a residence and removal of a sewage recycling plant.
High Court action for retail landlord against tenant in relation to breach of covenant for non-payment of rent of €500,000.
Acted for a Plaintiff in Commercial Court dispute over ownership of a shopping centre, breach of pre-emption rights under the Companies Acts and issues of discovery before the Supreme Court. Value of dispute €11.5 million. Matter settled to the satisfaction of client.
Manufacturing & Product Liability
Successfully acted for a Plaintiff in multi-million euro claim for damages and breach of contract in the High Court. Dispute with a leasing company who had trucks manufactured for our client, to be leased to it for use in its logistics business, however, the trucks had latent defects.
Settled a significant case, involving negligent misrepresentation, tort and product liability, for a food company against an International company in respect of defective freezer equipment that caused loss to our client’s business and ultimately resulted in a receiver being appointed. We successfully secured the receiver’s consent to take the action and received a waiver from the receiver to the proceeds of the action.
Victory for a Financial Underdog and pre-trial settlement in a Commercial Court case in multi-jurisdictional proceedings taken in Ireland, the UK, the Isle of Man and Jersey in respect of a receivership and the sale of Stg£47M of assets and in relation to a hedge fund product. We saved our client £8M in relation to sums due to a bank.
Acted in a successful injunction action on behalf of directors representing a substantial investor against an Irish public listed company to which an Inspector was ultimately appointed to investigate, inter alia, the allegations made by our clients.
Multiple actions taken for investors in relation to the mis-selling investment funds with lending institutions. Typical size of claim €100,000 – €5,000,000.
Successful pre-trial settlement of a dispute with a lending institution over ownership of multiple defendants’ shares in multi-million euro healthcare business.
Mediation of a dispute between two parties that owned a nursing home, retirement village and development sites valued in excess of €5,000,000. Successful outcome for our client.
Defended High Court injunction proceedings and subsequent litigation in relation to a €50 million wind farm and an agreement to use an easement over lands which had a connector cable running over it to the electricity grid. Won denial of the preliminary injunctive relief sought by plaintiffs. Successfully saved client €2 million.
Business to Business
Action against an international hotel chain in respect of a €2 million contract to supply furniture. Successful in recouping 100% of sums due and owing.
Acted for a commercial vehicle leasing company defending an interim injunction brought by a competitor over the sale of two machines worth in excess of €500,000.
Acted for Plaintiff in a fraud, deceit and negligent misstatement claim that was won after a 6 week hearing in the High Court and again on appeal in which the damages were paid by one of the main Irish banks who were a party to the action.
Trusts & Off-shore
Action against an offshore trust with assets of €30 million in order to regain control of trust assets for client. First case in Irish Courts to look through a trust on the basis of family law. Case successfully settled for client.
Representing one of Ireland’s largest logistics company at the Employment Appeals Tribunal in relation to an employee taking an unfair dismissals action. Successfully settled before the hearing.
Representing 20 employees in relation to a redundancy in respect of a foreign media company shutting down operations in Ireland and successfully negotiating a settlement following proceedings in front of a Rights Commissioner and the Labour Court.
Representing major fast food group in relation to a constructive dismissals case and settling same at mediation pre-trial.
Acting for a foreign company in defence and counterclaim in relation to a multi-million euro computer product distribution agreement dispute relating to anti-competitive behaviour and breach of agreement.
Acted in several minority oppression of shareholder cases in relation to technology and associated industries and involving breach of director’s duties, theft and fraud, fraudulent and reckless trading, unfair dismissals and associated matters.
Defending a client in relation to a shareholder dispute and injunction in relation to a €10 million pharmaceutical company, successfully negotiating exit for shareholder.
Defending clients in relation to an application by the Director of Corporate Enforcement to strike them off as directors of a pharmaceutical company.
Defending a receiver in relation to his actions as Plaintiff in respect of a multi-million euro anti-competition claim against cement companies.