Commercial Litigation and Dispute Resolution

Litigation Department

Since its inception, the bedrock of the firm has been its Commercial Litigation practice. In this regard the firm has acted in a wide variety of high profile disputes, including those in the areas of professional negligence, fraud, intellectual property, construction, judicial review, financial regulation and property disputes.

 

We provide our clients with pre-dispute advisory services and manage all stages of the formal litigation process. Our goal in advising clients on contentious matters is to achieve an outcome which is cost effective and meets their business needs. We also advise on legal actions arising under the Companies Acts, with a particular emphasis on shareholder and boardroom disputes.

 

Our aim is to help our clients avoid disputes wherever possible. In this regard, we are aware of the benefits afforded by all forms of alternative dispute resolution such as mediation and conciliation. We encourage clients to use these methods wherever appropriate.

 

 

Recent Litigation:

 

  • Successfully settled a professional negligence action relating to an unsuccessful commercial property investment for a group of 55 plaintiffs;

 

  • Successfully settled a Commercial Court action relating to fraud and misappropriation of earnings;

 

  • Acted for the Applicant in the High Court and Court of Appeal in judicial review proceedings challenging the Central Bank’s Interpretation of the Central Bank Acts 1942-2015;

 

  • Acting for the Defendant in the largest commercial court action ever initiated against the director of an Irish Company; and

 

  • High profile Supreme Court Appeals in the areas of Bankruptcy, Family Law and Intellectual Property, specifically computer code Copyright Infringement.

 

Recent Publications

 

Legal Updates

INED Directors held personally liable for Company Fraud

 

ECJ Rules Publication of Beneficial Owner

 

Central Bank Fines UCITS ManCo Regulatory Breaches

 

Bank of Ireland Fined €100m for regulatory breaches

 

Central Bank imposes €1.82 million fine on Danske Bank

 

AML – New Guidance on Penalties for Breaches

 

Record Fine by Irish Financial Regulator

 

Record Fine for Meta

 

GDPR Fine of €17 million for META

Kevin Lynch

Founding Partner

Kevin Lynch is a founding partner of Clerkin Lynch. He trained and qualified as a solicitor in a leading Dublin law firm, where he worked for 7 years prior to establishing Clerkin Lynch. Kevin has particular expertise in the areas of commercial law, commercial litigation and contentious and non-contentious construction law.

More about Kevin Lynch