Administrative Law or Judicial Review
Commercial Law
Human Rights
Public Inquiries
Started practice in Northern Ireland in 1997 having been called to the Bar in England in 1980 (Gray’s Inn). Worked in the Caribbean on trade, development & off shore business for 9 years as well as lecturing on commercial law.
Member of chambers at 2 Temple Gardens, London EC4Y 9AY
Member of Commercial Court Liaison Committee & Commercial Bar Association, vice-chair of Bar pro-bono group & on the Women’s Mentoring Programme.
Qualifications:
2014; Centre for Effective Dispute Resolution, Mediator training
2002; ADR & Mediation training (Belfast)
1983; MPhil (Cambridge)
1979; Dip LL.B (London)
1978; BA (Bristol)
Memberships:
2014;
2012; Justice
2002;
2001; Bar of the Republic of Ireland
1997; Bar of Northern Ireland
1991; Bar of St Vincent & the Grenadines
1980; Bar of Engalnd & Wales, Gray’s Inn
Qualified as a Mediator in 2002, CEDR accredited Mediator registered with the Dispute Resolution Service, Northern Ireland.
Over 30 years as a commercial lawyer with extensive experience in: construction law, commercial law, public procurement, insolvency and in all forms of alternative dispute resolution including - arbitration, conciliation, adjudication and mediation. Experience in judicial review and acting for public bodies. Full cv is available on request.
Sample of cases:
Commercial law, public procurement, arbitration and adjudication:
Mel Davidson Construction v Northern Ireland Housing Executive [2014] NIQB 110 (enforcement of Adjudicator’s decision, serial adjudications, abuse of process)
Sutton Services International Limited v Vaughan Engineering Limited [2013] NIQB 63 (resisting enforcement of an Adjudicator’s decision, concerns over financial standing)
Stothers (M&E) Limited v Leeway Stothers Limited [2011] NIQB 35 (meaning of “qualified electrician” in a public procurement contract, use of concurrent expert evidence)
D G Williamson Limited v Northern Ireland Prison Service & another [2009] NIQB 8 (enforcement of construction Adjudicator’s decision, counterclaim)
Deane Public Works Ltd v Northern Ireland Water Ltd [2009] NICh 8 (application of EU principles to below threshold public procurement)
Scott, Gerard Martin & others v Belfast Education and Library Board [2007] NICh 4 (implied tender contract in below threshold public procurement)
Norbrook Laboratories Limited v Tank, Moulson Chemplant Limited [2006] EWHC 1055 (Comm); [2006] 2 Lloyd’s Rep. 485; [2006] B.L.R. 412 (removal of an Arbitrator for failing to properly conduct Arbitration proceedings)
Business failure, administration, insolvency & bankruptcy:
Odyssey Pavilion LLP (in administration) & another v Marcus Ward Limited & another [2011] NICh10 (estoppel by representation)
Cooper, Samuel v Houston, John & others; in re bankruptcy of the estate of Cooper, Samuel [2005] NICh 1; [2006] NI 103 (Trustee’s fees determined by the Court)
Coleraine Football and Sports Club; in re (company insolvency) [2005] NICh4; [2006] NI 159 (resisting injunction to prevent an Administration Order being made)
Judicial Review and acting for public bodies:
Northern Ireland Human Rights Commission; in re application for judicial review [2012] NIQB 77 (compatibility of NI adoption law with European Convention on Human Rights)
Northern Ireland Human Rights Commission; in re application for judicial review [2013] NICA 37 (compatibility of NI adoption law with European Convention on Human Rights)
Attorney General for Northern Ireland & another v Senior Coroner for Northern Ireland [2013] NICA 68 (obligation of coroner to conduct inquests into stillbirths)
AB v Down District Council [2012] NICA 60 (Article 6 ECHR, when an employee is entitled to be accompanied by a legal representative at a disciplinary hearing)
Unamoyo, Miliami; in re application for judicial review[2010] NIQB 17; [2011] NI 1 (challenge to Secretary of State’s interpretation an application of S 98(2) of the Immigration and Asylum Act 1999 refusing temporary support to Congolese asylum seeker pending the determination of her appeal)
Walsh, Richard; in re application for judicial review [2010] NIQB 55 (obligation to award a Community Care Grant)
Senior Counsel for the Public Inquiry for Hyponatraemia-related deaths advising, investigating & interrogating on clinical & governance issues:
O’Hara, John Ailbhe v Belfast Health and Social Care Trust [2012] NIQB 75; [2013] NIJB 327 (disclosure of medical records to the Public Inquiry, Article 8 ECHR, public interest)
Sample of papers:
Keep an eye on your compass: seeking direction in Public Inquiries - Annual Conference Paediatric Intensive Care Society, Newcastle 2014
Commercial mediation within today’s judicial system - Chartered Institute of Arbitrators (NI) Branch, 2014
How mediation can or should be used prior to arbitration - Valuers Arbitration Group, 2014
Adjudication: resisting judgment; how do they do it? - Adjudication Society (NI) 2014
Mediation privilege - Chartered Institute of Arbitrators (Irish Branch) 2014; Irish Law Times No 15, 2014
Directors’ responsibilities: in sickness & in health – Women in the Law Seminar Series, 2013
McKenzie Friends & rights of audience – NI Commercial Bar Association, 2011
Administration & qualifying floating charge-holder – Association of Business Recovery Professionals, 2009
Adjudicator’s jurisdiction: traps for the unwary, problems on enforcement - Chartered Institute of Arbitrators (NI), 2007
Arbitrator’s role in the control of costs - Chartered Institute of Arbitrators (NI), 2003