Barrister Profile

Main Areas of Practice

Commercial Law
Company Law
Insolvency
Professional Negligence

Biography

I have been in active private practice since 2007. I accept instructions in all aspects of commercial and chancery work, both contentious and non-contentious.

My key areas of practice are insolvency, financial litigation and professional negligence. I act for lenders and borrowers in contested enforcement actions and in contested insolvency proceedings, and for the same parties in mis-selling claims. I act for debtors, creditors, office-holders and other stakeholders in all aspects of insolvency law. The focus of my professional negligence practice is on solicitors’ negligence, acting for lenders and private clients and for insurers.

I regularly advise insolvency office holders on various matters arising in the course of insolvency cases, and lenders and borrowers on the enforceability and effectiveness of security documentation, on matters relating to title to property and on strategy relating to potential and threatened insolvency situations, including cross-border insolvencies. I have advised lenders and financial bodies on financial regulatory law and its application. I advise generally on Company law issues, on trusts, estates and charities, real property law and landlord and tenant law.

Qualifications

MA (Oxon), Jurisprudence (English Law with European Law) (First Class)

Awarded MacGrigors’ Prize for Taxation Law

Certificate of Professional Legal Studies (Distinction), Queen’s University, Belfast

Law Society of Northern Ireland/SLS (NI) Advanced Dispute Resolution and Mediation Course

Experience

Fulton v AIB Group (UK) plc [2017] NICA 44 – whether order for specific discovery can/should be made in application to set aside statutory demand

Quinn v Irish Bank Resolution Corporation [2017] NI Master 3 – cross-border insolvency – effect of discharge from bankruptcy in NI on court-appointed receiver in Republic of Ireland

Thompson v RP Crawford [2016] NIQB 83 – professional negligence – strike out of case brought by litigant in person

Charity Commission for NI v Attorney General for NI [2016] NICA 37 – charities –whether single charity trustee has standing to appeal to Charity Tribunal

Official Receiver v Doyle [2016] NI Master 7 – application to set aside transfer of land as undervalue or preference

Farrell v Brien [2016] NICh 9 – validity of receiver’s appointment

O’Neill, Geraldine Patricia v Ulster Bank Limited [2015] NICA 64; [2014] NICh 29 – application to set aside statutory demand - whether lender on notice of undue influence in loan advanced to husband and wife to purchase property in joint names

Tesco (Ireland) Limited v Moffett, William and others [2015] NIQB 68 – enforcement of New York Convention Award – whether Defendants had proper notice of proceedings

Bank of Ireland Mortgage Bank v Sheridan, Brenda Mary & another [2015] NICh 12 – whether failure to file notices in Court rendered IVA void

Official Receiver v Urey, Julie-Ann [2015] NICh 11 – whether matrimonial settlement constituted a post-petition disposition on bankruptcy of husband

Curistan, Peter Gerard v The Official Receiver for Northern Ireland [2015] NICh 10 – standing to challenge decision of liquidator to sell shares

Charity Commission for Northern Ireland v Bangor Provident Trust & another [2015] NICA 21; [2014] NICh 19 – whether “conducive” power affected charitable status of society

Morton, William Edward Alexander v First Trust Financial Services Limited [2015] NIQB 46 – effect of acceptance of Financial Ombudsman Award – whether res judicata

McVicker, Richard William v Harkness, Richard & others [2015] NIQB 6 – taxation of brief fee on 50:50 compromise settlement

A solicitor; in re Solicitors (Northern Ireland) Order 1976 [2014] NIQB 98 – appeal against determination of Law Society Client Complaints Committee – whether solicitors had provided adequate professional services

The Mortgage Business PLC and Bank of Scotland PLC (trading as Birmingham Midshires) v Thomas Taggart and Sons [2014] NICh 14 – mortgagee’s entitlement to mortgagor’s solicitor’s file on foot of a power of attorney

Swift Advances PLC v McKay, Michael Gerard & another; Swift Advances PLC v Dalrimple, Gerard & another [2013] NICh 3 – whether further advance on regulated loan was modifying agreement

Sterritt, Gregg (as administrator of Forthouse Developments Limited) v Allied Irish Banks Limited & others [2013] NICh 6 – directions application to determine extent of purchasers’ liens and priority as against legal charge

Northern Bank Limited v Martin, Lawson & another [2013] NICh 1 – whether VAT invoice submitted by equitable mortgagee is valid

McBrearty, Frank & another v AIB Group (UK) PLC t/a First Trust Bank & First Trust Independent Financial Advisers Limited [2012] NIQB 12 – alleged mis-selling of investment products

AIB Group (UK) PLC v Personal Representative of Aiken, James (deceased) & others [2012] NIQB 51 – whether allegations of negligent financial advice answer to claim for repayment of bridging loan

Fitzsimons, Paul & anor p/a Fitzsimons, Kinney, Mallon Solicitors v AIB Group UK PLC & another [2012] NICh 17 – whether life assurance on trust

Callender Street Trustees Limited (as Trustees of MKB Property Unit Trust) v LIDL Northern Ireland Limited GmbH [2012] NICh 14; [2013] NIJB 116– construction of covenant against using premises as “supermarket for the sale of discounted foods”

Bank of Scotland plc v Brogan, Terence & another [2012] NICh 21; [2013] NIJB 248– existence and quantum of common intention constructive trust

Publications

The Finance Act 2006: Reforms to the IHT Regime for Trusts (SLS, 2007)

Individual Insolvency: The Law and Practice in Northern Ireland (SLS, 2009) (with Stephen T Gowdy)

Corporate Insolvency: The Law and Practice in Northern Ireland (SLS, 2012) (with Stephen T Gowdy)

Contributing Editor on Northern Ireland law to Buckley on the Companies Acts.