Our highly experienced commercial litigation team strives to help clients avoid litigation where possible. We have been at the forefront of the movement towards alternative forms of dispute resolution in Northern Ireland and regularly represent clients in mediation, arbitration and adjudication settings. Where litigation cannot be avoided we guide clients through what can be a difficult process and provide commercially focused, strategic advice to deliver the best possible outcome.
We regularly act in County Court, High Court with experience also in the Supreme Court and European Court of Justice.
What we do
- General commercial disputes including breach of contract and negligence
- Contentious Corporate matters including Shareholder Disputes and SPA Disputes
- Judicial Review
- IP Litigation to include Patent, Trademark and Copyright Disputes
- IT Disputes including issues surrounding procurement of IT Solution and Website Development
- Civil Fraud cases (including dawn raids)
- Banking & Financial Services Litigation
- Insurance Disputes including coverage issues, material non-disclosure etc
- Procurement challenges
- Partnership Disputes
- Media & Broadcasting/Reputation Management
- Product Liability
- Property litigation
- Debt Recovery
What Others Say About Us
Chambers and Partners UK 2019
What the team is known for
Large, pre-eminent team, well versed in disputes arising from a wide spectrum of sectors and industries, including renewable energy and transport, with a proven track record of acting on behalf of important businesses based in Northern Ireland. Typical work includes contentious issues related to procurement, supply contracts and health and safety. Also handles shareholder and pensions related litigation. Continues to advise on high-value commercial disputes, with an increasing amount of mediation work.
One client reports: "Their strength is definitely the ability to understand our commercial position, offering solutions and advice in a way that we can understand and feel is relevant to our industry."
Another source says: "I'm impressed by their preparation and approach. They have the nuances needed to navigate litigation successfully. They are not just aggressive, but fair and practical."
Acted for FP McCann on a long-standing procurement challenge over the award of a major dualling roads project.
Declan Magee acts on a wide range of commercial disputes, and is joint head of the firm's litigation department. A client says: "He has a meticulous knowledge of the law in the area of litigation and this is further enhanced by his desire to understand our business and the markets that we operate in."
Hugh McGrattan is a senior figure in the market who is known for his professional indemnity and insurance expertise. One source highlights his "firm but fair, and practical" approach to litigation.
Associate Lucy Clarke is held in high regard by market commentators for her work on an impressive range of commercial disputes.
The Legal 500 UK 2018
What the team is known for
Carson McDowell’s disputes practice provides ‘an excellent level of service’, as well as ‘straightforward advice’ relating to construction, insurance, media, energy and administrative disputes, among others.
Highlights for 2017 included the ‘determined litigator’ Declan Magee defending the Parole Commissioners for Northern Ireland in a judicial review made by a life sentence prisoner challenging the decision not to release him from custody; the defence was successful.
Declan McGee leads the practice with Roger McMillan, who is well known for his expertise in healthcare matters. The ‘knowledgeable’ Hugh McGrattan acts for insurers and is a key name for professional negligence cases.
Belfast International Airport, the National Trust, and Translink.