Year of Call: 2004

Profile

Ciaran took a double First from Oxford, winning the Gibbs, John House and Shell Prizes, a Brasenose College Open Scholarship and two full Blues. Thereafter he joined the Foreign & Commonwealth Office as a fast-stream diplomat, serving overseas at the United Nations in New York and the British Embassy in Lisbon. On leaving the Diplomatic Service, Ciaran completed the Diploma in Law (CPE) at City University, where he achieved a Distinction and won the Maitland Chambers Advocacy Prize. At Bar School, he was classed as Outstanding, winning the Barstow Scholarship and the Sweet & Maxwell Company Law Prize. He was awarded Hardwicke, Lord Haldane, Lord Mansfield and Megarry Scholarships by Lincoln’s Inn and also won the Buchanan Prize and Sir Louis Gluckstein Advocacy Prize.

Ciaran specialises in commercial and Chancery litigation and arbitration (domestic and international). His practice includes business agreements and general contractual disputes, civil fraud and asset tracing, company and insolvency matters, property litigation (landlord and tenant and real property), energy and minerals, trusts, fiduciaries and professional negligence. Ciaran has wide ranging advocacy experience, and has appeared before courts and tribunals of all levels, from the Supreme Court and Privy Council down. He is regularly instructed in large scale international disputes (including enforcing and challenging arbitral awards, international debt recovery and obtaining and resisting freezing orders). He has been instructed in relation to disputes in a number of offshore jurisdictions, including Jersey, the Cayman Islands, Anguilla, St Vincent and the Grenadines and Hong Kong. He has also acted in a number of claims for and against sovereign states.

Ciaran acted for the successful appellant in Gamlestaden v Baltic Partners the landmark decision of the Privy Council on the scope of the unfair prejudice remedy for company shareholders, for the successful respondent in Bocardo v Star Energy, the first consideration by the Supreme Court of the extent of title and trespass to land at great depth, the successful respondent in IPCO v NNPC, the leading decision of the Court of Appeal on the part enforcement of New York Convention arbitration awards, the successful appellant in NML v Argentina, the first appellate decision on the relationship between the State Immunity Act 1978 and the Civil Jurisdiction and Judgments Act 1982 (now on appeal to the Supreme Court), the successful claimant in Donegal v Zambia, a major Commercial Court action raising issues of state immunity, illegality and bribery, penalty clauses and the availability of freezing relief against sovereign state, and  Meretz v ACP, the leading decision of the Court of Appeal on the torts of unlawful means conspiracy and inducing breach of contract. Ciaran is currently acting for OJSC Rosneft Oil Company, defending a claim in the Commercial Court for over £425 million, in proceedings forming part of the long-running Yukos litigation.

Reported cases include:

Business agreements and general commercial disputes

Mentmore International Ltd v Abbey Healthcare (Festival) Ltd [2010] EWCA Civ 761 – a successful appeal against an order for summary judgment on claims arising from an agreement for the sale and purchase of care home businesses, involving issues as to the proper test to be applied on an application for summary judgment, the scope of best endeavours obligations, contractual construction and the Contracts (Rights of Third Parties) Act 1999. (CA)

NML Capital v The Republic of Argentina [2010] EWCA Civ 41; (2010) 1 CLC 38; Times, May 7, 2010 - a successful appeal in which the Court declared that the English court did not have jurisdiction to hear a claim to enforce a New York judgment in excess of $300m against Argentina, involving novel points of English procedural law concerning claims against sovereign states and the construction of, and relationship between, the State Immunity Act 1978 and the Civil Jurisdiction and Judgments Act 1982. (CA) On appeal to the Supreme Court.

NML Capital v The Republic of Argentina [2009] EWHC 110 (Comm); (2009) 2 WLR 1332; (2009) 1 Lloyd's Rep 378; (2009) 1 CLC 60; (2009) QB 579; Times, February 11, 2009 - a claim in the Commercial Court to enforce a New York judgment in excess of $300m against Argentina, involving novel points of English procedural law concerning claims against sovereign states and the construction of, and relationship between, the State Immunity Act 1978 and the Civil Jurisdiction and Judgments Act 1982. (Comm)

North Principal Investments v Greenoak Renewable Energy [2009] EWHC 18 (Ch) - successfully defending multi million euro claims in relation to rights to own and develop a wind farm of the German/Danish coast. (Ch)

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2008] EWCA Civ 1157; (2009) 1 Lloyd’s Rep 89; (2009) 1 Lloyd's Rep 89; (2008) 2 CLC 550; (2009) BLR 71; (2009) Bus LR 545; Times, November 11, 2008 – successfully resisting an appeal against the part enforcement of a New York Convention arbitration award. (CA)

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2008] EWHC 797 (Comm);  (2008) 2 Lloyd’s Rep 59; (2008) CLC 738 - a successful application to enforce a Nigerian (New York Convention) arbitration award worth over $150m within the jurisdiction notwithstanding an application to set aside the award in Nigeria (ss.101-103 of the Arbitration Act 1996).

Langston Group Corporation v Cardiff City Football Club [2008] EWHC 535 – application for summary judgment by the holder of nominal £24 million fixed rate redeemable loan notes issued by Cardiff City Football Club, raising issues of contractual construction, waiver and novation. (Ch)

Donegal International Ltd v Zambia & Anor [2007] EWHC 197 (Comm); (2007) 1 Lloyd's Rep 397 - a successful debt recovery action in the Commercial Court against a sovereign state, involving extensive jurisdictional disputes and questions as to freezing relief against sovereign states. (Comm)

Meretz Investments NV & Anr v ACP Limited & Ors [2006] EWCA Civ 1193 – security for costs – practice. (CA)

Property

Star Energy Weald Basin Limited v Bocardo SA [2010] UKSC 35, a landmark case concerning trespass by oil pipelines at depth, in which the Supreme Court considered how far the title of a surface owner extends below the surface and the scope of the tort of trespass. (Supreme Court)

Crest Nicholson (Londinium) Limited v Akaria Investments Limited [2010] EWHC 243 (Ch) A multi-million pound dispute about payments allegedly due from the owner of a shopping centre to the claimant property developer, involving issues as to whether an agreement had been reached by correspondence, authority and interpretation of a development agreement. (Ch)On appeal to the Court of Appeal, judgment pending.

Star Energy v Bocardo [2009] EWCA Civ 579: (2010) Ch 100: (2010) 1 All ER 26: (2009) 25 EG 136 (CS) : (2009) NPC 78 - - a successful appeal to the Court of Appeal against a decision awarding substantial damages to Mr Al Fayad’s company Bocardo SA for trespass by Star Energy's substrata oil pipelines. (CA).

Meretz Investments NV & Anr v ACP Limited & Ors [2007] EWCA Civ 1303; (2008) Ch 244; Times, January 2, 2008 - the first consideration by the Court of Appeal of the decision of the House of Lords in OBG v Allan on economic torts and its application to the torts of conspiracy to harm by unlawful means and inducing breach of contract. (CA)

Barclays Bank plc v Trevor Guy (see [2008] 15 EG 173 (CS))– a successful application for summary judgment on the bank’s claim for a declaration as to the enforceability of a registered charge over a property alleged to have been fraudulently transferred where the chargor’s title was registered at the date of the charge to Barclays. (Ch)

Meretz Investments NV & Ors v ACP Limited and Ors [2006] EWHC 74 (Ch); (2007) Ch 197; (2006) 3 All ER 1029; Times, April 27 2006; (2006) 6 EG 170 (CS) - successfully defending a claim alleging breach of a mortgagee’s duties, breach of contract and economic torts. (Ch)

Wembley National Stadium Limited v Wembley (London) Ltd & Ors [2007] EWHC 756 (Ch); (2007) L & TR 36; (2007) NPC 43; Telegraph, April 26 2007 - a successful claim for declarations and a money judgment on a service charge dispute relating to Wembley Stadium, raising issues of contractual construction and under the  Landlord and Tenant (Covenants) Act 1995. (Ch)

Coors Holdings Ltd v Dow Properties Ltd [2007] EWCA Civ 255; (2007) NPC 37 - successfully resisting an appeal to the Court of Appeal on the construction of a rent review provision. (CA)

Meretz Investments NV & Ors v ACP Limited and Ors [2006] EWHC 74 (Ch); (2007) Ch 197; (2006) 3 All ER 1029; Times, April 27 2006; (2006) 6 EG 170 (CS) - successfully defending a claim alleging breach of a mortgagee’s duties, breach of contract and economic torts. (Ch)

Civil Fraud

Lindsay v O’Loughnane [2010] EWHC 529 (QB) – defending claims in deceit and to pierce the corporate veil against the director of a foreign exchange trading company. (QB)

Donegal International Ltd v Zambia & Anor [2007] EWHC 197 (Comm); (2007) 1 Lloyd's Rep 397 - a successful debt recovery action in the Commercial Court against a sovereign state, involving consideration of the law of illegality and bribery. (Comm)

Energy and Minerals

Star Energy Weald Basin Limited v Bocardo SA [2010] UKSC 35, a landmark case concerning trespass by oil pipelines at depth, in which the Supreme Court considered the scope of the rights of the holder of a statutory licence to search, bore for and get petroleum in the UK and the compensation payable for the compulsory acquisition of rights under the Mines (Working Facilities and Support) Act 1966 and the Petroleum Act 1934. (Supreme Court)

Star Energy v Bocardo [2009] EWCA Civ 579, (2009) 3 WLR 1010 : (2010) 1 All ER 26 : (2009) 25 EG 136 (CS) : (2009) NPC 78 - a successful appeal to the Court of Appeal against a decision awarding substantial damages to Mr Al Fayad’s company Bocardo SA for trespass by Star Energy's substrata oil pipelines. (CA).

North Principal Investments v Greenoak Renewable Energy [2009] EWHC 18 (Ch) - successfully defending multi million euro claims in relation to rights to own and develop a wind farm of the German/Danish coast. (Ch)

Company

Lindsay v O’Loughnane [2010] EWHC 529 – successfully defending a claim to pierce the corporate veil to make the director of an insolvent foreign exchange trading company liable for the company’s debts (QB).

Gamlestaden Fastigheter AB v Baltic Partners Limited & Ors [2007] UKPC 26; (2007) Bus LR 1521; (2007) 4 All ER 164; (2007) BCC 272 - a successful appeal to the Privy Council from the Jersey Court of Appeal on the scope of the unfair prejudice remedy for company shareholders. (Privy Council)

Trusts

Howell & Ors v Lees-Millais & Ors [2009] EWHC 1754 (Ch) – construction of a power of appointment given to the trustees of a trust fund settlement. (Ch)

Memberships
Commercial Bar Association
Chancery Bar Association
Property Bar Association

Qualifications
BA (Oxon) First Class; MA

Chambers UK - Chancery - Commercial
"a cerebral performer who is building a very nice practice for himself." (2010)