Jarlath Ryan SC

Jarlath Ryan practises in the Civil, Commercial and Chancery Courts with a particular emphasis on Banking law matters.

He trained and practised as a solicitor in McCann FitzGerald. He practised as a banking lawyer with Freshfields Bruckhaus Deringer in the firm’s London and Frankfurt offices.  He remains enrolled as a solicitor in England & Wales.

He was called to the Bar of Ireland in 2004 and has regularly acted in all manner of commercial disputes with a particular focus on banking law, shareholder disputes and private international law.

He has acted in many cases which have proceeded to written judgment before the Irish Courts which have established, updated or clarified precedents in Commercial and Banking law.

Wright Morris v IBRC [2014] 3 I.R. 468: Successfully represented the Plaintiff. This decision sets out the principles governing the initiation of litigation against companies in liquidation and particularly sets out the test to be satisfied pursuant to section 6 of the IBRC Act, 2013, which prohibited the initiation of litigation against IBRC.

Bushell Interiors Limited v Liecht Kucken A.G. [2014] IEHC 31, [2015] IECA 211: Represented the successful Defendant where it set aside proceedings initiated in Ireland by the Plaintiff, relying on article 5 and 23 of the Brussels Convention dealing with choice of law and jurisdiction clauses. The  High Court, Moriarity J, held  that proceedings should have been instead initiated against the Defendant in the relevant jurisdiction in Germany.  This decision was affirmed by way of written decision in the Court of Appeal.

Tola Capital Management LLC v Linders [2014] IEHC 316: Represented the Defendants in the successful defence of a claim by a New York based Fund which sought to compel the purchase of debt from the Defendants.   This case confirms, inter alia, in Irish law that a party cannot seek specific performance of a loan agreement.  This case also confirmed and clarified the test for mandatory injunctions.

Tola Capital Management LLC v Linders (No 2) [2014] IEHC 324. Represented the Defendants, in successfully removing Lis Pendens on the Defendants’ properties allowing the Defendants to complete an arrangement whereby they refinanced their indebtedness with a rival fund (to the Plaintiff) in an amount of €160 million.  This case sets out the basic test in Ireland on how  Lis Pendens can be set aside.

NAMA v McNulty [2013] IEHC 369: Represented the National Asset Management Agency in its action to enforce guarantees in an amount in excess of €85 million.  The Plaintiff successfully resisted the defences put forward by the Defendants of undue influence, non est factum and interest overcharging by the financial institution, IBRC.

Flynn v NAMA [2014] IEHC 408:Represented the Plaintiff in the successful defence of a counter claim for debt by the National Asset Management Agency.  The case is notable since the behaviour of the Defendant was deemed to have violated the property rights of the Plaintiffs and the activity of the Defendant was deemed to be inconsistent with its public law duties so that its demands against the Plaintiffs under the relevant loan agreements, in excess of €10 million, were set aside.

Sheehan v Breccia & anon [2018] & Flynn v Breccia [2018] IECA 273: Successfully represented the Plaintiffs at first instance and on appeal. Those courts ruled that surcharge interest clauses in loan agreements were in fact penalty clauses and therefore unlawful.  These judgments confirm the criteria of allowable interest in loan agreements.

Flynn v Breccia [2017] IEHC 74. Represented the Plaintiffs in a shareholders dispute concerning a Company controlling the Blackrock Clinic.

IBRC v Quinn [2016] IESC 50 The Supreme Court set out the criteria for service abroad of proceedings and underlined the necessity, when considering the appropriate forum in a jurisdiction challenge, to ensure that fragmentation of a cause of action does not occur within the context of multi jurisdiction litigation.

Jeffers v Volkswagen [2021] IEHC 98: Represented Volkswagen in the High Court seeking further and better particulars of a claim of fraud in the Irish leg of the global Volkswagen emissions litigation.

Infront Partners Spa v Media Partners & Others [2019] IEHC 318. Represented an Italian based Media Organisation which had sold the television rights of Italian Serie A Soccer to an Irish Company.  This is the most recent case on the use of Garnishee orders in Ireland and sets out the test for granting a garnishee order before, or on the point of the insolvency of the garnishee.

Ryan v Dengrove [2021] IECA 38.  The Court of Appeal clarified the basis for challenging the appointment of receivers to commercial property under mortgages.

The Tribunal Of Inquiry Into Certain Payments and Planning Matters.  Represented Tom Gilmartin at the Quarryvale II module of the Mahon Tribunal (2005- 2012). The final report of the Tribunal of Inquiry accepted the evidence of Mr Gilmartin.

Mis-selling of Derivative Instruments to Borrowers. Represented borrowers before the Irish Courts in cases challenging the entitlement of Irish Banks to secure mis-sold derivatives on property with a cumulative notional valuation in excess of €5 billion.

Declarations as to Irish Law Before Foreign Courts: Regularly given expert evidence on Irish law by way of declarations to foreign courts, in particular to the United States Insolvency Courts in Wilmington, Delaware, U.S.A, relating to the recognition, under Chapter 15 of Title 11 of the US Bankruptcy Code, of insolvency proceedings in Ireland.

South Africa

Participated in a scheme to teach commercial law to previously disenfranchised lawyers from minority backgrounds in South Africa.  This scheme is run by the Irish Rule of Law International organisation.

This involved travelling to various locations in South Africa, such as Pretoria and East London for a week annually and teach the elements of important commercial documents, such as share purchase agreements, to a class of up to 30 students.  The course was partnered by local commercial firms in South Africa and allowed for students to be placed in those firms and to progress their careers in an area of legal practise in which minorities were historically under represented.

These courses were sponsored by the Irish government and the department of Foreign Affairs through the Irish Embassy in South Africa.

Chicago

Organised an annual course in comparative trial advocacy between the Bar of Ireland and Chicago Kent College of Law involving exchanging students between Dublin and Chicago and undertaking lectures and tutorials in Trial Advocacy, comparing practise & procedure in Ireland and Chicago.  This involved participation from judges, senior lawyers and students.