Ruadhán Ó Ciaráin BL

After graduating from the Ivy League University of Pennsylvania and Trinity College, Dublin, Ruadhán was sworn in as a U.S. Attorney-at-Law in the State of New York in 2011. He practised under that qualification as a solicitor with Magic Circle law firm Linklaters LLP and U.S. law firm Squire Patton Boggs LLP. During his time as a solicitor, he practised mainly in corporate law, M&A and private equity law.

Drawing on his previous experience as a commercial solicitor, Ruadhán has acted for clients predominantly in disputes relating to banking, security, company law applications, receiverships, insolvency (both personal and corporate), landlord and tenant law (both commercial and residential) and all aspects of the law relating to land and property.

Ruadhán also acts regularly before the Valuation Tribunal in disputes relating to the rateability of properties and represents parties before various disciplinary tribunals, including the Solicitors Disciplinary Tribunal.

The below is a selection of written judgments in which Ruadhán acted unled by a member of the Inner Bar:

Skycorps Ltd v Nopsar Ltd & Noposar Ltd v Huawei Technologies (Ireland) Company Ltd & Skycorps Ltd, High Court, Unreported, 19 July 2022. [2024] IEHC 454 (Owens J.)

In litigation over the scope of a Settlement Agreement, Ruadhán successfully overturned a Circuit Court Order on the basis that there was insufficient evidence that the Settlement Agreement was accompanied by consideration.

O’Connor & Shannon v Lackabeg Ltd t/a The Arc Bar & Restaurant [2024] IEHC 244 (Simons J.)

Ruadhán successfully overturned the 1989 decision of Aerospan Board Centre (Dublin) Ltd v. Dean Furniture Ltd [1989] 7 I.L.T. 79, thereby obtaining the first written judgment of the High Court confirming that examination in aid of execution is available for enforcement purposes in the Circuit Court.

Dowling v An Bord Pleanála & Coshla Quarries [2024] IEHC 244 (Humphreys J.)

This case involved litigation on the meaning of s.146A(1)(b) and s.50(6) of the Planning and Development Act 2000, as amended, and, in particular, whether there arose a judicial requirement to interpret those sections in light of sections 2 and 4 of the European Court on Human Rights Act 2003.

Bank of Ireland Mortgage Bank U.C. v Moloney [2024] IEHC 165 (Gearty J.)

Issues surrounding the admissibility of evidence under the Bankers’ Book Evidence Act, 1879, and the rules of evidence as well as the proper securitisation of debt were litigated.

Skycorps Ltd v Nopsar Ltd & Noposar Ltd v Huawei Technologies (Ireland) Company Ltd & Skycorps Ltd, High Court, Unreported, 19 July 2022. [2021 174 CA] (Burns J.)

On an appeal of a Circuit Court ruling pending the elevation of the dispute to the High Court, Ruadhán successfully overturned the Circuit Court Order and obtained a written judgment confirming the circumstances in which the Superior Court Rules can be applied in the Circuit Court.

Pepper Finance Corp (Ireland) DAC v Kenny & Ors. [2021] IEHC 741 (Ferriter J.)

Acting for the defendant, Ruadhán successfully resisted both the plaintiff’s application for summary judgment and the related action for possession of assets. Of note is that the defence was successful in part due to a novel application of the principle of consideration.

A-Data Limited v McMahon & Anor. [2020] IEHC 440 (Meenan J.)

Having first obtained a Mareva injunction from Pilkington J. freezing the defendant’s assets, Ruadhán advised his creditor client of its ability to defeat the proposed Personal Insolvency Arrangement. Knowing that the Personal Insolvency Act 2012 would then cease to apply and no other statutory insolvency scheme would yet be in play, Ruadhán moved first for his client in obtaining the Order Garnishee Nisi and thereby secured for his client the full value of the amount owed to them.

Gladney v H [2019] IEHC 713 (Barrett J.)

Ruadhán successfully resisted an order of Garnishee which was being brought by the Revenue Commissioners, with the effect that the funds sought to be attached were instead paid to his client.

Tribunals

In the Matter of Declan O’Callaghan, a Solicitor of Kilraine O’Callaghan & Co., Ballaghaderreen, Co. Roscommon [4691/DT70/10]

In a case that drew national attention, Ruadhán appeared on behalf of the complainant before the Solicitors Disciplinary Tribunal and convinced the Tribunal members that the Respondent solicitor was guilty of four counts of professional misconduct, and that the appropriate sanction was that of ‘strike off’ from the roll of solicitors.

Grace Life Ministries Ireland CLG v Commissioner of Valuation (VA21/4/0040), 28 June 2024

Ruadhán successfully defended the position of Commissioner of Valuation in an appeal brought before the Valuation Tribunal.

At the time of the enactment of the Emergency Measures in the Public Interest (Covid-19) Act 2020, Ruadhán wrote an article expressing doubt that the ban on evictions extended to commercial properties. The article was referenced in the Business Post newspaper and is an interesting read for anyone involved in statutory interpretation.

A link to the article can be found here:

https://www.linkedin.com/feed/update/urn:li:activity:6678214462052339712/