BOUTIQUE

LAW FIRM

Specialising in:

Aviation Law
Escrow Services
Commercial Advisory / Litigation
Structured Finance
Company Restorations
Corporate Structuring
Pension Advisory
Notary Public
Visa Advisory Services
Insolvency & Tax
Conveyancing

Practice

Areas

CORPORATE STRUCTURING

We have experience in setting up and structuring all forms of companies. Having the correct corporate structure is absolutely vital for any company.

practice_areas

AVIATION LAW

With 50 years’ worth of experience, Ireland is considered the global hub for Aviation Leasing and International Asset Finance. A recent report from the PWC predicts that profitability in the sector will exceed forecasts by the International Air Transport Association (IATA). Our office being located at the heart of Dublin allows us to have a great insight and advantage into the sector. Our knowledge of the aviation sector and cross border transaction has positioned our office at the top tier when it comes to our client’s decision to place their business with us.

We have assisted in every aspect of aviation law; from transfers, advises on disposals, to escrow services. Whether it is working with large corporations or with private multi-jurisdictional contracts, we provide a clear, professional and on call service to ensure that our client’s needs are met and transactions run smoothly to a successful conclusion.

PENSION ADVISORY

The principal of the office has acted in a number of leading litigation cases, most notably O'Sullivan v Canada Life. Our office was most recently successful in our appeal of a decision by the Financial Services and Pensions Ombudsman.

Our office also provide advisory services to Trustees and Professionals within the Pension Industry.

ESCROW SERVICES

The firm is fully regulated by the Law Society of Ireland with Professional Indemnity Insurance cover to facilitate large transactions.

We have a team of corporate lawyers that have extensive experience in dealing with the account creation and, monitoring and tracking of funds. As the firm deals with multiple currencies on a regular basis we have forty-one client accounts in difference currencies so as to reduce FX exposure while facilitating Escrow Services for holding funds pending a transaction proceedings. Our fund monitoring and tracking is all captured on our Matter Ledgers and we complete a multi-layer validation process prior to releasing and transferring funds. FX rates are confirmed prior to trades being completed and we provide live FX rates while are captured within our Matter Ledgers.

We complete a comprehensive AML/KYC on all transactions and can also provide a 24 hour service on notice.

STRUCTURED FINANCE

We provide advice on finance restructuring as well as acting on behalf of several mezzanine lenders and pension funds. We ensure that all borrowed funds are secured, oversee the transfer of funds and carry out all the required administration with high levels of attention to detail.

COMMERCIAL ADVISORY / LITIGATION

We have extensive experience in all areas of commercial litigation, as well as a real understanding of how the business world works. This understanding coupled with an in depth knowledge of how the law applies to businesses means that we can provide our clients with solutions tailored for their needs.

HIGH NET WORTH - VISA ADVISORY SERVICES

Ireland is not only a favourable jurisdiction in which to conduct business, there are also significant potential advantages for high net worth individuals. We have assisted foreign nationals entering Ireland and then positioning them with other domiciles such as Monaco where we can bring a zero income tax position for particular individuals.

NOTARY PUBLIC

Robert Emmet Bourke is a member of the Faculty of Notaries Public in Ireland. A Notary Public is a public officer constituted by law to serve the public in non-contentious matters usually concerned with foreign or international business. As a Notary Public our principal can provide Notarial Certificates relating to a wide range of documents that derive from the State, these documents can then be apostilled by the Department of Foreign Affairs. Appointments should be made in advance and if possible, a copy of the required documents should be email through to our office to expedite the process.

CONVEYANCING - COMMERCIAL AND RESIDENTIAL

We provide clients with a fast and efficient conveyancing service in both residential and commercial spaces.

INSOLVENCY & TAX

We have multi-jurisdiction experience in dealing with insolvency matters which we believe is a prerequisite for advices within the area of insolvency. We are also in a position to advise clients on tax matters and litigation arising therefrom.

LAWYERS

Solicitors

Robert Emmet Bourke

PRINCIPAL

Robert completed his undergraduate degree in Law before going on to complete postgraduate studies in both Commercial Law and Applied Finance Law. Robert then studied at the Honourable Society of Kings Inns before being called to the Bar of Ireland.

Prior to opening the firm, Robert was a barrister for over seven years at the Law Library, Dublin. Robert was also called to the Bar of Northern Ireland, and the Bar of England and Wales through the Honourable Society of the Middle Temple.

Roberts experience:

Aviation Law:

Escrow Services:

Pension Law: Representing pension advisors in relation to cross-border transfers, recently finished an industry changing case permitting private pension transfers throughout Europe - O'Sullivan -v- Canada Life Assurance (Ireland) Limited [2014] IEHC 217;

Representing the Defendant in a cross border enforcement matter, the High Court ruled in favour of the Defendant on the basis that the foreign judgment was manifestly contrary to Public Policy in Ireland in the case of Sports Index Limited v O'Shea High Court (unreported, Mac Eochaidh J., 15 June 2015);

Corporate and personal insolvency, petitioning the High Court to liquidate companies and appointing receivers over existing assets;

Acting on behalf of liquidators/ODCE seeking various reliefs against directors of corporate entities, including orders for reckless trading;

Representing and advising the main Irish Retail Banks on regulatory and legislative matters. Enforcing judgments outside of the jurisdiction relating to multi-million euro disputes and opinions pertaining to internal procedures of the banks;

Representing insurance companies in contentious matters that proceed to full trial, dealing with a variety of claims including Personal Injuries, material damage, road traffic accidents and property related matters, cases involve dealing with a variety of professionals to testify on behalf of insurance companies;

Representing investment vehicles in pursuing contributions from investors, involving complex investment prospectuses;

Personal Injures and Insurance litigation;

Appointed to the Panel of Counsel for the Office of Director of Corporate Enforcement;

Appointed to the Panel of Counsel for the Revenue Commissioners;

Appointed to the Panel of Counsel for the Office of the Attorney General..

Qualifications:

- Degree in Irish Law LLB (2005)

- Post Dip in Commercial law (2006)

- Post Dip in Applied Finance Law (2007)

- Barrister at Law - Kings Inns, Dublin (2008)

- Called to the bar, Middle Temple, London (2013)

- Called to the bar, Bar of Northern Ireland (2012)

- Enrolled as a Solicitor, Law Society of Ireland (2016)

- Notary Public (appointed in 2018)

Email: rbourke@reb.ie

Ciara Byrne

HEAD OF CONVEYANCING

Ciara has over 15 years’ experience in both private practice and in-house roles. Specialist areas include advising financial institutions and non-institutional lenders on real estate and non-real estate secured assets and borrowers in connection with structured finance transactions. Clients include both domestic and international investors, liquidators, receivers, examiners and insolvency practitioners. This has given Ciara a comprehensive understanding of best practices in relation to corporate insolvency and specifically to the oversight of the processes for the sale of specific assets.

Email: ciara@reb.ie

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Adam McCarthy
OF COUNSEL

Adam is a former Barrister at Law and brings a wealth of Court based litigation experience to the firm while also understanding the importance of pre-action correspondence where the end audience will be the Courts. Adam has a keen focus on commercial and chancery-based litigation. Adam is presently working on construction disputes, Judicial Reviews, and regulatory litigation matters.

As a qualified Barrister, Adam has attained significant litigation experience representing clients before all levels of the Irish Courts. He has been involved in representing various government Departments in Judicial Review proceedings and plenary proceedings.

As a litigation lawyer, he possesses the skills and attributes necessary for advising and managing contentious disputes in the pre-litigation stage and the substantiative litigation stage. Adam has a particular interest in the area of regulatory law and is involved in

assisting the firm with its growing regulatory litigation client base.

Email: adam@reb.ie

Solicitors

Robert Emmet Bourke

PRINCIPAL

Robert completed his undergraduate degree in Law before going on to complete postgraduate studies in both Commercial Law and Applied Finance Law. Robert then studied at the Honourable Society of Kings Inns before being called to the Bar of Ireland.

Prior to opening the firm, Robert was a barrister for over seven years at the Law Library, Dublin. Robert was also called to the Bar of Northern Ireland, and the Bar of England and Wales through the Honourable Society of the Middle Temple.

Roberts experience:

Aviation Law: Litigation Law in relation to the remedies available to charge holders over aviation based assets. The comprehensive assistance in the disposal of distressed aviation based assets.

Escrow Services: The provision of Escrow Agreement and Paymaster Services supported by our client accounts in forty-one currencies to mitigate FX exposures.

Corporate and personal insolvency, petitioning the High Court to liquidate companies and appointing receivers over existing assets;

Acting on behalf of liquidators/ODCE seeking various reliefs against directors of corporate entities, including orders for reckless trading;

Representing investment vehicles in pursuing contributions from investors, involving complex investment prospectuses;

Personal Injures and Insurance litigation;

Appointed to the Panel of Counsel for the Office of Director of Corporate Enforcement;

Appointed to the Panel of Counsel for the Revenue Commissioners;

Appointed to the Panel of Counsel for the Office of the Attorney General..

Qualifications:

- Degree in Irish Law LLB (2005)

- Post Dip in Commercial law (2006)

- Post Dip in Applied Finance Law (2007)

- Barrister at Law - Kings Inns, Dublin (2008)

- Called to the bar, Middle Temple, London (2013)

- Called to the bar, Bar of Northern Ireland (2012)

- Enrolled as a Solicitor, Law Society of Ireland (2016)

- Notary Public (appointed in 2018)

Email: rbourke@reb.ie

Simon Curley
SOLICITOR

Simon completed a four year degree in Business and Law at the Dublin Institute of Technology. Since joining the firm Simon has undertaken the PPC I and PPC II programmes with the Law Society of Ireland.

Simon has also completed QFA examinations to further bolster his academic qualifications. Simon joined the firm in 2017 and has worked predominantly on the litigation side of the firm where we have run industry leading cases, specifically on pension law. Simon has a comprehensivee understanding of Company Law and has assisted the firm in having companies restored on behalf of clients before the High Court Restoration process.

Email: scurley@reb.ie

Adam McCarthy
OF COUNSEL

Adam is a qualified Barrister at Law and brings a wealth of Court based litigation experience to the firm while also understanding the importance of pre-action correspondence where the end audience will be the Courts. Adam has a keen focus on commercial and chancery-based litigation. Adam is presently working on construction disputes, Judicial Reviews, and regulatory litigation matters.

assisting the firm with its growing regulatory litigation client base.

Email: adam@reb.ie