In general and commercial litigation, Philip Lee’s team of litigators has one goal in mind: to develop and implement a comprehensive, effective strategy to resolve potential and active disputes at least cost to our client, as speedily as possible, and in a manner that achieves the client’s key objectives.
The firm acts for a broad range of both public and private sector clients, with a particular emphasis on disputes arising in the context of public sector projects. In this context, Philip Lee has developed a particular expertise in the prosecution of proceedings brought under the EU Procurement Directives, representing parties both in the national Courts and in the European Court of Justice.

We have an extensive dispute resolution practice, covering approximately 50% of our firm’s work, in all types of cases (from District Court through to Supreme Court, European Court of Justice, regulatory appeals, tribunals and arbitrations). We are adept at handling both large-scale, “high-value” litigation as well as large volume claims work.

Particular areas of expertise include:-

• Litigating in Ireland’s Commercial Court. This Court, which began hearing cases in 2004, is designed to hear high-level claims as expeditiously as possible. We have extensive experience in both prosecuting and defending claims in the Commercial Court.

• Applications for Judicial Review. We have represented numerous public bodies in defending Judicial Review proceedings including a challenge to the Financial Emergency Measures in the Public Interest Act, 2009.

• Applying for and defending applications for Injunctions. In 2010 we successfully defended an application against the HSE by 56 service providers in relation to the Dental Treatment Services Scheme.

Judicial Review

While it is impossible to wholly prevent legal challenges, it is possible to “litigation proof” such decisions so that the basis for legal challenge is rendered non-existent or severely limited.

We believe that the key to ensuring that there is minimal or no scope for legal challenge lies in firstly, implementing and practising robust and defensible policies, procedures and protocols and secondly, where required (for example in marginal decisions) receiving pragmatic and reasoned legal advice from the outset of the decision making process. However, the successful defence of legal challenges also involves adept management of the litigation process, sound legal argument and an astute tactical approach. It inevitably will also entail to some degree, management of the media attention and publicity consequent upon high profile court proceedings involving a public body.

We have successfully steered numerous clients through lengthy and complicated litigation in judicial review proceedings, statutory appeals, commercial and competition court cases, injunctive actions and Supreme Court appeals. The firm’s litigation team has made a name for itself acting for public sector entities and we believe that our experience in this regard would be invaluable to any client challenged in the Courts.