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Expertise

Niamh Counihan is a partner in the Commercial Litigation and Dispute Resolution Department at Matheson and is a member of the firm's Corporate Restructuring and Insolvency Law Group. She has extensive knowledge and experience in all aspects of contentious and non-contentious corporate restructuring and insolvency law matters and provides advice to companies, shareholders, directors, financial institutions, creditor groups, liquidators, receivers and examiners. She also advises in relation to mitigating insolvency risk in the context of commercial transactions. She has consistently acted on high profile cases which have given rise to decisions of the High Court, Supreme Court and in one instance the ECJ.

Niamh is a member of the INSOL Europe, the Irish Society of Insolvency Practitioners and Women in Banking and Finance in Ireland. She lectures on corporate restructuring and insolvency law matters on the professional practice courses of the Incorporated Law Society of Ireland and the Chartered Accountants Ireland. Niamh also lectures with the Dublin Solicitors Bar Association and is co-author of the Incorporated Law Society of Ireland Insolvency Manual.

Experience Highlights

Niamh has advised:

  • Financial institutions in relation to enforcement options (and in particular in relation to high value tax-driven schemes in the hotel and nursing home industries) including taking possession of secured assets, receiverships, debt recovery including commercial court judgment proceedings, specific performance, enforcement of judgments, bankruptcy, and general "work outs". Highlighting areas of risk for the bank and any possible risk of challenge to the efficacy of the bank's security and advising in relation to solicitor negligence actions arising out of "problem" security.
  • In examinerships and major restructurings such as Aer Arann, Liam Carroll / Vantive, Fergus Haynes, Gallium (t / a the First Equity Group), AgCert, International Securities and Trading Corporation plc (ISTC), Qualceram, Cappoquin Chickens, Linen Supply, Mobileaware and Golden Disc group.
  • Liquidators and creditors in relation to fraudulent and reckless trading proceedings (including PSK Construction Limited (In Voluntary Liquidation)) which could result in the directors being held personally liable for some or all of the debts of the company.
  • Liquidator of Eurofood IFSC Limited (the Irish Parmalat subsidiary) in relation to a conflict of jurisdiction between the Italian courts and the Irish courts as to the opening of main insolvency proceedings and the appointment of a main liquidator pursuant to the Insolvency Regulation (Council Regulation (EC) No. 1346/2000). This conflict of jurisdiction has been the subject of a referral to the European Court of Justice.
Accolades

Insolvency and Restructuring expert
2015 Women in Business Law

Niamh Counihan is recommended.
European Legal 500 2015

Niamh Counihan is widely appreciated as being "exceptionally knowledgeable, with a great memory and ability to recall specific details of a case".
Chambers Global & Europe 2015

Insolvency and Restructuring expert
2014 Women in Business Law

Niamh Counihan is "exceptional".
European Legal 500 2014

Niamh Counihan is described by sources as "technically very strong on examinerships, with an excellent grasp of the legislation".
Chambers Global & Europe 2014

Niamh Counihan is seen as "extremely efficient, helpful, sharp, energetic and proactive".
IFLR1000 2013

Niamh Counihan pays "excellent attention to detail".
European Legal 500 2013

Education

University College Dublin (Diploma in Arbitration)

University College Cork (BCL)