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Nicola Dunleavy is "not only a skilled lawyer but also has strong emotional intelligence".

Chambers Global & Europe 

Expertise

Nicola Dunleavy is a partner in Matheson’s Commercial Litigation and Dispute Resolution Department, with a broad commercial litigation, investigations and arbitration practice.  Nicola is regularly appointed to represent clients in complex, multi-jurisdictional commercial disputes, including arising from mergers and acquisitions and EU law, and in constitutional litigation.  Sectors include technology and telecommunications, pharmaceutical, chemicals, food and drink, waste, water, energy, mining, and transport.  Nicola represents clients in investigations by the EU Commission, ComReg, and other regulators and in defending criminal prosecutions.  Nicola has very significant experience in major development, energy and real estate disputes, including planning environmental and safety judicial review and disputes.

Nicola is a member of the Court of the London Court of International Arbitration and leads Matheson’s arbitration team. Nicola is an advocate in alternative dispute resolution, such as expert determination, adjudication and mediation. Nicola is President of Arbitration Ireland, a Chartered Tax Advisor and an Associate of the Chartered Institute of Arbitrators.

Experience Highlights

Representative matters include:

  • Representing a client in a broadband licensing dispute in ICC arbitration against a State body.
  • Acting for Royalty Pharma in litigation related to its $6.5 billion bid for Elan.
  • Representing a US oil and gas company in a judicial review of a decision of the Commission for Energy Regulation in the Commercial Court.
  • Defending regulatory investigations and criminal prosecutions for regulatory (pricing, tax), safety and environmental offences.
  • Defending a UK telecommunications company in Commercial Court proceedings regarding a disputed break clause in a lease.
  • Leading a Commercial Court dispute between Gibraltar and US shareholders regarding ownership of shares in a Irish biotech company, and related intellectual property.
  • Successfully representing Russian companies in two Commercial Court challenges to arbitral awards.
  • Representing a major European utility (French-headquartered) in respect of two successful court challenges to government procurement procedures.
  • Acting for a multinational energy client in a dispute under a gas tolling agreement, governed by ICC arbitration rules.
Accolades

Nicola Dunleavy has been recognised by The Legal 500 as an elite leading lawyer.
Planning and Environment: European Legal 500 Hall of Fame 2020

“Nicola Dunleavey is amazing to work with, she is on the ball at all times and works very well with clients to deliver what they need.”
Planning and Environment: European Legal 500 2020

Nicola Dunleavy is truly exceptional, head and shoulders above her competitors. She is an excellent lawyer and offers hugely practical and informed advice to her clients. She is enormously hard working and gets the best out of a dedicated team who all do their best for her.”
Planning and Environment: European Legal 500 2020

"Nicola Dunleavy is an outstanding litigator. Her advice and support to our business has been fantastic.”
Dispute Resolution: European Legal 500 2020

Nicola Dunleavy is “great at listening to and understanding the clients requirements”
Commercial Litigation and Dispute Resolution: Chambers Global and Europe 2020

"She carefully considers complex issues and delivers well thought out, thorough and bespoke advice."
Commercial Litigation and Dispute Resolution: Chambers Global 2020

Nicola Dunleavy has been recognised by The Legal 500 as an elite leading lawyer.
Dispute Resolution: Legal 500 EMEA Hall of Fame 2019

Nicola Dunleavy "brings calmness and understanding" and her "knowledge is excellent".
European Legal 500 2019

Nicola Dunleavy is named a leading individual.
European Legal 500 2019

Nicola Dunleavy is "adept at adapting to dynamic situations".
European Legal 500 2018

Nicola Dunleavy is "clear and effective communicator" and an "original thinker".
European Legal 500 2018

Nicola Dunleavy is "very good at co-ordinating”.
Chambers Global & Europe 2018

Lawyer of the year (Ireland) for Environmental Law
Best Lawyers Ireland 2018 edition

Nicola Dunleavy is named a leading individual.
European Legal 500 2017

Nicola Dunleavy has "excellent industry knowledge on infrastructure".
European Legal 500 2017

Nicola is recognised as a leading lawyer by international legal directories Chambers Europe, European Legal 500 and Best Lawyers.

Education

University of Limerick (Bachelor of Arts in Law and Accounting)

University College Cork (Master of Laws, LL.M)

Admitted as a solicitor in Ireland

Law Society of Ireland (Diploma in Employment Law)

Irish Taxation Institute (Chartered Tax Adviser qualification)

COVID-19 Construction Contract Claims: The Now And The Future

Sep 8, 2020, 15:32 PM
Matheson’s construction / infrastructure specialists have taken the temperature of the construction sector with respect to existing / ongoing Covid-19 claims in the industry with some very interesting and consistent results.
Title : COVID-19 Construction Contract Claims: The Now And The Future
Filter services i ds : 968da7fe-11bf-475e-a405-c93d3630a693;
Engagement Time : 1
Insight Type : Article
Insight Date : Jul 10, 2020, 12:10 PM
Matheson’s construction / infrastructure specialists have taken the temperature of the construction sector with respect to existing / ongoing Covid-19 claims in the industry with some very interesting and consistent results. 

We asked key stakeholders in the industry a number of questions in relation to the willingness of employers to give extensions of time / costs on foot of the government shut down of construction sites, together with some other related questions, with results as follows:

Question: Are employers generally showing a willingness to give extensions of time for the government shut down of construction sites and the implementation of the new safety measures even where the works contract does not provide for the granting of extensions of time for these types of event / circumstances?

No - Only where provided in the contract – 27%

Yes - 73%

Question: Question: Are employers generally showing a willingness to cover at least some of the costs associated with the government shut down of construction sites irrespective of works contract provisions?

Yes – 27%

Yes – but only the costs associated with preliminaries  - 55%

No – 18%

Rarely, on a case by case basis. – 0%

Question: Generally what sort of time period has the government shut-down of construction sites and compliance with new safety measures / the CIF Statement of Practice (the “CIF SOP”) added to contractor works programmes?

Less than 3 months –  45%

Between 3 – 6 months – 55%

More than 6 months – 0%

Question: How long are contractors making provision for the new safety measures / the CIF SOP being maintained in place on construction sites?

Less than 6 months – 0%

Up to a year – 9%

For the duration of the programme – 91%

The answers to these questions witness for us that notwithstanding the fact that extensions of time for the government shut down of construction sites and the implementation of the new safety measures are not generally not extension of time (or loss and expense) triggers / events in construction contracts now, over three quarters of poll participants confirmed that employers are willing to grant extensions of time and over half of employers are open to making payments associated with preliminaries. In addition, over half of the contractors polled agreed that the government shut-down of construction sites and compliance with new safety measures / the CIF SOP would add between 3-6 months to the contractors programme.

The results of this Matheson poll are very telling and in our view, a solid representation of the wider industry approach.

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