Gary Hayes > Chambers of Sir Geoffrey Cox KC > London, England > Barrister Profile

Gary Hayes

Position

Gary’s practice is focused on chancery, commercial litigation, insolvency and personal injury. He has particular interests in examinership, bankruptcy & liquidations, enforcement and debt proceedings, title and land disputes, professional negligence, tort and personal injury law.

His current and recent instructions as junior counsel include substantial proceedings before the Supreme Court, Irish Court of Appeal, High Court and Circuit Court.

Commercial and Banking

Gary welcomes instructions in all types of commercial and banking litigation. He regularly advises, drafts pleadings and related applications, as well as negotiating in commercial and contractual disputes. He advises on enforcement of financial agreements and securities as well as the enforcement of foreign judgments in Ireland and the UK.

Recent and current cases

• Sole Counsel in the High Court resisting various applications for interim injunctions and stays of execution brought by tenants and mortgagors.
• A dispute between members of a Company limited by guarantee concerning shareholder oppression, statutory compliance with the Companies Acts involving allegations of fraud and conspiracy.
• Sole counsel in a multi-million euro dispute between a husband and wife involving alleged fraud, conspiracy, and forgery, and for the recovery of equity in several properties.

Insolvency

Gary advises on all aspects of insolvency and reorganisations. He acts on behalf of pillar banks, investment funds and private clients in all aspects of enforcement and defence. This includes the prosecution and defence of bankruptcy matters for institutional banking clients and funds.

Recent and current cases

• Sole Counsel in Defence of a multi- million euro bankruptcy claim in which agreement was reached with the petition struck out with significant debt write off.
• Examinership and winding up applications.

Professional Liability

Gary regularly advises solicitors and Claimants in the prosecution and defence of professional negligence applications. This includes proceedings at professional tribunals as well as in court.

Recent and current cases

• Acting as junior counsel for the Claimant in a of a multi-million pound negligence claim brought against a Solicitor.
• Prosecuting a large scale solicitors’ negligence claim in relation to advice given on property transactions.
• Acting as sole counsel in the prosecution of a claim brought against a solicitor in respect of the provision of allegedly negligent advice on a personal injury claim.
• Acting as sole counsel in the enforcement of negligently executed solicitors undertakings.
• Acting as sole counsel against solicitors for negligently provided legal and tax advice in respect of property transactions.

Construction

Gary has experience in a wide variety of construction disputes both in relation to large scale commercial developments as well as smaller construction projects.

Recent and current cases

• Acting for a conglomerate in a multi- million euro case relating to the construction of two large scale nursing homes.
• Acting in for a Claimant seeking redress for the negligent construction of a family home.

Personal Injury:

Gary is instructed for Claimants and Defendants in personal injury matters. He is also a standing member of defence panels and is regularly instructed in volume cases as well as long running complex injury cases.

Recent and current cases

• Acting in personal injury proceedings on behalf of a high profile UK artist seeking significant damages and loss of earnings.

Other Recent & Current Cases

IECA 93; Promontoria (Oyster) DAC v McKenna [2021] IECA 94; and Promontoria (Oyster) DAC v McHale [2021] IECA 95.

Successfully represented an investment fund in the High Court, Court of Appeal and Supreme Court, which had acquired a loan book and associated securities from a pillar bank was required in applications to enforce equitable mortgages in which the Court of Appeal held that a level of proof was not required, which proof would have caused systemic difficulties for the fund and other funds in a similar position.

AIB Mortgage Bank v Hayes [2016] IEHC 280

Successfully represented a debtor in a €4.5m euro claim to estop a mortgage bank from enforcing a secured debt of which the Bank had improperly sought repayment.

Muintir Skibereen Credit Union v Hamilton & Crowley [2016] IECA 213

Successfully argued in favour of Defendants that the Court make no order in favour of the Claimant who were seeking enforce a secured debt on the basis of provisions of previously untested legislation.

Education

• Bachelor of Economics, University College Dublin
• Diploma in Legal Studies, Honorable Society of Kings Inns, Dublin
• Barrister at Law Degree, Honorable Society of Kings Inns, Dublin