Andrew Clarke

Andrew Clarke

Solicitor

IFSC, Dublin

Tel: +353 (0) 1 670 2990
Fax: +353 (0) 1 670 2988

Email: aclarke@mckr.ie

Experience

Andrew is a highly experienced solicitor with over 26 years’ experience in the areas of commercial law, employment law, banking law and litigation generally.

Prior to joining the firm in 2007, he worked in a busy suburban practice for 5 years and before that in some of Irelands largest law firms. He also did part of his training in a German law firm. Post qualification he also worked and qualified as a solicitor in England.

His practice areas are as follows:-

  1. Commercial Law

    1. The sale and purchase of companies

    2. Andrew has acted for both buyers and sellers of companies, some of which have been very sizeable transactions, including in the summer of 2018 acting in the sale of a highly profitable financial services business.


    3. The sale and purchase of businesses especially dental practices

    4. Since 2002 Andrew has built up a large store of knowledge and experience in this area acting in the sale and purchase of more than 30 practices.


    5. Drafting and negotiation of commercial agreements

    6. Andrew has drafted and negotiated numerous commercial agreements over the years including agency agreements, franchise agreements, distribution agreements, service level agreements, supply agreements, manufacturing agreements, services agreements, expense sharing agreement, partnership agreements to name but a few.


    7. Corporate restructurings and re-organisations

    8. Andrew has advised extensively in relation to internal re-organisations of companies including inserting holding company structures, share for share exchanges and advising generally on the requirements of the Companies Act 2014 in relation to same.


  2. Employment Law
    Andrew has year advised both employees and employers in the area of employment law and his work in this area includes negotiating with the employers’ solicitors mutually acceptable severance packages for such employees in circumstances where the employer no longer wishes them to remain in the company and the reasons for seeking to terminate their employment may be somewhat contrived. He has taken cases before the Workplace Relations Commission in the areas of unfair dismissal, equality claims and breaches of the Organisation and Working Time Act, some of which ended up on appeal in the High Court on a point of law.

    He has also advised employers in terms of drafting Contracts of Employment and Staff Handbooks and various policies and procedures and has also advised generally with regard to Data Protection legislation and in particular the new GDPR requirements as of the 25th May 2018.
  3. Banking Law
    Andrew has acted for financial institutions in terms of taking and reviewing security and advising generally in relation to enforcement and, in particular, in relation to the appointment of Receivers over property, and to a lesser extent, companies. Sometimes some of these enforcement cases ended up before the High Court seeking injunctive relief.
  4. Litigation
    Andrew has also over 25 years litigation experience from debt recovery actions in the District, Circuit and High Court to company law oppression cases, neighbour disputes, shareholder disputes, breach of contract actions, employment law injunctions, judicial review applications, etc.

Professional Bodies

Law Society of Ireland

Dublin Solicitors' Bar Association

Former Board Member of Chambers Ireland

Former President of Dun Laoghaire Rathdown Chamber

Education

Law Society of England and Wales (1993)

BCL (UCD) Incorporated Law Society (1992)

Languages

German

Recently Authored

Termination of Employment

4 September 2018

If your boss approaches you and says, “Look, things are not working out. I think we need to talk “off the record”, what are your options?

Well, under Irish law you have quite a few.

Construction Industry Regulation Update

6 October 2017

The General Scheme of the Building Control (Construction Industry Register Ireland) Bill 2017 is expected to be implemented in January 2018 under which all building contractors and sub-contractors operating in Ireland will be required to register with the Construction Industry Register Ireland (CIRI). This Register was established on a voluntary basis in March 2014 by the Construction Industry Federation as a means of increasing regulation of the building sector and provide assurance to consumers who engage the services of builders and contractors.

Charities - Collaborate or Merge?

31 July 2016

Merger or other forms of collaborative working can make better use of charitable funds and property and provide better services for beneficiaries. For example if two charities in the same area are doing similar work and competing for funding, a merger may be the best way to secure funding and provide a united voice.

The SME Regulations 2016

30 July 2016

From July 1st 2016, regulated lenders (other than credit unions) must comply with additional requirements in respect of SME lending, enforcement and the taking of security.

Ireland’s Supreme Court Confirms Priority of Floating Chargeholders

22 July 2015

The Irish Supreme Court recently handed down a landmark judgment in the Belgard Motors Case. The case concerned whether a crystallisation notice had validly crystallised a floating charge, thus gaining priority over preferential creditors’ claims during liquidation.

Legal Aspects of Investment based Crowdfunding

15 May 2015

Crowdfunding at its most basic level, is an open appeal to the public for funds for a specific project or for a specific objective.

The range of companies using it is a lot wider than one might think.

The Companies Act 2014

20 February 2015

The Act will commence 1st June 2015. It is generally pro business, deregulatory and will cut compliance costs in the long term.

There will however be costs to companies to adopt their documentation to the new regime in the short term.

High Court Upholds Labour Court OWTA Determination

17 July 2014

The recent High Court judgment in the case of Piotr Bryszewski v Fitzpatricks and Hanleys Limited trading as Caterway 1 has important implications for employers and employees in Ireland. The judgment was delivered following the employee’s appeal from the Labour Court.