MICHAEL NUGENT

Michael Nugent has a wide range of experience in many areas of law. He specialises in commercial and contractual matters, where the priority is on reaching an agreement which is clear and easily understood. Franchising, shareholders agreements, commercial supply and distribution agreements and the drafting of commercial contracts which include standard “terms and conditions of trading” are particular areas of interest.

Having familiarity with many commercial agreements and processes, Michael has an active litigation practice in the resolution of commercial disputes. Whether acting in prosecuting a complaint for breach of a franchise or defending a complaint of breach of a commercial contract or even dealing with the fall out of a partnership dispute, Michael can help you to a better and quicker resolution.

Michael has a depth of experience in commercial litigation, particularly where speed or injunctions are required, and he frequently exercises his right of advocacy in the Circuit and High Courts, with consistent success.

Recent commercial transactions have included.

Drafting a full suite of Franchise Agreements and Commercial Supply Agreements for a retail grocery chain.
The complete drafting and conduct of all contractual documents and legal processes from inception to conclusion of the development and construction of a commercial logistics park, to include the construction processes, the sale of some units and the leasing of other units.
The incorporation of a special purpose company both having shares and being limited by guarantee, to launch a new retail franchise in the pharmaceutical sector.
The drafting of a franchise, distribution and supply concept and a full suite of franchise agreements, product purchase agreements and associated documents for a pharmaceutical supplier chain.
Arranging the re-finance of a property portfolio of several million euro value, to be taken out of NAMA and back to private funding.
The drafting of Software licence agreements and agreements for the development of software, and the protection of intellectual property rights.

High profile litigation cases have included;

Successfully challenging a public tender by a government body, and having the tender process quashed.
Successfully defending in the commercial court claims by a multi-national company to force the surrender of its long-term industrial lease on its landlord.
Successfully suing a lender and its receiver to secure the release of an investment property they had seized.
Successfully defending an individual retail franchisee in the High Court against the excessive demands of an unreasonable franchisor.
Successfully opposing the attempts of the liquidator of Custom House Capital Ltd (in liquidation) in the High Court to have his fees and costs imposed on the assets of innocent investors.
Injuncting a national sporting body from unfair treatment of one of its officers.
Securing an injunction on behalf of a major national franchise brand to prohibit breaches of the franchise agreement by a franchisee.
Successfully defending a home owner in the Circuit Court and in the High Court on appeal and on to the Supreme Court on a case stated, against the repossession of his home by Bank of Ireland.
Prosecuting a case of misconduct at a disciplinary tribunal of enquiry of a national sporting body.
Successfully petitioning the High Court for the Examinership of a national retail fashion chain.

Michael qualified as a solicitor in 1988. He is also qualified as a solicitor in England and Wales and has a Certificate in Legal German, issued jointly by the Goethe Institut in Dublin and the Law Society of Ireland. He is a regular visitor to Germany where he has other business interests. He gained his primary degree in Law from Trinity College Dublin.

In his spare time, Michael likes to work on two classic cars which he keeps as a hobby. He is also adept at plumbing and electrical work and light building tasks. He is an annual visitor to Zambia where he has organised charitable and voluntary work for many years and where he is currently in the course of founding a library. He speaks German and French.