Expertise

Seán has a broad practice involving diverse distressed and recovery situations in the restructuring and insolvency space, acting for IPs, funds, institutional lenders and clearing banks, and corporate borrowers, at all stages of the cycle. Seán's recent experience includes:

  • advising the secured lender to the Jamies' Italian group of companies over the course of six months in the context of the refinancing, restructuring, and ultimate insolvent administration of that group.
  • assisting the FSCS in pursuing recoveries in various distressed situations in the USA.
  • advising Deloitte LLP as the Joint Administrators of Regis UK Ltd. in respect of the trading administration of Supercuts (220 salons, c.1200 employees).
  • advising the Joint Administrators of Lehman Brothers Limited in the context of Lehman group subordinated lender and noteholder distribution disputes in the High Court.
  • working with PwC as Joint Administrators of a Bosnian steel group, and leading on the pre-packaged sale of the business and assets of that company involving the use of a cross border structure involving four jurisdictions.
  • assisting as part of the team advising on consent request processes and complex contingency planning (to include CVAs, schemes of arrangement, pre-arranged Chapter 11 cases, and other foreign jurisdictional work-arounds) in the context of the restructuring one of the world’s largest offshore drilling contractors (USD 5.7 billion of debt). This included the use of a Bermuda scheme of arrangement and provisional liquidation mechanic as implementation tools.  
  • delivering advice to a clearing bank on the new Education Administration regime, and delivering a successful re-financing and stabilisation of one such further education body in the South East  
  • assisting AG's payments team in advising a clearing bank and profiling the insolvency and security risks associated with new and innovative SME focused merchant acquiring and advanced settlement service.
  • assisting Grant Thornton LLP in the delivery of a rescue, through a post-pack administration sale of the business and assets, of Metalysis Limited, manufacturer of 3D printing powder, to include a complex IP assignment process and the delivery of the sale in the context of the UK's export control restrictions. 
  • leading on the exit of a clearing bank from a distressed position through debt and security assignments, with the benefit of curated overage / deferred consideration protection for that clearing bank. 
  • advising FRP LLP as conflict Administrators of portfolio investments entities in the strategic market research space, and leading on the delivery of a pre-packaged sale of business and assets in Administration to existing secured creditors. 
  • advising the one of the UK's oldest family owned businesses on the successful £150 + million corporate rationalisation, financial consolidation, and collateral restructuring of one its high street portfolio groups of companies, to include advice on the UK's pre-insolvency vulnerable transaction regime and the navigation of positions held by external funders to that portfolio group.
  • assisting as part of the team who, over the course of 8 months, successfully ring fenced a non-consolidated debtor subsidiary and JV group from the negative implications under USD 750m credit facility of an insolvency filing of a parent guarantor (offshore oil and gas drilling contractor). This culminated in a full refinancing, complex covenant amendment process, an amendment to economics and a maturity extension. 
  • assisting as part of the team advising on the change of governing law of two existing facility agreements (c.£800 million) of a Nordic product tanker and dry bulk company to ensure sufficient connection to England and Wales for the purposes of a scheme of arrangement.
  • assisting as part of a team advising the directors of entities within a large international printing house in respect of the application of England's wrongful trading regime.
Publications

Seán has published in peer reviewed journals on areas relating to the finance, restructuring and insolvency space: 

  • “The Mechanics of the Remedial Constructive Trust in Ireland”, Vol 39(1), Dublin University Law Journal, 2016
  • “Illegality in Contract and Restitution: Developments in Ireland and Australia”, Ir. Jur 50, (2013), 199: Irish Jurist, Thomson Round Hall (Co-authored with Mr. Kevin Bell B.L.)
  • “Observations on “Free Riding” Post L’Oreal v. Bellure”, Oxford Journal of Intellectual Property Law & Practice (2012) 7(10)
  • “A Comparative Analysis of Conditional Payment Clauses and the Construction Contracts Bill 2010” (2011) CLP (11) 236 (Commercial Law Practitioner, Round Hall, November 2011) (“Part 2” of this Article may be found at: (2011) CLP (11) 262)
Professional memberships
  • Law Society of England and Wales
  • Law Society of Ireland 
  • London Irish Lawyers Association 
Year qualified
  • Admitted as a Solicitor in England and Wales, 2015
  • Admitted as a Solicitor in the Republic of Ireland, 2015
Education
  • Oriel College, University of Oxford - Bachelor of Civil Law, (Masters in Corporate  Insolvency and Restructuring, and the Restitution of Unjust Enrichment)
  • Trinity College, University of Dublin – LLB, Law (Hons.), First class