Our People
Cited for her “professionalism, strength and confidence of advice”.
European Legal 500 2011
"Confident with a good knowledge of the industry".
Planning and Environment: European Legal 500 2010
Nicola Dunleavy is a 'commercially astute, constructive adviser,' and a 'great communicator".
Chambers Europe 2010
Highlighted for her "superb knowledge of the industry".
European Legal 500 2010
Nicola Dunleavy is "dedicated with good technical knowledge".
European Legal 500 2010
Nicola is recognised as a leading lawyer by international legal directory, Chambers Europe.
Expertise
Nicola Dunleavy is a partner in the Commercial Litigation and Dispute Resolution Department.
Nicola is co-head of the Environmental and Planning Group, with expertise in environmental, planning, safety, and administrative law. Her clients come from a broad range of sectors including pharmaceutical, chemicals, healthcare, food and drink, waste, water, energy, mining, and transport. Nicola assists clients with applications for planning, environmental, energy and other infrastructure permits, as well as with related Court proceedings.
Nicola has experience in all forms of dispute resolution including litigation, mediation, adjudication and arbitration. She leads the arbitration team that manages highly complex arbitrations representing multinationals and governmental bodies in a range of contractual disputes.
In mergers and acquisitions, Nicola leads the environmental and permitting due diligence, including negotiating warranties and indemnities.
Nicola is a senior member of the Regulatory and Investigations Group, with a leading expertise in procurement litigation and product liability litigation. She represents clients in judicial review proceedings regarding regulatory decisions and in investigations by the EPA and other regulators. Nicola and her team represent clients in defending criminal regulatory prosecutions.
Nicola is a member of the Irish Environmental Law Association and an Associate of the Irish Taxation Institute. She is a frequent speaker at conferences and workshops in relation to planning and environmental issues, regulatory enforcement and multinational and public sector arbitration and litigation. She has authored contributions to a number of publications including The International Comparative Guide to International Arbitration 2011.
Nicola is also a Member of Council of the Law Society of Ireland.
Education
Trinity College Dublin, Bachelor of Law (LL.B.), Winner of Exhibition Award 1988 and 1989
Taxation Consultant, Irish Taxation Institute (A.I.T.I.) (1996)
Awarded a scholarship by the Irish Government to complete masters (LL.M.) in International, European and Comparative Law in the European University Institute, Florence, Italy (2000)
Highlights
Nicola has advised:
- on managing complex contractual arbitrations in the transport, water and gas sectors, conducted under Irish and international rules
- numerous clients in environmental and planning permit applications and in judicial review proceedings regarding permits in the Commercial Court, including the first judicial review under the Strategic Infrastructure Act
- a US oil and gas company on the proposed development of a liquefied natural gas terminal, with potential to supply a large portion of Ireland's gas. Nicola led the legal team at two oral hearings, resulting in grants of planning permission for the terminal and for the natural gas pipeline. Nicola advised on the application to the Commission for Energy Regulation for consent to construct the pipeline under the Gas Acts, acting as advocate at the public hearing
- multinational clients in the chemicals and food and drink sectors in defending criminal prosecutions for regulatory, safety and environmental offences
- on the environmental aspects of the purchase of an enzymes and beverage ingredients business.
- international and domestic banks and receivers on potential environmental liability and on planning enforcement
- a multinational pharmaceutical company on environmental aspects of an asset acquisition, including interacting with the EPA and advising on related financial guarantees and bonds
- a foreign governmental body in defending an application for a mareva injunction and related disclosure order in aid of enforcement of an international arbitral award
- a major European utility in respect of two successful court challenges to government procurement procedures
- a multinational energy client in a dispute under a gas tolling agreement, governed by ICC arbitration rules
- a major international oil company in relation to a dispute regarding off-shore oil & gas interests
- a local authority in relation to a waste materials recovery facility, including High Court proceedings to enforce the parent body guarantee and bond
- domestic and international clients on waste legislation, including Waste Packaging, WEEE and Batteries Regulations and Environmental Liability Regulations, and on alleged non-compliances, including criminal prosecutions
- a governmental body in the successful defence of procurement infringement proceedings against Ireland by the European Commission regarding the tendering of ambulance services, including drafting submissions to the European Court of Justice, Case C-532/03
- oil and gas companies on health and safety including the Seveso (Major Accident) Regulations and on compliance
