Anthony Thuillier BL

Anthony read European Studies in Trinity College Dublin (2001 – 2005) and graduated with a First Class Honours (gold medal), and was elected a Scholar of the college. Anthony was called to the Bar in 2010 and began practice in 2011, having taught English at the economics faculty of the Università degli Studi di Bergamo (2005 – 2007) and Common Law at the Technische Universität Dresden and Humboldt-Universität zu Berlin (2010-2011). Anthony has a civil practice with an emphasis on chancery and commercial matters.

Practice Areas

Commercial Litigation:

• Fire Damage Claims: Acting as part of the Counsel team for Opel Automobile GmbH in a case involving claims arising from a fire in a shopping centre car park. (Commercial Court)
• Berthing Rights Dispute: Defending, with Senior Counsel, Sispar Limited in a case related to berthing rights in Greystones Harbour (defending interim interlocutory injunction – accelerated trial, Chancery List)
• Fraud and Restriction Applications: Obtained restriction of Irish director who failed to make any enquiries into Company’s activities – Company involved in multi-million-dollar international fraud – In re Greymountain Management Limited (in liquidation), High Court Record No. 2021/4943P (April 2024) (Quinn J).
• Passing Off: Representing Pygmalion Group in a case concerning the similarity of venue names and potential confusion (settled, December 2023).
• Search Arbitrage Litigation: Representing Italian clients in commercial court litigation.
• Termination of distributorship agreement – implied term that contract is determinable by reasonable notice – correct measure of notice period – Drafted submissions, with King’s Counsel, for the respondent Heineken group, in Anheuser-Busch International Inc v Commonwealth Brewery Limited, before the Court of Appeal of the Commonwealth of The Bahamas (2023)

Corporate Law:

• Insurance Disputes: Acting as part of Counsel team for All Risks Insurers in commercial court case brought by GTLK Europe DAC.
• Aviation Security Interests: Applications to rectify the International Register under the Cape Town Convention.
• Shareholders’ Agreements: Advising, with Senior Counsel, an Irish solar and battery energy company on shareholders’ agreements and share purchase agreements (hybrid solar photovoltaic project).

Planning and Development:

• Public Right of Way Disputes: Representing, with Senior Counsel, golf course owner in a case involving enforcement notices and alleged public right of way – Section 160 of the Planning and Development Act 2000 – Enforcement Notices (settled January 2024)
• Section 160 Injunctions: Acting for property owners in resisting injunction applications under the Planning and Development Act.

Professional Negligence:

• Professional Negligence Actions: Representing clients in professional negligence actions against solicitors, in cases involving phishing, hacked email accounts, transfer of funds to hackers, scope of solicitor’s duty of care.

Regulatory and Compliance:

• CJEU Observations: Nominated by the Attorney General to draft written observations for Ireland in cases before the Court of Justice of the European Union (CJEU) on matters related to e-Privacy Directive and Law Enforcement Directive.
• Directors’ Duties: Advising Volkswagen Insurance Company DAC on directors’ duties in the context of insurance premium collection.

Insolvency and Corporate Restructuring:

• Norwich Pharmacal Applications: Advising on applications to obtain access to emails of a deceased Russian oligarch.
• Voiding Dissolution Applications: Applications to void the dissolution of companies where windfall distributions discovered.
• Capital Reduction Applications: Capital reduction applications for multinational telecommunications companies.

Miscellaneous:

• Lis Pendens Applications: Applications to vacate lis pendens.
• Commercial Agents Directive Claims: Representing Irish SME in claim against a multinational weapons manufacturer.
• REACH Regulation Compliance: Handling cases related to European Chemicals Regulation compliance.

Unreported cases

Acted for Everyday Finance DAC in Re Derbar Developments (Westport) Ltd [2022] IEHC 2022, (19.12.22) Sanfey J (Restoration of companies register – Companies Act 2014 – Creditor status – whether a creditor of a company can seek to restore a company to the Register of Companies pursuant to section 738 of the Companies Act 2014 after the company was struck off the Register)

Acted for the State in Pysz v Ireland [2022] IEHC 412 (Bolger J, 5 July 2022) – plaintiff’s claim struck out on basis that it disclosed no reasonable cause of action.

Acted for Plaintiff in Start v Kavanagh [2022] IEHC 348 (Egan J, 2 June 2022) – contemnors committed to prison.

Acted for Plaintiff in Start v Kavanagh [2022] IEHC 114 (Allen J, 3 March 2022) – trespassers restrained.

Acted for Defendant in DRM Contract Administration Limited v Proton Technologies AG [2021] IEHC 554 (Simons J) – default judgment set aside

Acted for Plaintiff in Remcoll 2 Ltd v Walsh & Ors (High Court, unreported, 23 December 2019, Barrett J) [2019] IEHC 942 – anti-asylum centre protestors restrained

Acted for Plaintiff in Havbell v Dias [2018] IEHC 175 (Costello J). Banking and finance – loan agreement – entitlement to possession – injunctive relief.

Reported cases

Supreme Court appeal on a point of law: Nominated as part of Chief Justice’s scheme to act for impecunious company in AIB v Aqua Fresh Fish Ltd [2018] IESC 49; [2019] 1 IR 517 (right of audience – representation – exceptional circumstances).

Cyber-hacking matters:

Acted for Plaintiff – Southwire Company LLC v Grabowski & Ors, High Court Record No. 2019/9937 P. Issued 31.012.19; interim injunction 31.12.19; interlocutory injunction 31.01.20. (Gearty J).

Acted for Plaintiff – AAA v Persons Unknown, High Court Record No. 2021 / 2683 P – secured the anonymisation of a business client, which involved legal argument around the Constitutional open justice principle.

Commercial Law Practitioner, June 2022 (CLP 2022, 29(6) 107-112), Irish legal system not fully ready for crypto litigation.

Law Society Gazette, April 2020, Recent litigation on ransomware attacks.

The Parchment, Summer 2021, Issue 88, Litigation following Brexit (article about the procedures involved in issuing and serving proceedings and enforcing judgments post-Brexit)

Contributing Author, Ireland chapter of Collier’s International Business Insolvency Guide since 2015

Company Law in Ireland (Clarus Press, 2^nd ed., 2015) (foreword to first ed. by Finlay Geoghegan J).

Business Law in Ireland (Clarus Press, 1^st ed., 2015) (with Catherine Mac Daid BL).