Gavin Miller BL

Gavin specialises in mortgage enforcement, debt recovery and other commercial matters. He regularly appears un-led in the High Court and the Court of Appeal representing banks, investment funds, credit unions and companies. Gavin also advises and acts for receivers.

In addition to his core practice, Gavin has experience and accepts instructions in the field of conveyancing and property law, landlord and tenant, personal injuries, defamation and probate law.

Gavin also acts for clients in mediations, administrative tribunals and has been part of a team of discovery counsel in two Irish Commercial Court cases.

Prior to joining the Bar, Gavin worked in financial regulation in the Central Bank of Ireland.

Notable cases include:-

Pepper Finance Corporation (Ireland) DAC v Moloney [2020] IEHC 105 – whether an application to amend an order under the slip rule should be referred to the High Court judge who made the original order or whether it could be properly made to the High Court judge sitting in the relevant court list (acted for the plaintiff).

Permanent TSB plc formerly Irish Life & Permanent plc v Burns [2020] IEHC 24 – successfully acted for the assignee of a mortgage to be substituted as the plaintiff in the proceedings and granting it leave to issue execution in respect of the orders for possession.

Permanent TSB plc formerly Irish Life & Permanent plc v Carr [2019] IEHC 575 – acted for the bank in successfully arguing that the Master of the High Court had no jurisdiction to adjudicate on the substance or merits of an application for an order for possession brought by way of special summons in an appeal of the decision of the Master to strike out the summons.

Permanent TSB plc formerly Irish Life & Permanent plc v Donohoe [2018] IEHC 355 – acted for the bank in successfully resisting an application by the defendant to cross-examine a bank official on her affidavits. 

Permanent TSB plc formerly Irish Life & Permanent plc v Keane [2018] IEHC 263 – acted for the bank in successfully dismissing a challenge to the validity of the special indorsement of claim on a special summons.

Start Mortgages & Others v Gunn & Others [2011] IEHC 275 – acted for a mortgagee in two of the four test cases in this leading judgment concerning the entitlement of a mortgagee to an order for possession of property under section 62(7) of the Registration of Title Act 1964 following its repeal by the Land and Conveyancing Law Reform Act 2009.

Example cases include:-

• Acting for a bank in a mortgage fraud case (ongoing).
• Acting for a plaintiff in a personal injuries claim against their employer arising from them contracting Covid-19 in the work-place (ongoing).
• Acting for a plaintiff in a medical negligence claim against a hospital (ongoing).
• Advising a school in a dispute concerning a licence agreement with a sports club (ongoing).
• Acted for a bank in a mediation involving a property loan worth in excess of €1.5 million.
• Acted for a beneficiary in a mediation involving an estate worth €3.5 million.
• Acted for a plaintiff in a work-place personal injuries claim against her employer which settled for €325,000 plus costs.
• Acted for plaintiffs in defamation claims against a financial institution and a restaurant.
• Advised a landowner in relation to them exercising a right of way over neighbouring property.
• Advised a landowner in connection with a dispute over easements with a neighbouring landowner.
• Advised two credit unions in connection with their transfer of engagements with another credit union.
• Advised a bank in relation to compulsory purchase orders in respect of its mortgaged properties.
• Acted as part of a team of discovery counsel for the liquidators of two foreign-domiciled investment funds suing an Irish fund administrator for €380 million and $415 million respectively.