+44 (0)20 7797 8600

MENU

Call: 2011
Email:
Marc Delehanty
vCard:
download
CV:
download

MARC DELEHANTY

Marc was called to the Bar in 2011 following First Class degrees in Mathematics and in Law. His practice covers a wide range of Commercial, Civil Fraud, SportsEmployment, and Public law disputes. He regularly acts in litigation in the High Court, the County Court, and various employment and administrative tribunals, both as sole counsel and led by more senior counsel.

The Legal 500 directory recommends Marc as one of the country’s leading junior barristers for Civil Fraud law, describing him as "a very clever lawyer with massive knowledge of the law" (2016 edition). He is also ranked in the Sports law category which states that he is "known for contractual issues and sensitive disputes" (2016 edition) and is "a rising star who is capable of very great things" (2015 edition).

Full details of his experience may be found in the tabs below. The following is a flavour of his recent work:

  • JSC BTA Bank v Ablyazov and Khrapunov [2016] 3 WLR 659 – as junior counsel – represented the Second Defendant in a jurisdiction challenge to a claim for unlawful means conspiracy based on alleged breaches of freezing orders against the First Defendant.
  • Ritz Hotel Casino v Al Geabury [2015] EWHC 2294 (QB) – as junior counsel – succeeded, following a six day High Court trial, in a claim for £2 million of unpaid roulette losses against a casino patron who alleged a gambling addiction and raised an illegality defence.
  • Le Puy Ltd v Potter [2015] IRLR 554 – as sole counsel – secured a High Court injunction against a departing director to enforce post-termination restrictive covenants and restrain misuse of confidential information.
  • K v Royal Bank of Scotland plc UKEAT/0089/15 – as sole counsel – succeeded in an appeal before the Employment Appeal Tribunal concerning the scope of an unfair dismissal claim brought by a senior employee.
  • McMillan v UK Anti-Doping (NADP/594/2016) – as sole counsel – successfully represented a Scottish professional footballer before the National Anti-Doping Panel in an appeal against the length of his doping ban.

Following his masters in European law from Cambridge, Marc has developed an expertise in this area in practice: he advises on EU law issues, particularly those that arise in the employment / industrial relations context.

As a Mathematics graduate, Marc is highly numerate and confident in tackling evidential issues of technical complexity, including those necessitating expert evidence.

 

    Commercial Litigation and Civil Fraud

Marc is ranked by the Legal 500 directory in the ‘Fraud: Civil’ category, where he is described as "a very clever lawyer with massive knowledge of the law" (2016 edition).

Examples of commercial / civil fraud disputes in which Marc has acted as junior counsel include:

  • JSC BTA Bank v Ablyazov and Khrapunov – junior counsel representing the Second Defendant in a claim for unlawful means conspiracy consisting in alleged breaches of freezing orders made against the First Defendant in previous proceedings in the Ablyazov litigation (led by Charles Samek QC). Judgment on the Second Defendant’s CPR Part 11 application challenging the English Court’s jurisdiction is at: [2016] EWHC 230 (Comm); [2016] 3 WLR 659; [2016] 2 All ER (Comm) 218 – read more about this judgment here. Judgment on the Bank’s application that the Second Defendant provide disclosure of his assets (raising issues about the privilege against self-incrimination and the use of ‘confidentiality clubs’) is at: [2016] EWHC 289 (Comm) – read more about this judgment here.
  • Ritz Hotel Casino v Al Geabury [2015] EWHC 2294 (QB) – successfully represented the casino at a six day trial in the High Court in a claim for unpaid gambling debts which raised detailed evidential issues about alleged gambling addiction and legal issues concerning the regulation of casinos and their obligations towards their patrons. In finding for the Ritz, Mrs Justice Simler relied upon documentary evidence which had been "painstakingly analysed by Mr Delehanty" (see judgment at paragraph 16). The defendant’s compliance with his disclosure obligations was scrutinised across a number of hotly contested pre-trial High Court hearings at which Marc appeared unled and secured orders for specific disclosure and inspection. Read more about this case here.
  • High Court jurisdiction dispute concerning enforcement of an offshore judgment of over US$100m (Commercial Court 2014; led by Stuart Ritchie QC; ongoing).
  • High Court claim centring on fraud and breach of directors’ fiduciary duties. The case involved a multi-million pound shareholding and multiple parties across several jurisdictions (Chancery Division 2013-15; led by Adam Solomon).
  • Vigeland v Ennismore and Vistra [2012] All ER (D) 115 (Nov) – seven day High Court trial involving claims of breach of contract and misrepresentation in respect of entitlement to a contractual bonus and allegations of breach of trust in the administration of a Jersey based trust (led by Adam Solomon).

Examples of commercial / civil fraud disputes in which Marc has acted as sole counsel include:

  • Advised and drafted statements of case in a variety of fraud related matters, such as: for a claimant seeking return of his share of the proceeds of the sale of an asset retained by a former business partner (High Court) and for a defendant company allegedly used by co-defendants as a vehicle to receive misappropriated monies (High Court).
  • Advised, and drafted statement of case for, a multinational utilities company in a six-figure professional negligence claim against its tax advisors (High Court).
  • Mercedes Benz Financial Services UK v Omni Utilities and Others (HHJ Lochrane, 2015): succeeded in an appeal against the dismissal of an application for relief from sanctions in a case concerning a company director’s personal guarantee.
  • Assim v Atashi (County Court, 2014): succeeded, following a multi-day trial, in a hard-fought claim for breach of contract against an Iranian professional retained to secure the return of confiscated properties in Tehran.
  • Interim applications and procedural hearings before High Court Judges and Masters and in the County Court, including applications for summary judgment, specific disclosure and Costs CMCs etc.

Further areas of expertise and interest:

  • Intellectual property: Marc completed part of his pupillage with a specialist Intellectual Property barrister and studied IP to masters degree level. He has assisted in disputes concerning the law of passing-off, confidential information, trademarks and design rights.
  • Business insolvency: Marc has advised on, and appeared in, contested winding-up petitions in the Companies Court.

    Business Protection and Confidential Information Disputes

Marc regularly acts, as both junior and sole counsel, in High Court business protection disputes involving team moves, staff poaching, restrictive covenants, garden leavefiduciary duties and breach of confidence / misuse of confidential information. He is comfortable working as part of a team and to tight deadlines for injunction applications

Cases in which he has acted include:

  • Le Puy Ltd v Potter and Abstract [2015] EWHC 193 (QB), [2015] IRLR 554. Sole counsel for the claimant on an urgent injunction application. Successful in obtaining orders to enforce restrictive covenants restraining an ex-director from dealing with the clients of his former company and to prevent misuse of that company’s confidential information.
  • Junior counsel in a team move / partnership case involving the departure of a senior member of an LLP and other staff from a professional services firm to a newly founded rival firm (Queen’s Bench Division 2015; led by Selwyn Bloch QC; case settled before trial).
  • Junior counsel in a large team move case in the engineering sector concerning orchestrated poaching of employees by former managers (Queen’s Bench Division 2014; led by Selwyn Bloch QC; case settled before trial).
  • Sole counsel for two ex-employee respondents to an application for urgent injunctive relief concerning misuse of confidential information (Chancery Division 2014).
  • Junior counsel in a team move case in the construction sector representing multiple former employees and their new company (Commercial Court 2013; led by Adam Solomon).

    Sports Law

Marc is featured in the Legal 500 directory in the Sport law category, where he is described as "highly regarded in this area" (2014 edition), as "a rising star who is capable of very great things" (2015 edition) and as "known for contractual issues and sensitive disputes" (2016 edition).

Some of the cases in which he has been involved include:

  • McMillan v UK Anti-Doping (UKAD) (July 2016) – successfully represented Scottish footballer Jordan McMillan before the National Anti-Doping Panel in his appeal against the length of his doping ban (on the basis that he satisfied the ‘Substantial Assistance’ provisions in the WADA Code and UKAD rules). Read more about this case here.
  • Acting for a Premier League football club in two separate claims against it by spectators in relation to crowd/stadium disturbances, including appearing (as sole counsel) at interim hearings.
  • Advising in relation to an agent’s entitlement to commission upon the international transfer of a football player.
  • Defending a football club against allegations of discriminatory conduct, including appearing (as sole counsel) at interim hearings.

Marc also writes on topical sporting issues for the popular LawInSport website. His articles include: Why did Coventry City FC’s State Aid claim fail?The Queensberry Rules of Sky and BT’s Sporting Match-Up, and A Guide to England's Independent Football Ombudsman.

    EU and Public Law

In 2014, Marc represented a doctor in a ground-breaking challenge to NHS contractual terms based on the freedom of movement for workers provisions of EU law (led by Edward Kemp; case settled on eve of trial).

Marc conducts administrative law hearings (as sole counsel), and has appeared before the Upper and First-tier Tribunals in appeals concerning immigration and social security matters.

Marc has a first class masters in law (LLM) in European Law from Cambridge and gained a broad experience of EU and public law over the course of his pupillage and training, including assisting in: preparation of judicial review claims, drafting a skeleton argument for the Court of Appeal in an immigration appeal concerning the nature of EU citizenship, and producing advices and opinions in relation to the protection of property under the European Convention on Human Rights.

Additionally, EU law has been the focus of Marc’s legal publications. See, e.g., ‘Case C-117/14 Poclava v Toledano’ in Volume 20-06 of Tolley’s Employment Law Newsletter (April 2015); ‘Case C-176/12 AMS v Union Locale des Syndicats CGT’ in Volume 19-06 of Tolley’s Employment Law Newsletter (April 2014); and, ‘Subsidiarity and Seanad Éireann’ [2010] 13 Trinity C.L. Rev. 133.

    Employment Tribunal Litigation

Marc’s experience covers a wide variety of litigation in the Employment Tribunal and he regularly acts for both claimants and respondents in multi-day hearings. He also drafts grounds of appeal and advises in relation to appeals against Employment Tribunal judgments and has appeared as sole counsel in the Employment Appeal Tribunal. His clients include individuals, trade unions, multinationals and publicly listed companies.

In K v Royal Bank of Scotland plc UKEAT/0089/15, Marc succeeded in an appeal concerning the scope of the case which an unfair dismissal claimant can advance at trial in circumstances where the ET1 form does not positively assert a specific unfair reason for the dismissal.

Marc has acted in cases with a significant international/EU law aspect to them, including:

  • Representing a doctor in a challenge to contractual terms based on the free movement provisions of EU law (led by Edward Kemp; case settled on eve of trial).
  • Successfully applying to stay Tribunal proceedings where there were related French proceedings.

    Professional Background

Education:

  • BA (Mod.) in Mathematics at Trinity College, Dublin (2005) – First Class
  • MA in Legal Studies at University of Bristol (2008) – Distinction
  • Master of Law (LLM) in European Law at Peterhouse, University of Cambridge (2009) – First Class
  • Bar Professional Training Course at Kaplan Law School, London (2011) – Advocacy Scholar

Academic Awards:

  • Phoenicia Scholarship from the Bar European Group.
  • Hardwicke Entrance Award and Eastham Scholarship from Lincoln’s Inn.
  • The de Montmorency prize in law from Peterhouse, University of Cambridge.
  • Cambridge European Trust Bursary – awarded for an 'outstanding academic record'.

Debating and mooting:

Prior to commencing practice, Marc honed his advocacy skills through mooting and debating. He enjoyed significant success, including:

  • Winning a Europe-wide regional final of the European Law Mooting Competition in 2011;
  • Winning the Cambridge University Team Mooting Competition in 2009;
  • Reaching the quarter-finals of the European Universities Debating Championships in 2009;
  • Regularly representing the Bristol University and Cambridge University debating teams.

Professional Memberships:

Marc is a member of the British Association for Sport and Law (BASL) and the London Irish Lawyers Association (LILA).

 


spacer