Diarmuid Laffan has a broad commercial practice focussing on insurance/reinsurance, professional liability, construction, civil fraud and sports law. Recent work includes:

• Instructed as junior to David Turner QC in an international reinsurance dispute.

• Instructed as junior to Dan Saoul QC in a pending High Court civil fraud claim.

• Acted as junior to Siân Mirchandani QC in successfully defending an adjudication claim brought by the building contractor on a substantial hospitality and leisure development against the employer’s agent.

• Instructed as junior to Roger Stewart QC in pending Commercial Court proceedings concerned with the alleged mishandling of an international arbitration.

• Acted for an international law firm in successfully contesting an application to set aside default judgment brought by an African industrial conglomerate.

• Acted successfully for an athlete charged with possession and use of a prohibited substance. The charges were dismissed following a 2-day hearing of the National Anti-Doping Panel.

• Instructed as sole counsel in advising a facilities management contractor regarding its rights, under an interface agreement, against the design & build contractor on a major PFI project.

• Advised a national insurer on fraudulent claims and on pending proceedings for the recovery of sums paid out under voided policies.

• Instructed as sole counsel in an upcoming three-day construction trial arising out of the redevelopment of a luxury home.

• Acted successfully for a national hostelry in resisting an application to bring High Court committal proceedings against one of its officers.

Areas of Expertise

Commercial

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Recent instructions include:

• Acting in a High Court misrepresentation / fraud claim.
• Acting for a retail bank in its defence of a claim relating to the sharing of information with credit reference agencies.
• Assisting Can Yeginsu in advising on a dispute regarding the termination of an international software reselling agreement.
• Assisting Tom Ogden in advising on a partnership dispute arising from a broadband venture.
• Acting for an estate agency claiming fees due under a joint sole agency contract.
• Advising on the regulatory compliance of a claims management company’s commercial arrangements.

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Construction

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Recent instructions include:

• Acting for a main contractor in an adjudication concerning the completion of a major energy project.
• Acting for a structural glass specialist in a claim alleging negligent design.

Insurance / Reinsurance

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Recent instructions include:

• Acting for a reinsurer in a substantial arbitration involving non-disclosure and coverage issues.
• Advising a national insurer in relation to ATE insurance.
• Advising underwriters regarding the ambit of specific fraud clauses and the fraudulent claims rule generally.

Professional Liability

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Recent instructions include:

• Acting for a firm of solicitors in a claim concerning the negotiation of a Share Purchase Agreement.
• Acting for a firm of solicitors in response to a claim regarding the issue of proceedings.
• Acting for a chartered building surveyor in an expert’s negligence claim.
• Advising a firm of solicitors on allegations regarding the settlement of matrimonial financial remedy proceedings.
• Advising a firm of solicitors on the settlement of a personal injury action.
• Assisting with the response to an intimated White v Jones claim (as a pupil).

Public Law and Human Rights

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Recent instructions include:

• Instructed as a member of the claimant’s counsel team in the landmark case of R v Jogee [2016] UKSC 8, in which the Supreme Court substantially revised the law of secondary criminal liability, abolishing the controversial doctrine of parasitic accessorial liability.
• Instructed by Article 19 in its intervention before the European Court of Human Rights in the pending case of Ganbarova and Others v Azerbaijan, the first ECHR case to consider travel bans as restrictions of the right to freedom of expression.

Sports

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Recent instructions include:

• Acting for the Appellant before the National Anti-Doping Panel in Hosseinpoor v UKAD (SR/NADP/667/2016), in which the Appellant was granted a 50% reduction in his two year additional sanction for training in breach of an existing anti-doping ban.

Qualifications & Memberships

Batchelor of Civil Law, University College Dublin (First Class Honours); BCL, Oxford University (Distinction).

Publications

VAT registration number: 237682285