Elizabeth BurkeElizabeth Burke Clark Hill
Elizabeth Burke is a highly respected commercial litigation lawyer. Elizabeth, who has vast experience and a background in all aspects of litigation and in particular commercial dispute litigation and defense litigation, acts and advises in a wide range of contractual disputes, financial service disputes, investment disputes, landlord and tenant disputes, property and boundary disputes, personal injury litigation, professional and medical negligence and judicial review against institutions.
Elizabeth graduated from University College Dublin with a Bachelor of Civil Law degree in 1996 and obtained a Diploma in Business Studies in University College Dublin, Smurfit Business School in 1997. Elizabeth has 19 years of extensive experience in all areas of litigation.
- Advised and represented various blue chip clients including corporate entities, private clients, credit unions and semi states in the High Court, Court of Appeal and Supreme Court forums on complex and contentious commercial disputes to include the following;
- breach of contract
- specific performance
- financial misselling
- shareholder disputes
- oppression of minority shareholders
- conflict of interest
- secret profit
- debt recovery procedures
- breach of share purchase agreements
- applications under the Companies Acts and IBRC Act
- Commercial Court Proceedings with particular focus on risks, strategies and procedures. Heavily involved in all aspects of hearings and applications for entry to the list, case management and consolidation, discovery, third party discovery and directions motions.
- Involved in various Judicial Reviews of findings of the Financial Services Ombudsman.
- Advocate of Alternative Dispute Resolution where appropriate and has engaged in all forums of Alternative Dispute Resolution to include Mediation and Arbitration on foot of commercial contracts, dissolution of partnerships, Landlord and Tenant issues and construction contracts.
- Negotiated and delivered significant six figure settlements in various types of complex cases.
- Involved as part of a cross departmental team providing ongoing advisory services to the Official Assignee and Receivers.
- Experienced in managing a number of high net worth client accounts both domestically and in the UK with ultimate responsibility for client care case management and client satisfaction including various insurance companies and corporate accounts;
- Providing regular legal advice to a number of self-insured organisations in the retail manufacturing and construction sectors on compliance with health & safety legislation and employment law issues;
- Handles substantial caseload at all levels in High, Circuit, and Court of Appeal in a range of injuries including fractures, soft tissue, scarring, post-traumatic stress, fatal injuries including matters before the Coroner’s court;
- Extensive experience in dealing with a wide range of expert witnesses namely medical consultants, psychiatrists, psychologists, physiotherapists, actuaries, engineers, care consultants, occupational and other therapists;
- Capable of managing a portfolio in excess of 300 cases of primarily high value High Court defense litigation matters including:
- Paraplegic/Catastrophic cases: Successfully settled numerous multi million euro claims involving complex issues of causation, liability, future care costings and loss of earning capacity;
- Employer’s Liability (to include construction industry): Defended claims on behalf of large self-insured corporations/contractors/developers. These cases involve multiple parties, advises on issues including liability, contractual duties, indemnity, inter partes liability and compliance with Health and Safety legislation;
- Product Liability: Acted on behalf of manufacturers, suppliers and retailers in Ireland, the UK and Europe, in cases involving alleged defective products. Successfully defended claims on behalf of clients in the food industry, manufacturers of agricultural equipment and specialist industrial processes;
- Defamation: Advised clients on defamation, newspaper, magazine and social media publications, also false arrest and imprisonment claims;
- Defended claims on behalf of employers to include bullying, harassment and occupational stress claims. A number of these claims also involved ancillary claims for constructive dismissal, unfair dismissal and claims under the Minimum Notice and Terms of Employment legislation. Also provided regular advice to clients on all aspects of employment law to include the prospects of taking injunctions against employees for breach of contract to include restraint of trade and restrictive covenants;
- Property Damage: Defended claims for fire damage, subsidence and flooding on behalf of contractors.
Professional and Medical Negligence
- Represented parties on either side of professional negligence actions in the financial, medical, legal, cosmetic and building professions.
- Establishing contact and engaging in extensive communication with key specialists both within and outside the jurisdiction.
- Managed extensive discovery process resulting in establishing key documentary evidence.
- Handled actions involving multiple defendants represented by top tier firms on behalf of various medical defense entities and hospitals.