Brian Durcan

Brian joined Good & Murray Smith in 2023, having practised for 10 years with large commercial law firms in Dublin and London. He has extensive experience acting for listed companies, large corporates, directors and high-net-worth individuals, particularly in the financial services and technology sectors. He has significant expertise in breach of contract claims, civil fraud claims, judicial reviews, and regulatory and internal investigations. He has acted on some of the highest value cases before the Irish and English Commercial Courts, and on the defence of the numerous regulatory investigations taken by the Central Bank of Ireland, Financial Conduct Authority, Takeover Panel, Office of the Director of Corporate Enforcement, and Prudential Regulation Authority.

His litigation experience includes advising:

• Former executive directors on the defence of a £1.5 billion tax fraud claim brought by SKAT (the Danish Customs and Tax Authority), and related civil and criminal investigations.
• A major retail bank on a £600m claim arising from PPI mis-selling losses.
• A director of a regulated financial services provider on coverage issues under a D&O policy.
• A US-based software developer on a £60m claim against a FTSE100 company for breach of a software licensing agreement.
• A former non-executive director of a credit institution on the defence of Commercial Court proceedings.
• A major retailer on the defence of Commercial Court proceedings brought by the National Asset Management Agency concerning the €50m redevelopment of Tallaght Shopping Centre, Dublin.
• A FTSE 100 company in a dispute concerning one of Ireland’s mobile phone networks.
• A listed mining company on shareholder oppression proceedings.
• Interested parties on potential constitutional challenges to the proposed new statutory alcohol advertising regime.
• A European farm machinery manufacturer on the defence of an application for injunctive relief.
• A CFD firm on its contractual arrangements with a credit card payment services provider.
• A cryptoasset liquidity provider on its payment services agreements, and a freezing order by a European regulator.

His investigations and inquiries experience includes advising:

• Several UK and Irish clients on their engagement with the Joint Oireachtas Committee of Inquiry into the Banking Crisis.
• A former non-executive director of a credit institution on Ireland’s first Central Bank inquiry under the Administrative Sanctions Procedure.
• Two large general insurers on the defence of separate Central Bank investigations into suspected breaches of the Consumer Protection Code.
• A regulated insurer on a potential administrative law challenge to the implementation of Solvency II.
• A Cypriot investment firm on the defence of a Takeover Panel investigation for alleged breach of Rule 9 of the Takeover Code.
• A regulated broker on an internal investigation.
• A major energy company on the defence of a CRE investigation into alleged layering and spoofing under REMIT.