Gavin heads up our Commercial Litigation and Dispute Resolution and Corporate Restructuring & Insolvency teams. Gavin advises lending institutions, companies , directors, shareholders, creditors, debtors and insolvency practitioners as examiners, liquidators and receivers and operates primarily in the High Court.

Prior to co-founding AMOSS, Gavin was a senior partner and head of the Corporate Restructuring & Insolvency department of one of the 10 largest law firms in Dublin.

Gavin Simons is an esteemed lawyer at AMOSS LLP. Held in high regard for his restructuring and insolvency practice, Simons continues to make significant contributions to the field, offering top-notch legal support to his clients”. Top 10 Most Influential Restructuring/Insolvency Lawyers in Ireland 2023, by Business Today News July 2023

AMOSS LLP is a respected specialist insolvency and corporate restructuring outfit. The practice advises a range of clients on examinership, schemes of arrangement and other forms of corporate recovery. The law firm also assists clients with contentious issues. The team acts for insolvency practitioners as well as shareholders and company directors. Gavin Simons is an esteemed lawyer who is held in high regard for his restructuring and insolvency practice.” Chambers and Partners, Europe. Gavin has been ranked for 14 years and is in Band 2.

Who’s Who Legal, Global Guide – Gavin is “Recommended” for Restructuring & Insolvency 2023.

IFLR1000, Gavin Simons is ranked as “Highly Regarded” for Restructuring & Insolvency. 

Experience

  • Advised a bank in defending proceedings for specific performance brought by a company connected with the bank’s borrowers in circumstances where the bank had not known of or consented to the proposed sale. After 5 days of hearing, involving a 3 day cross- examination of the Plaintiff’s key witness, the proceedings were discontinued against the Bank with costs. We had secured €250,000 by way of security for our client’s costs from the Plaintiff, which sum was fully recovered. 
  • Acted for a finance house in successfully defending proceedings alleging fraudulent misrepresentation.
  • Advised the Examiner in the successful restructurings of a number of prominent examinerships including, Aer Arann, Mothercare Ireland Limited, Chorus Communications, Traffic Group, Bestseller Retail Ireland Limited, Atlantic Home Care Limited.
  • Advised a foreign State authority in the examinership of an Irish company, involving proceedings in the Irish High and Supreme Courts.
  • Advised the successful investor in a non-consensual takeover of a company in examinership which was strongly opposed by the then-incumbent directors and ultimate shareholders, resulting in the saving of all employees’ jobs.
  • Advising the US Trustee in bankruptcy of Sean Dunne.
  • Acted for a financial institution in defending multiple proceedings claiming anti-competitive practices. Ultimately the proceedings were discontinued as against our client.
  • Successfully defending multiple proceedings brought by borrowers and a company fronting for them in an effort to avoid Judgment and frustrate the appointed receiver. Ultimately securing Judgment for €20m approx. and realising the secured asset.

Education

  • B.A. (Hons), NUI Galway, 1994.
  • LL.B. (Hons), NUI Galway, 1997.
  • Law Society of Ireland, admitted as a solicitor, 2001.

Memberships

  • Law Society of Ireland
  • Founding member of the Irish Society of Insolvency Practitioners
  • Dublin Solicitors’ Bar Association

Articles

Examining the Impact of Climate Change on Director’s Duties

New EU Content Rules – Digital Services Act

Court of Appeal provides clarity on the Civil Liability Act

Covid-19 restrictions do not frustrate leases

Unsuccessful Examinership Not (Necessarily) The End Of The Road

Examinership - Preserving The Right To Pursue Guarantors

Liquidation Trumps Conditional Garnishee Order

Amendment to Order 122 of the Rules of the Superior Courts

PIA Appeal to be instituted by Debtor or PIP?

Unnotified Monitoring of Employee’s Emails is a Breach of the European Convention on Human Rights

Clarification on the role of a McKenzie Friend

Payment on account of costs pending taxation

Stay of subsequent action pending payment of costs

High Court remits examinership cases to Circuit Court

Application of Unfair Dismissals and Minimum Notice and Terms of Employment Legislation to Directors