Samantha O’Brien O’Reilly
Call 2019 (England); 2020 (Ireland)
Instruct Samantha
To instruct Samantha please contact our clerks on +44 (0)20 7842 5555 or email [email protected].
Samantha has a broad commercial law practice, with a particular interest in ESG, sustainability, media and art law. She has experience in domestic and international disputes and enjoys working as both junior and sole counsel in a variety of advocacy, drafting and advisory work.
Praised in particular for her advocacy and negotiation skills, Samantha is well placed to undertake cases with a French element, having spent a year at a leading French law school. She has been called to the Bar of England and Wales, and as of 2020, the Bar of Ireland. She recently completed an LLM (Distinction) with BPP University Law School. Her dissertation focused on Environmental, Social and Governance (ESG) law and was titled ‘From Greenwashing to Greenspeaking: A Practice Note for Lawyers’.
Before qualifying as a barrister, Samantha worked in international affairs. She was a Deputy to the Permanent Representative of Ireland to the Council of Europe and a member of Ireland’s delegation to the United Nations.
Samantha’s recent experience includes:
- Commercial Litigation and Arbitration
- Defamation/Media, Art & Public Law
- Professional Negligence
- Construction, Engineering and Energy
- Insurance
- Financial Services
- Technology
- Shipping and International Trade
Commercial Litigation and Arbitration
Samantha has experience of large-scale commercial litigation and international arbitration both in England and Wales and internationally. She particularly enjoys acting in urgent injunction hearings.
Featured Commercial Litigation and Arbitration cases
Instructed as junior counsel in a claim against an insurer for allegedly negligently underwriting insurance policies in France in the construction sector, in breach of an agency agreement
Instructed as junior counsel to draft a Reply and Defence to Counterclaim in a multimillion-dollar ICC arbitration arising from a major construction project in the Middle East
Represented a French law firm as sole counsel in an insolvency matter (opposing the set aside of a statutory demand) to recover unpaid fees in England and Wales for work done in France and evidenced by an Order of the Paris Bar Association
Instructed as sole counsel to challenge jurisdiction and an order for alternative service in a day-long hearing in the commercial court against Jason Robinson KC in an alleged fraud (fraudulent misrepresentation/deceit/conspiracy) case in respect of a bill of lading for a shipment of nickel from Rotterdam to Shanghai
Instructed as sole counsel to represent the Claimants in relation to the alleged breach of a loan agreement concluded in France
Successfully injuncted a yacht owner to move his vessel from a marina when he stopped paying fees. Subsequently instructed to draft contempt of court proceedings when the injunction was breached
Assisted with an arbitration conducted under the ARIAS rules concerning whether a professional indemnity insurer of an engineering firm was liable to a major contractor pursuant to the Third Parties (Rights Against Insurers) Act 1930
Assisted with the defence of a multiparty claim for losses resulting from the fire of hire machinery
Assisted with a counterclaim in an arbitration to recover costs incurred by a P&I club providing security for proceedings brought in Spain (in breach of an arbitration clause) for the alleged contamination of seafood transported from the Falkland Islands (Malvinas) to Spain
Assisted a large Singaporean law firm with an appeal arising from a pre-action discovery application in satellite litigation in the Singaporean courts from an English arbitration, focused on the correct interpretation of the Singapore Rules of Court and on an alleged abuse of process. This involved questions of English & Welsh, Irish, Hong Kong and Singaporean law
Assisted on an appeal pursuant to s.69 of the Arbitration Act concerning the extent of implied indemnities and warranties, including matters of interpretation of the Hague-Visby rules, in a voyage charterparty for the transport of heavy grains, soya and sorghum from Brazil to China
Assisted with an LCIA arbitration (and related interim applications and Part 8 proceedings in the Commercial Court) between a major commodity trading house and a large oil refinery in respect of the diversion and non-delivery of oil cargoes, including a €225m worldwide freezing order
Defamation/Media, Art & Public Law
Samantha has a particular interest in defamation/media, art and public law. Her defamation/media law experience includes both pre-action advice to potential Claimants and Defendants, and High Court and County Court disputes. She is a member of Next Generation Media Lawyers.
Featured Defamation/Media, Art & Public Law cases
Defended a protected party from a claim of defamation made by their former nurse in relation to information sent to the Nursing and Midwifery Council
Defended a large, publicly traded company against allegations of defamation/malicious falsehood arising from statements allegedly made by an employee to a member of the public
Advised an unincorporated association about defending a potential defamation/malicious falsehood claim arising out of an article in its periodical publicatio
Represented a large entertainment company at a hearing involving allegations of defective ownership of centuries old artefacts purchased from a third party
Drafted documents for claims alleging breach of contract and misrepresentation against both a restorer and a seller of classic cars
Instructed by the Minister for Justice and Home Affairs of the Isle of Man as junior to Lord Edward Garnier KC for an Independent Review of the provision of legal services on the Isle of Man, which was presented to the Tynwald, the Isle of Man’s Parliament, in 2023
Advised the interested party in a judicial review of a decision to refuse permission to appeal the strike out of a claim and the grant of a civil restraint order
Professional Negligence
Samantha has experience of both led and unled cases in professional negligence. She has experience involving a wide range of professionals, including surveyors, solicitors, a financial advisor and a Regulation 44 Independent Person (within the meaning of the Children’s Homes (England) Regulations 2015). She regularly represents clients in the High Court and in adjudications and has experience of both Claimant and Defendant work.
Featured Professional Negligence cases
Instructed as sole counsel to represent the owner of a home that was renovated to respect the principles of clean energy and sustainable development in a multi-million-pound claim against the former architects and contractors in the TCC
Instructed as junior counsel in a claim against an insurer for allegedly negligently underwriting insurance policies in France in the construction sector, in breach of an agency agreement
Regularly instructed as sole counsel in claims acting for and against architects, in claims arising from alleged defects in both commercial and residential developments.
Instructed as junior counsel in a multimillion pound adjudication against a structural engineering firm alleged to have negligently designed foundations for an apartment block
Instructed as sole counsel for the Claimant in a potential case against the insurers of its former solicitors pursuant to the Third Party (Rights against Insurers) Act 2010, it being alleged that the solicitors had negligently failed to ensure that Stamp Duty Land Tax was paid during the conveyancing of a flat
Instructed as sole counsel to defend a claim brought against an architect pursuant to the Fatal Accidents Act 1976. A civil restraint order was made against the Claimant who was a serial lay litigant
Drafted documents for the defence of a professional negligence claim against a firm of solicitors alleged to have negligently enabled the cyber fraud of its client
Assisted with an adjudication against a design and build contractor alleging economic loss because of the contractor’s alleged failure to create an economical design and take due account of the Party Wall Act 1996
Drafted documents for a claim against a cyber security firm alleged to have negligently advised a solicitors’ firm on its cyber security risk
Construction, Engineering and Energy
Samantha has experience of acting as a junior on large-scale construction disputes and of acting as sole counsel in the TCC. She enjoys adjudications, both led and unled, and is well-equipped to deal with a variety of issues arising out of the Construction Act. She has experience of construction disputes with a sustainability element.
Featured Construction, Engineering and Energy cases
Instructed as sole counsel to represent a renewable energy company in a dispute with a former customer alleging increased energy use and noise disruption from their air source heat pump
Instructed as sole counsel to represent the owner of a home that was intended to respect the principles of clean energy and sustainable development in a multi-million-pound claim against the former architects and contractors in the TCC
Instructed as sole counsel to defend a large housing association in a TCC claim brought by a purchaser of one of its new-build homes in a sustainable and zero-carbon residential development in the UK’s first eco-town. This included a claim for lost revenue and additional energy costs due to the alleged incorrect placement of solar panels
Instructed as sole counsel to defend the developer of an eco-friendly property in a misrepresentation and brief of contract claim
Instructed as sole counsel to defend a contractor in urgent interim injunction proceedings alleging trespass from an oversailing crane
Instructed as junior counsel in a claim against, amongst others, the architect, construction manager, cladding designer and installer and mechanical and engineering designer and installer involved in the construction of a high-rise building with alleged fire safety defects
Instructed as junior counsel to draft a Reply and Defence to Counterclaim in a multimillion-dollar ICC arbitration arising from a major construction project in the Middle East
Instructed as sole counsel in a dispute related to poor masonry on a multimillion-pound construction project including in a multi-day trial Instructed as sole counsel to represent a construction and development company in a delay claim in the TCC against a multinational telecommunications company
Assisted with an LCIA arbitration (and related interim applications and Part 8 proceedings in the Commercial Court) between a major commodity trading house and a large oil refinery in respect of the diversion and non-delivery of oil cargoes, including a €225m worldwide freezing order
Assisted with a £20m-plus dispute arising from attempts to undertake a super-prime residential development for an ultra-high net worth individual
Instructed as junior counsel in a multimillion-pound adjudication against a structural engineering firm alleged to have negligently designed foundations for an apartment block
Assisted with an adjudication against a design and build contractor alleging economic loss as a result of the contractor’s alleged failure to create an economical design and to take due account of the Party Wall Act 1996
Instructed as sole counsel in the defence of a claim arising out of a disputed final account for mechanical and engineering sub-contracts
Regularly instructed in a variety of non-payment claims
Instructed as sole counsel to defend an energy company from allegations of unreasonableness in not permitting a change of names on a commercial energy account
Insurance
Samantha has experience of both advisory and contentious insurance work. She has acted for Claimants and Defendants. She particularly enjoys trial advocacy in coverage disputes.
Featured Insurance cases
Instructed as junior counsel in a claim against an insurer for allegedly negligently underwriting insurance policies in France in the construction sector, in breach of an agency agreement
Instructed as sole counsel to represent an insurance company in a one-day coverage dispute trial regarding misrepresentation and The Consumer Insurance (Disclosure and Representations) Act 2012 against Louis Flannery KC
Instructed to assess the implications for a major international insurance brokerage of the FCA Test Case litigation concerning COVID-19 Business Interruption claims
Instructed as sole counsel for the Claimant in a potential case against the insurers of its former solicitors pursuant to the Third Party (Rights against Insurers) Act 2010, it being alleged that the solicitors had negligently failed to ensure that Stamp Duty Land Tax was paid during the conveyancing of a flat
Regularly instructed on behalf of insurers in subrogated claims
Assisted with the defence of a claim under an insurance policy against a large French credit insurer on the basis of material non-disclosure
Financial Services
Samantha has experience of both High Court and County Court work arising from the Consumer Credit Act 1974.
Featured Financial Services cases
Regularly instructed on behalf of major high street banks to defend them from claims taken pursuant to the Consumer Credit Act 1974
Assisted with a case concerning breaches of the Financial Services and Markets Act 2000 and the Financial Services Act 2012, in respect of an alleged collective investment scheme
Assisted with a referral to the DIFC Financial Markets Tribunal against decisions of the Dubai Financial Services Authority in respect of unauthorised collective investment funds being promoted in or from the Dubai International Financial Centre
Instructed as sole counsel to represent the Claimants in relation to the alleged breach of a loan agreement concluded in France
Technology & Telecoms
Samantha has a wide range of experience in the IT sector, in particular in claims arising out of the use of online gaming systems.
Featured Technology & Telecoms cases
Instructed as sole counsel in a claim relating to the non-delivery of software and hardware pursuant to a development agreement
Assisted with a dispute concerning the termination of an Intellectual Property Licence Agreement to produce fuel cell systems for use in electric vehicles
Assisted with the defence of a claim for £17 million allegedly won pursuant to a fault in an online gaming platform’s software
Drafted documents for a dispute concerning the alleged exploitation of a fault on an online gaming platform
Assisted with a dispute concerning the non-delivery of financial management software
Assisted with a dispute concerning the failure of a joint project to produce software for a multimedia streaming service
Drafted documents for the defence of a professional negligence claim against a firm of solicitors alleged to have negligently enabled the cyber fraud of its client
Drafted documents for a claim against a cyber security firm alleged to have negligently advised a solicitors’ firm on its cyber security risk
Shipping and International Trade
Samantha enjoys complex shipping disputes and is particularly interested in cases involving allegations of fraud. She acted as tribunal secretary to Stephen Cogley KC sitting as an LCIA arbitrator in an international trade dispute and is happy to consider appointment as a tribunal secretary in suitable claims.
Featured Shipping and International Trade cases
Instructed as sole counsel to challenge jurisdiction and an order for alternative service in a day-long hearing in the commercial court against Jason Robinson KC in an alleged fraud (fraudulent misrepresentation/deceit/conspiracy) case in respect of a bill of lading for a shipment of nickel from Rotterdam to Shanghai
Successfully injuncted a yacht owner to move his vessel from a marina when he stopped paying fees. Subsequently instructed to draft contempt of court proceedings when the injunction was breached
Assisted with a counterclaim in an arbitration to recover costs incurred by a P&I club providing security for proceedings brought in Spain (in breach of an arbitration clause) for the alleged contamination of seafood transported from the Falkland Islands (Malvinas) to Spain
Assisted with an LCIA arbitration (and related interim applications and Part 8 proceedings in the Commercial Court) between a major commodity trading house and a large oil refinery in respect of the diversion and non-delivery of oil cargoes, including a €225m worldwide freezing order
Assisted on an appeal pursuant to s.69 of the Arbitration Act concerning the extent of implied indemnities and warranties, including matters of interpretation of the Hague-Visby rules, in a voyage charterparty for the transport of heavy grains, soya and sorghum from Brazil to China
Assisted on a claim considering the interaction between the Contracts (Rights of Third Parties) Act 1999 and letters of indemnity issued pursuant to a charterparty for the transport of non-steaming coal from Indonesia to the West Coast of India
Review of the provision of legal services on the Isle of Man
On Monday 16 October 2023 Lord Garnier KC presented his Review of the provision of legal services on the Isle of Man to...
Edward Garnier KC to review Legal Services in the Isle of Man
The Isle of Man’s Minister for Home Affairs and Justice and Constitutional Affairs, the Hon Jane Poole-Wilson MHK,...
Samantha O’Brien O’Reilly called to the Bar of Ireland
Samantha O’Brien O’Reilly was recently called to the Bar of Ireland. Following her admission to the...
Podcast: Pupillage 101
With the next round of pupillage applications soon to open, our latest episode of 4PC Podcast focusses on the...
Instruct Samantha
To instruct Samantha please contact our clerks on +44 (0)20 7842 5520 or email [email protected].
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