Raoul Downey

He undertakes both contentious and non-contentious chancery and commercial work with particular expertise in: Company law, Landlord & tenant disputes, Property law, Customs duties, Costs, Professional negligence, Professional regulation

Raoul is able to combine the substantial experience gained from a broad chancery, commercial and employment practice at the Bar with the practical business experience gained from working in an in-house role.

He undertakes both contentious and non-contentious chancery and commercial work with particular expertise in:

•  Company law
  
•  Landlord & tenant disputes
  
•  Property law
  
•  Customs duties
  
•  Costs
•  Professional negligence
•  Professional regulation

He has been involved in a wide variety of professional negligence claims, including claims against solicitors, surveyors and valuers, accountants, brokers and medical professionals. He also has represented professionals before various disciplinary tribunals. Raoul has experience of group litigation, having been involved in the HIV Haemophilia Litigation in the early 1990s.

As an advocate Raoul has extensive experience in a wide variety of civil Courts, Tribunals, and other settings. He has delivered lectures and seminars on company and costs issues and has acted as an Adjudicator for a Financial Services Compensation scheme. He was a regular participant under the ELAAS scheme in the Employment Appeal Tribunal and for the Bar Pro Bono Unit in the Court of Appeal.

Whilst working with his partner, Raoul undertook most of the internal legal work for the business including reviewing and amending terms and conditions of business, contracts and other documentation drafting and reviewing policies and procedures to ensure compliance with relevant legislation and guidelines and liaising with the business’ external advisers. He managed an appeal to the business rating valuation of the new premises and generally performed the HR function for the business. This included ensuring TUPE compliance on the transfer of the business to a limited company and successfully handling and representing the company in an Employment Tribunal claim brought by a former employee.

Commercial Law

Reported cases include:

•  Brewer v Mann & Other [2012] EWCA Civ 246 – Sale of Goods and Hire Purchase, Rejection of Goods, Warranties by dealer, Bailment by Description – Adequacy of Judges Reasons
  
  
•  Tankaria v Morgan [2005] EWHC 3282 (Ch) – Contempt of Court – Committal Application - Solicitor – failure to disclose and deliver up documents
  
  
•  Arnold v Harvey [2004] EWHC 3035 (QB) – Estate Agency- Construction of Share Sale Agreement – Application for interim injunction to restrain alleged breaches of Agreement
  
  
•  Dastagir v Khan [2004] EWHC 1302 (QB) – Company Law – Claim for monies due on sale of shares
  
  
•  London Borough of Haringey v Ball and others (HHJ Roger Cooke) 6 December 2004 – Landlord and Tenant – Local Authority Landlord - Service Charges – test cases
  
  
•  Woolwich v Twenty Twenty Productions Ltd [2003] All ER (D) 211 - Companies - Unfair prejudice to members - Exclusion of member from management of TV production company - Refusal by other members to purchase shares.
  
  
•  James Robinson Fibres Ltd v Customs and Excise Commissioners [2003] V & DR 1 - Post Clearance Recovery of Customs Duties
  
  
•  Eurofi Ltd v Teletech Ltd [2000] EWCA Civ 245 – Commission payable on a contingency, Construction of Consultancy Agreements – Regional Development Grants

Personal Interests

Outside of practice at the Bar, Raoul is currently the Vice-Chairman of the Murrisk Development Association in Ireland and takes an active part in local campaigns and projects. He is also a former international swimmer having represented Hong Kong at both Age Group and National levels. He still swims and competes as a Master at county, regional and national levels.

• Called to the Bar in 1988