LONDON, UK – 09 October 2024 – Davies, the leading specialist professional services and technology business serving insurance, financial services and highly regulated markets, today announced the expansion of its legal solutions arm, Keoghs, into Ireland through establishing Keoghs Ireland, which will acquire the assets from OBL (O’Brien Lynam Solicitors), a Dublin-based law firm.

OBL is a full-service law firm that acts for European and multinational insurers, PLCs, financial institutions, investment funds, semi-state bodies as well as corporate entities and private individuals.

OBL’s internationally renowned team of experts in insurance, litigation, property, banking and commercial law will be joining Davies’ existing legal solutions arm, top 40 law firm, Keoghs. Founding partners Michael Lynam and Jack O’Brien, along with six partners and an experienced team of 30 professionals will form part of Davies’ Complex & Specialty division led by Chief Operating Officer, Laura Warwick.

Keoghs [UK/England & Wales] was acquired by Davies in 2020 and provides claims and legal expertise to insurers, businesses and other suppliers to the insurance industry. The deal agreed with OBL marks Keoghs’ first expansion outside the UK, as part of its strategy to broaden its reach into new geographies.

Following the deal, Keoghs will be able to offer clients in Ireland a wide range of insurance litigation capabilities specific to Ireland, including specialist defence litigation for the London Market and adjusters, as well as expertise in professional negligence. The OBL team will continue to support existing clients and, as part of the wider Keoghs team, will also provide advice and counsel to clients within Keoghs’ & Davies’ wider network.

The announcement today is Davies’ third move in the legal sector to date, following the acquisitions of Keoghs in 2020 and Shoreside Law earlier this year. In 2023, Davies announced a new simplified structure which saw it bring together its UK and Ireland based claims and legal solutions under CEO, Allison Carr, to streamline its operations and drive additional value for clients.

Dan Saulter, Group CEO, Davies, commented: “The transaction with OBL marks a significant step for our Keoghs business and its growth strategy, while building on our existing claims operations in Ireland. The team is highly respected for their specialist expertise and knowledge and will be an excellent addition to our end-to-end claims solutions offering across the UK & Ireland.”

Jack O’Brien, Founding Partner of OBL, said: “Today’s announcement marks a significant milestone in OBL’s 25-year history. Since founding the firm, we have grown organically with the support of our loyal clients and team take pride in the results that we have delivered and the impact we have made in the market.”

Michael Lynam, Founding Partner of OBL, added: “Joining Davies, and becoming part of Keoghs, allows us to tap into the deep expertise that the Keoghs team brings while also providing us with the opportunity to broaden our offering to our existing clients on the claims litigation side and also in our Property and Banking practice.”

Davies has consistently delivered high single digit annual organic growth which alongside its M&A strategy, has seen the firm grow revenues more than 25-fold since 2014. Over the last five years, Davies has invested heavily in research & development, innovation & artificial intelligence (“AI”), platform integration & underlying business systems, colleague development, and client service. Davies’ artificial intelligence claims product, Lauri, has revolutionised the processing of both personal injury and credit hire claims, reducing average handling times by 30 minutes, and supporting the delivery of more accurate claim valuation.

Davies’ financial advisors for this transaction were RSM UK Corporate Finance LLP, and its lawyers were A&L Goodbody LLP. Davies’ tax advisors were RSM Ireland. OBL’s corporate advisors for this transaction were Azets Ireland and its lawyers were Addleshaw Goddard (Ireland) LLP.

In the recent case of Byrne -v- Arnold (2024) IEHC308, Mr Justice Kennedy reducedrecoverable party and party costs by 5% for failure to comply with the statutory obligations pursuant to Section 14 of the Mediation Act, 2017.

The requirement is for the moving party’s solicitor, in the normal course, on behalf of the Plaintiff to advise that Mediation ought to be considered as an alternative basis to litigation.

The benefits of Mediation have been highlighted and should be considered in the context of this decision. Mediation can be less costly, confidential, flexible with a neutral party actively assisting the parties towards a negotiated settlement. Mediation often operates in parallel to litigation and is never a bar to proceeding with litigation if unsuccessful. Mediation often serves to reduce the issues in dispute.

Mr Justice Liam Kennedy highlighted his considered views regarding the perception of a litigant “showing weakness by proposing Mediation”. He further noted that Section 14 allowed a type of “get out” for that perception in that it is a statutory and professional requirement of litigation.

In practice, there can often be the misconception that Mediation takes place at the commencement of the case, however, his decision highlighted that parties could agree Mediation and continue to exchange pleadings and obtain expert reports in order to prepare for same.

The Judgment further noted that it was not an excuse that urgency might dispense with the requirement to recommend Mediation. Broadly speaking his view was that it should be considered in any consultation before an action no matter how unlikely it would lead to a positive outcome.

In considering the costs penalty, he reduced the party and party solicitor’s fees by 5%. He did consider a higher penalty for the failure to comply with the statutory obligations in Section 14 of the Mediation Act 2017 and stated that a higher amount could be imposed in the future for non-compliance.

The Judgment serves as a timely reminder of the obligations to investigate or consider Mediation and the costs penalties for not considering same. It is noted that a more significant costs penalty could be imposed in future cases and in particular reaffirms the requirement of a Statutory Declaration to be filed in order to avoid a Court adjourning proceedings.

Mary Byrne
Partner
OBL Solicitors.

On the 12 th July 2024, OBL Partner, Mary Byrne, led another successful defence of the within proceedings in Kilkenny Circuit Civil Court before his Honour Judge Dunphy on behalf of St. Kieran’s College Kilkenny last month.

This case involved allegations regarding a frozen equestrian arena surface causing a 13 year old boy to fall off his horse and sustain injuries during an interschools equestrian competition. A full defence was delivered with appropriate defence expert equestrian and engineering evidence procured by OBL Solicitors.

In an unequivocal dismissal of the Plaintiff’s case, the Trial Judge determined that the incident, the subject matter of the within proceedings, was a the horse riding accident. He held that the surface of the show jumping arena was professionally installed and not causative of the Plaintiff’s horse slipping. He held that the event was properly organised and managed and that the prevailing conditions were safe for the event to proceed and found no evidence of negligence on the part of the Defendants and therefore no liability could attach to any of them.

These proceedings issued prior to the enaction of the amendments of the Occupiers Liability Act on the 31 st July 2023 which will grant further and wider defences in such recreational and equestrian type claims.