Desmond Carr

Director

Des is a director in the Commercial Litigation Department.  He trained and qualified in England in 2007, and returned to Northern Ireland in 2012.  He joined Tughans in 2015 after eight years working in and running litigation teams at national UK and international firms.

Des deals with commercial, banking and construction disputes, as well as professional negligence claims against accountants, solicitors, valuers and construction professionals.

Highlights

  • Leading project team working for a range of banks and lenders pursing professional negligence claims arising out of secured residential and commercial lending transactions, to include the review of thousands of lending transactions with total losses in excess of £135m
  • Successfully acted for plaintiffs in The Mortgage Business plc and Bank of Scotland plc v Thomas Taggart & Sons [2014] NICh 14 (landmark Northern Ireland decision in delivery up of solicitors’ files)
  • Successfully acted for Gibson Bros in successful High Court action to enforce £2.2m adjudication award, and acting in subsequent arbitration proceedings which lead to Court of Appeal decision in Fermanagh District Council v Gibson (Banbridge) Limited [2014] NICA 46 (extension of time to serve notice of intention to refer to arbitration)
  • Acted for main contractor in successful arbitration claim against subcontractor arising out of NEC3 contract for £300k refurbishment of harbour wharf and dealing with parallel High Court proceedings
  • Acted for Linergy in successful adjudication claim against contractor arising out of JCT contract for construction of rendering plant
  • Acting for administrator of national construction company Patton Group in claim for £700k outstanding contract sum
  • Acting for construction company FB McKee Ltd in multi-party High Court proceedings arising out of defective works in construction of a hospital
  • Acted for former owner of road construction company SWL in defence of a claim by Spanish-based advisor for part of £4.3m share sale proceeds
  • Acted for national supermarket chain Somerfield against international brewer AB InBev in multimillion damages claim
  • Acting for property group WCR in £2.5m professional negligence claim against structural engineers
  • Acted in £5m loss of profit claim against Carole Nash Insurance arising out of sale of customer information