The Corporate Enforcement Authority (“the Authority”) was established in July 2022 by the Companies (Corporate Enforcement Authority) Act 2021. The statutory mandate derives principally from the Companies Act 2014. The Authority’s functions under the Companies Act 2014 include taking appropriate civil and/or criminal enforcement action in response to identified breaches of company law.

To fulfil the mandate of the Authority, it is necessary to engage external Counsel to provide legal services. Counsel who are instructed by the Authority are required to perform work of public importance. As with any State litigation, the outcome may have a major impact on the common good and on the taxpayer. The public interest, therefore, demands that Counsel of high calibre be briefed and that the skills and experience individual Counsel can offer are suitable to the brief.

The Authority will periodically review the list of Counsel to be briefed. Counsel are welcome to provide the Authority with updated forms from time to time, to assist the Authority in identifying Counsel with the level of skill and experience which we require.

The selection of Counsel will be based on education, professional qualifications, experience and cost.

Panel of Counsel

The Authority invites Counsel who wish to express an interest in being briefed by it for the purposes of providing legal services to submit their details using the Application Form for Nomination of Counsel. Expressions of interest are invited from Counsel of upwards of two years standing.

This panel will be in force from 01 February 2025 until 31 January 2026. Counsel can apply after 01 February 2025, or withdraw their name from the panel at any time.

The panel to be created will replace the existing panel, which will cease to have effect on 31 January 2025. Those on the existing panel are hereby invited to re-apply. In the event that a Counsel on the existing panel does not apply, their name will be removed from the panel of Counsel on 31 January 2025. The CEA will advise Counsel on the current panel individually of the expiration of the current panel.

Counsel are briefed for the purposes of providing legal services, which includes judicial proceedings and criminal prosecution, before courts, tribunals or public authorities of any country or before international courts, tribunals or institutions. It also includes legal advice given in preparation for any of such proceedings, or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings.

Application Form Information

The Application Form is divided into four parts: (1) Personal Information, (2) Educational and Professional Qualifications, (3) Experience and Particulars of Practice, and (4) Section 150 Notice/Notice of Costs.

To apply for the Panel, candidates should submit the Application Form to legal@cea.gov.ie. Placement on a panel does not guarantee that an offer will be made. The Authority reserves the right to brief Counsel that are not on the panel.

The deadline for applications is 5pm on Friday 31st January 2025.

Essential Requirements

A successful panel member must:

• have been called to the Bar of Ireland and be of at least two years’ standing.
• possess a significant degree of specialist knowledge in two or more of the following areas:
  • company law,
  • criminal law and procedure,
  • civil law and procedure,
  • regulatory/enforcement law and procedure,
  • administrative law, judicial review and procedure.

Part 4 – Section 150 Notice/Notice for Costs

The Authority’s policy in briefing Counsel is to ensure that Counsel who are briefed who will provide a service of high quality which gives value for money.

Counsel are required to supply a s. 150 notice, pursuant to the Legal Services Regulation Act 2015. This notice will be reviewed regarding costs, or the manner in which costs will be charged. The Authority requires agreement that fees requested will be on the most favourable terms reasonably obtainable. The Authority will not discharge a fee note that is in excess of a reasonable rate and may negotiate a reduction where appropriate.

If Counsel becomes aware of a factor which would be likely to make the legal costs significantly higher than originally indicated, a fresh s.150 notice is require.

Applicants are required to have a valid tax clearance certificate at all times.