Joseph Dalby SC practices in England & Wales, and in the Republic of Ireland, and appears before the courts of both. His main areas of practice are commercial law, statutory regulation and chancery, and the commercial aspects of public law.
He specialises in transactions and disputes in respect of contracts of all description and purpose, business activities and assets that are regulated by law, trust or contract, breach of duty (however arising) and economic torts, and government agreements and decisions in relation to funding, finance and commerce. In addition he has and is willing to deal with a range of related or niche areas including intellectual property, competition, procurement, ICT, construction, company law, environment, employment, data protection, consumer, and pensions.
A major influence on his practice, and range of disciplines has been European Union and international law, having practiced continually on cross-border issues since the early 1990s, and with extensive periods in Brussels, South-East Europe and the Middle East, as well as in Ireland since 2000.
Commercial and Litigation
- Review and advice of regulatory compliance of agreements, corporate entities, business transactions, market conditions, and the commercialization of goods and services
- Cross-border issues including jurisdiction, EU law competition, cross-border trade, conflict national laws, human rights.
- Drafting, reviewing and negotiating and enforcing contracts, agreements, terms of trade, settlement of disputes.
- Advocacy (both written and oral) before the higher courts of England & Wales and Ireland and regulatory bodies
Examples of past work - commercial
- Business transactions, mergers and acquisitions
- Corporate formation, structures and due diligence
- Contracts and commercial transactions
- Joint ventures and collaboration
- Intellectual property rights protection and enforcement
- E-commerce and ICT
- commercialisation of goods and services
Example of past work - regulatory
- Compliance in regulated markets
- Business models, polices and contracts
- Self-regulation of markets and reseller/distribution networks
- Consumer and employment protection.
- EU, Irish and UK competition law
- Access to markets, barriers to entry, and dominance
- Access, residency and free movement
- Agency Distribution and vertical arrangements
- Company Law, Mergers and Takeovers
- Consumer and Product liability
- Commercial Contracts
- Agency and distribution
- Employment and equality
- Banking and Financial Services
- Intellectual Property and Data Protection
- Competition, State Aid and Public contracts
- Property, Trusts and Succession
- Environmental protection
- Custom duties, import/export
- Litigation, injunctions and judicial review
- Jurisdiction and Choice of law
- technical assistance to transitional economies.
- analyzing and advising on international, European and national constitutions, legislation, case law, policies, contracts, business practices and transactions, and disputes.
- Origination and drafting of legislation, regulatory powers and procedures, contracts, best practice statements, company statutes, guidelines, manuals and other documentation.
- concept elaboration, research and analysis, document origination and development, solution-finding, and dispute resolution
- Training and educating professionals, decision-makers and administrators according to syllabus, or by way of bespoke workshops and on-the-job training
“Drone” is the informal term commonly used in place of a variety of terms also in common use, of which “remotely piloted aircraft system” or RPAS is the term used for regulatory purposes to denote an civilian un-crewed aircraft that is flown under power (usually electric) and controlled remotely. Other terms are unmanned aerial vehicle (UAV*), and unmanned aerial system (UAS). Future regulation of the commercial and residential use of drones is likely as with all aviation, to coordinated at an international and European level. It is also juxtaposes with other disciplines including property rights, privacy and data protection, intellectual property, criminal and civil liability, etc.
Joseph Dalby is a qualified RPAS pilot, and has co-authored several articles and spoken at events in UK and Ireland. Two articles on Lexis Nexis are imminen. Separately he is founder of consultancy firm FlightPath Consulting – although it is not actively managed presently.
Brexit has turned the focus on Ireland and Irish law as the remedy for all legal imponderables and complications, which might arise from the UK’s departure from the European Union, and which may not be addressed by the UK-EU trade treaty that replaces membership. Even taking into account common law and European traditions, Irish statutes and caselaw amount to a whole body of law to acquire an appreciation of.
Joseph has practised in Irish law for 18 years, and before the Irish courts for 8. He range of practice complements his practice in England & Wales.
In addition to advising on Irish law, and representing UK and international clients before the Irish courts, Joseph also offers seminiars to provide English practitioners with an introduction to Irish law, and then in some particular disciplines. A more general seminar can cover, Irish Constitutional, European and International legal traditions, Common law comparisons, Legal practice in Ireland and Advising on European Law Through Irish Law.
Procurement and Government Commerce
Fundamentally an extensive practice in public procurement exposes the practitioner to both public law (regulatory) and commercial legal issues. The field of public procurement is represented by a large and varied but identifiable and separate user market, involving both public and private sector participants. Procurement law was originally and is now substantially a product of European Union law, and combines the rules of competition, free movement as well as touching on underlying rules on health and safety, environment and employment. Separately, there is now a significant body of procurement law in the form of directives, national law and case law. In parallel, procurement is a regulated commercial activity carried on my state entities using public funds. Thus to properly advise on public procurement matters requires a mix of commercial acumen and regulatory compliance skills. Joseph has been advising on government commerce since the mid-1990s, and is available to advise both buyers and suppliers.
Lawyer Legal Roundup
A Performance Bond, Deconstructed (2010) 11 BLI 105
Challenging Times – Remedies in Public Procurement, (2009) 1 IBLQ 5
Setting Off Summary Judgement (2009) 3 IBLQ 1
Performance Bonds – Issues of Drafting, Execution and Enforcement (2009 3(4) IBLQ 14
A New Remedies Directive, European PPP Forum, EIPA June 2006
EU law for the Construction Industry
Remedies for Infringement of the Government Procurement Agreement
Advanced Deposits & the Package Travel Directive - Travel Law Journal  TLJ 11
Construction Produces and European Technical Approval
Liabilities and Warranties in the Construction Industry
Community NewsScan Service
Notice to national Courts on the Application of Articles 85 and 86
Occasional internal continuing professional development seminars to legal professionals (continuing)
“Local Authorities and the Duty to Consult” to London Boroughs Legal Alliance (2014)
“Local Authorities and Electronic Procurement” to London Boroughs Legal Alliance (2014)
“Conducting a Lawful Procurement Process II” to King’s Inns Advanced Diploma in Public Proc...
“Public Procurement From The Perspective of Public Bodies”, Corporate & Public Lawyers As...
"Secondary Policies in Public Procurement" to ISEL Procurement Law Forum (2011)
“Performance Bonds – ‘Virtual Promissory Notes’?”, UCD Commercial Law Centre (2009)
Occasional training seminars for civil servants 2005 to date)
Regular speaker at continuing professional development courses through the mid-1990s
Appointments & Memberships
- Panellist accredited by the World Intellectual Property Organisation, Geneva for Uniform Dispute Resolution Policy administrative proceedings
- Panellist accredited by the Czech Arbitration Court, Prague for .eu Alternative Dispute Resolution Proceedings
Student Transport Scheme Ltd v The Minister for Education and Skills & Anor  IEHC 425,  IECA 303,  IECA 152
Harley Medical Group (Irl) Ltd v Companies Acts 1963-2012  IEHC 219
McCoy v McCoy & Anor  IEHC 82
Gaswise Ltd v Dublin City Council  IEHC 56
Willmott Dixon Partnership Ltd v London Borough of Hammersmith and Defendant Fulham  EWHC 3191 (TCC)
- Degree in Law - LL.B. (Honours), London South Bank University, 1987
- Licence speciale en droit europeen (Masters Degree in European Law), Universite Libre de Bruxelles, 1996
- Barrister – Called to the Bar of England and Wales, Middle Temple,1988
- Barrister – Called to the Bar of Ireland, 1993 to 2000, and then from 2008 to date
- Solicitor – Admitted as Solicitor of the Law Society of Ireland, 2000 to 2007