Niamh Cleary

Niamh Cleary

Call 2012

“A superstar – she is a first class operator, super bright, super responsive, clients love her, good strategic thinker, great on her feet and on paper – she has a very bright future at the Bar. A silk in the making.”


Legal 500

For enquiries please contact

Alfie Harper

Alfie Harper
Team Leader
+44 (0)20 7842 3806
Click here to email

Sam McCrone-small

Sam McCrone
Team Leader's Assistant
+44 (0)20 7842 3714
Click here to email

Expertise

Niamh has a broad and varied aviation practice, encompassing commercial, regulatory, and aviation finance disputes. She has advised airlines on wide-ranging regulatory issues, including code-sharing and route access, immigration and border control, and various aspects of consumer law. Her practice encompasses technical aviation disputes, including in the fields of product liability and aviation leasing. She also advises on and acts in aviation insurance disputes.

Notable Aviation & Travel Cases


FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Co [2024] EWHC 1945

Instructed (with Richard Lissack KC, Akhil Shah KC et al) in a complex aviation leasing dispute involving claims under the Cape Town Convention and claims for breach of the lease return conditions.


Re Ukrainian Aircraft Operator Policy Claims (Jurisdiction Applications) [2024] EWHC 1365 (Comm)

Instructed (with James Brocklebank KC) by various reinsurers in a successful jurisdiction challenge against claims brought under hull war risks policies following the Russian invasion of Ukraine.


On the Beach Ltd v Ryanair UK Ltd [2023] EWHC 2694 (Comm)

Acted (with Brian Kennelly KC) for Ryanair in a claim brought by several online travel agents under the Package Travel and Linked Travel Arrangements Regulations 2018.


Cooper v dnata Catering Services Limited [2022] EWHC 2216 (Comm)

Successfully defended, as sole counsel, an airline catering company from a claim arising from an alleged breach of a shareholders’ agreement.


On the Beach Limited v Ryanair UK Limited

Acted (with Brian Kennelly KC, Sarah Abram KC et al) for Ryanair in a claim for alleged breach of dominant position.


Travel Republic Limited v Ryanair DAC and Ryanair UK Limited

Instructed (with Brian Kennelly and Nicolas Damnjanovic) on behalf of Ryanair in a claim under the Package Travel and Linked Travel Arrangements Regulations 2018.


Inquest into the death of Emiliano Sala

Acting for aircraft manufacturer Piper Aircraft Inc in the inquest into the death of Emiliano Sala, an international footballer who was killed when the aircraft in which he was travelling crashed into the English Channel in January 2019.


Shoreham Airshow Inquest

Appeared on behalf of The RAFA Air Show Limited in the inquest into the 2015 Shoreham Airshow crash.


Credit Suisse A.G. v Global Business Assets Investments Incorporated and Another

Acted (with Akhil Shah KC) in a claim brought by Credit Suisse following repossession and sale of an aircraft.


Successfully defended (as sole counsel) an airline under investigation by the Competition and Markets Authority.


Various enforcement and possession claims in respect of both mortgaged and leased aircraft.

Notable Banking & Finance Cases


CNM Estates (Tolworth Tower) Ltd v Vecref I Sarl [2020] EWHC 1605 (Comm)

Led by Mark Simpson KC in a dispute regarding the proper construction of certain terms of the LMA syndicated loan documentation.


HMG Investment Holdings Limited v Royal Bank of Scotland [2018] EWHC 3492 (Comm)

Successfully (led by Andrew Ayers KC) defended a bank in respect of the mis-sale of an interest rate hedging product.


Successfully represented the liquidators of a major financial institution in the adjudication of several confidential claims following the insolvency of the institution.

Notable Commercial Disputes Cases


Cooper v dnata Catering Services Limited [2022] EWHC 2216 (Comm)

Successfully defended, as sole counsel, an airline catering company from a claim arising from an alleged breach of a shareholders’ agreement.


Kazakhstan Kagazy Plc v Zhunus [2017] EWHC 3374 (Comm) and [2018] EWHC 369 (Comm)

Acting (with Michael Ashcroft KC and Alexander Milner KC) for the respondent in respect of enforcement proceedings brought against a non-party, following a US$300 million judgment handed down against the principal defendants.


Various commercial disputes, including breach of warranty disputes, indemnity claims, and commercial debt claims.

Notable Competition Cases


AD Tech Collective Action LLP v Alphabet Inc [2024] CAT 38

Instructed (with Robert O’Donoghue KC, Gerry Facenna KC et al) by the class representative in its successful application to certify collective proceedings on behalf of UK publishers who have suffered loss as a result of Google’s abuse of dominant position in the adtech sector.


UK Trucks Claim Ltd v Stellantis NV (formerly Fiat Chrysler Automobiles NV) [2022] CAT 25

Acted (with Rhodri Thompson KC and Nicholas Gibson) for UK Trucks Claim Ltd in its application for permission to bring collective proceedings for damages arising from the anti-competitive practices of a cartel of European truck manufacturers. This case was listed in The Lawyer’s Top 20 Cases of 2019.


On the Beach Limited v Ryanair UK Limited and Ryanair

Acted (with Brian Kennelly KC, Sarah Abram KC et al) for Ryanair in a claim for alleged breach of dominant position.


Instructed to advise on competition law issues in various claims, including a trade credit insurance scheme and abuse of dominant position in the gambling sector.

Niamh has acted across a wide range of insurance disputes, with a particular emphasis on political risk insurance and aviation insurance.

Notable Insurance Cases


Re Ukrainian Aircraft Operator Policy Claims (Jurisdiction Applications) [2024] EWHC 1365 (Comm)

Instructed (with James Brocklebank KC) by various reinsurers in a successful jurisdiction challenge against claims brought under hull war risks policies following the Russian invasion of Ukraine.


Brazaline Ltd & Anor v Lloyd's Syndicate 510 KLN

Instructed in a war hull risks insurance claim following the Russian invasion of Ukraine.


White Oak Europe Acquisition Limited v Axis Managing Agency Limited

Acting (with Patricia Robertson KC) in a claim under a Warranty and Indemnity policy.


A v B

Acting (with Leigh-Ann Mulcahy KC and Ben Lynch KC) in an LCIA arbitration relating to a political risk insurance dispute arising from the July 2021 riots in South Africa.


A v B

Acting (with Charles Béar KC and Ben Lynch KC) in an LCIA arbitration relating to a political risk reinsurance dispute.


Instructed (as sole counsel) by the Ministry of Defence to advise on environmental and property damages indemnity claims.

Notable Group Litigation Cases


AD Tech Collective Action LLP v Alphabet Inc [2024] CAT 38

Instructed (with Robert O’Donoghue KC, Gerry Facenna KC et al) by the class representative in its successful application to certify collective proceedings on behalf of UK publishers who have suffered loss as a result of Google’s abuse of its dominant position in the adtech sector.


UK Trucks Claim Ltd v Stellantis NV (formerly Fiat Chrysler Automobiles NV) [2022] CAT 25

Acted (with Rhodri Thompson KC and Nicholas Gibson) for UK Trucks Claim Ltd in its application for a collective proceedings order for damages arising from the anti-competitive practices of a cartel of European truck manufacturers over a 14-year period (listed in The Lawyer’s 20 Top 20 Cases of 2019).


Rowe & Ors v Ingenious Media Holdings Plc & Ors [2020] EWHC 1731 (Ch)

Instructed (with Richard Coleman KC and David Yates KC) by Coutts in the Ingenious Litigation to defend claims arising from advice given in respect of investments in the Ingenious film partnerships. This case was listed in The Lawyer’s Top 20 Cases of 2018.

Niamh has acted in a number of arbitrations under various institutional rules including, LCIA, ICC and SIAC.

Notable International Arbitration Cases


A v B

Instructed in an LCIA arbitration relating to a professional negligence claim (with Stephen Moriarty KC).


A v B

Acting (with Leigh-Ann Mulcahy KC and Ben Lynch KC) in an LCIA arbitration relating to a political risk insurance dispute arising from the July 2021 riots in South Africa.


A v B

Instructed in an LCIA arbitration relating to a £500 million+ reinsurance dispute (with Charles Béar KC and Ben Lynch KC).


A v B

Acting in an ICC claim relating to the licensing of football broadcasting rights.

Notable Media & Entertainment Cases


Instructed as sole counsel to advise on commercial claims arising from an alleged failure to comply with the Gambling Commission Regulations.


Acting in an ICC arbitration relating to the licensing of football broadcasting rights.

Notable Procurement Cases


R (Good Law Project) v The Secretary of Health for Social Care [2022] EWHC 2468 (TCC)

Successfully defended the Secretary of Health for Social Care in a procurement challenge brought under the Public Contracts and Utilities Regulations in respect of the award of antibody testing contracts during the Covid-19 pandemic.


Secretary of State for Transport v Arriva Rail East Midlands Ltd [2020] EWHC 1568 (TCC)

Successfully defended the Secretary of State for Transport in four separate procurement claims arising from the disqualification of bidders from three separate franchise competitions for failing to comply with the pension requirements of the competitions.


Instructed to advise the Ministry of Defence in a procurement challenge brought under the Public Contracts and Utilities Regulations 2015.


Instructed to advise the Secretary of Health for Social Care in a procurement challenge brought under the Public Contracts and Utilities Regulations 2015.

Notable Professional Negligence Cases


A v B

Instructed in an LCIA arbitration relating to a professional negligence claim (with Stephen Moriarty KC).


Rowe & Ors v Ingenious Media Holdings Plc & Ors [2020] EWHC 1731 (Ch)

Instructed by Coutts in the Ingenious Litigation to defend claims arising from advice given in respect of investments in the Ingenious film partnerships. Led by Richard Coleman KC and David Yates KC, instructed by TLT LLP. This case was listed in The Lawyer’s Top 20 Cases of 2018.


CNM Estates (Tolworth Tower) Limited v (1) Vecref I Sarl [2020] EWHC 1605 (Comm)

Acted (with Mark Simpson KC) for LPA receivers in a multiparty professional negligence claim.


Instant Access Property Limited v Rosser and Ors [2018] EWHC 756 (Ch)

Successfully defending (led by Mark Simpson KC) a firm of accountants in a multiparty professional negligence and fraud claim.


Instructed to advise on various claims against insurance brokers further to coverage disputes with insurers.

Notable Sports Cases


Cardiff City FC v Mackay & Ors

Represented (led by Jeff Chapman KC and Caspar Glyn KC) the claimant football club in three separate sets of proceedings against its former head coach and others in relation to claims of conspiracy, misrepresentation, and unjust enrichment.


A v B

Acting in an ICC arbitration relating to the licensing of football broadcasting rights.


Warren v Burns [2014] EWHC 3671

Defended the boxer Ricky Burns in respect of claims and counterclaims arising from management and promotion agreements concluded between the parties. Led by Mark Simpson KC, instructed by Mishcon de Reya.

"Niamh is astonishingly bright and her analysis is always spot on. She is particularly adept at unravelling knotty areas of law. A junior who fights hard for her clients."


Legal 500

"She is extremely clever and could not work harder for clients."


Legal 500

“Niamh is an absolute ball of energy and is an extraordinarily talented barrister – a real star in the making.”

“Niamh is an outstanding litigation junior - she works hard, wastes no time in getting to the crux of the issues, and is always a great pleasure to work with.”


Legal 500

“Niamh is approachable, bright and always willing to go the extra mile.”


Legal 500

"Niamh has wisdom way beyond her years of call, is immensely hard working and is someone that clients love. She really pulls the drains up when required to do so, and covers all the angles of a case."


Chambers & Partners

"Niamh is very intelligent, extremely hardworking, indefatigable and quite courageous in arguing complex points with difficult clients. She is a real asset to the team."


Chambers & Partners

"Niamh is unbelievably talented - bright, hard-working and pleasure to work with."


Chambers & Partners

"Niamh is doing very well in general commercial litigation and competition group litigation. She is an excellent player in this area and a very capable junior."


Chambers & Partners

Chambers & Partners

  • Aviation
  • Group Litigation

Legal 500

  • Aviation
  • Group Litigation
  • Insurance & Reinsurance

  • BPTC, BPP Law School (Very Competent)
  • PhD, Trinity College Dublin
  • LLM, Sidney Sussex College, University of Cambridge (First Class)
  • LLB, Trinity College Dublin (First Class)

  • Called to the Bar of the Republic of Ireland

  • Lord Denning Scholarship, The Honourable Society of Lincoln’s Inn (2011)
  • Postgraduate Scholarship, Irish Research Council for the Humanities & Social Sciences (2009)
  • Leonard Coling Scholarship, Sidney Sussex College, University of Cambridge (2008)
  • Trinity College Postgraduate Research Studentship Award, Trinity College Dublin (2008)
  • Scholar of Trinity College Dublin (2005)

  • Appeals under section 69 of the Arbitration Act 1996 in Puschmann (ed) Challenges in Arbitration (2019, Butterworths)
  • Contributor, “Underwriters Negligence” in Simpson (ed) Professional Negligence and Liability
  • “Opening and Closing Submissions”, in Sweet & Maxwell, Law and Practice of Commercial Litigation in Singapore (2015)
  • Property, Proportionality and the Defence of Change of Position”, in Mitchell, Elliott and Häcker (eds) Restitution of Overpaid Tax (2012)
  • “More Questions than Answers: Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners” (2013) 24 KLJ 130
  • “Constitutional Principles and Restitution of Unlawfully Exacted Tax” in Carolan (ed), The Constitution of Ireland: Perspectives and Prospects (2012)
  • “Restitution and Public Law” [2012] RLR 38

  • French (conversational)
  • Irish (conversational)

For enquiries please contact

Alfie Harper

Alfie Harper
Team Leader
+44 (0)20 7842 3806
Click here to email

Sam McCrone-small

Sam McCrone
Team Leader's Assistant
+44 (0)20 7842 3714
Click here to email

"Niamh is astonishingly bright and her analysis is always spot on. She is particularly adept at unravelling knotty areas of law. A junior who fights hard for her clients."


Legal 500

"She is extremely clever and could not work harder for clients."


Legal 500

“Niamh is an absolute ball of energy and is an extraordinarily talented barrister – a real star in the making.”

“Niamh is an outstanding litigation junior - she works hard, wastes no time in getting to the crux of the issues, and is always a great pleasure to work with.”


Legal 500

“Niamh is approachable, bright and always willing to go the extra mile.”


Legal 500

"Niamh has wisdom way beyond her years of call, is immensely hard working and is someone that clients love. She really pulls the drains up when required to do so, and covers all the angles of a case."


Chambers & Partners

"Niamh is very intelligent, extremely hardworking, indefatigable and quite courageous in arguing complex points with difficult clients. She is a real asset to the team."


Chambers & Partners

"Niamh is unbelievably talented - bright, hard-working and pleasure to work with."


Chambers & Partners

"Niamh is doing very well in general commercial litigation and competition group litigation. She is an excellent player in this area and a very capable junior."


Chambers & Partners

Chambers & Partners

  • Aviation
  • Group Litigation

Legal 500

  • Aviation
  • Group Litigation
  • Insurance & Reinsurance

  • BPTC, BPP Law School (Very Competent)
  • PhD, Trinity College Dublin
  • LLM, Sidney Sussex College, University of Cambridge (First Class)
  • LLB, Trinity College Dublin (First Class)

  • Called to the Bar of the Republic of Ireland

  • Lord Denning Scholarship, The Honourable Society of Lincoln’s Inn (2011)
  • Postgraduate Scholarship, Irish Research Council for the Humanities & Social Sciences (2009)
  • Leonard Coling Scholarship, Sidney Sussex College, University of Cambridge (2008)
  • Trinity College Postgraduate Research Studentship Award, Trinity College Dublin (2008)
  • Scholar of Trinity College Dublin (2005)

  • Appeals under section 69 of the Arbitration Act 1996 in Puschmann (ed) Challenges in Arbitration (2019, Butterworths)
  • Contributor, “Underwriters Negligence” in Simpson (ed) Professional Negligence and Liability
  • “Opening and Closing Submissions”, in Sweet & Maxwell, Law and Practice of Commercial Litigation in Singapore (2015)
  • Property, Proportionality and the Defence of Change of Position”, in Mitchell, Elliott and Häcker (eds) Restitution of Overpaid Tax (2012)
  • “More Questions than Answers: Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners” (2013) 24 KLJ 130
  • “Constitutional Principles and Restitution of Unlawfully Exacted Tax” in Carolan (ed), The Constitution of Ireland: Perspectives and Prospects (2012)
  • “Restitution and Public Law” [2012] RLR 38

  • French (conversational)
  • Irish (conversational)

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