Commercial agreements and advices

/Commercial agreements and advices
Commercial agreements and advices2019-03-22T15:15:08+00:00

Specialist commercial advices and drafting and negotiating commercial contracts for the public and private sector.

Our commercial agreements and advices solicitors have extensive experience in drafting and negotiating commercial contracts for clients in the public and private sectors.


We have acted extensively for distributors, agents and the companies appointing them. The correct channels of distribution for any business is vital and we provide assistance on all aspects of these arrangements including advice on the rights and obligations of the parties, The European Communities (Commercial Agents) Regulations 1994, the application of competition law, advice on the protection of intellectual property rights and the application of the European Communities (Protection of Employees on the Transfer of Undertakings) Regulations, 2003.
We have acted extensively for both franchisors and franchisees in different sectors and dealt with all aspects of the contractual arrangements including, master franchise agreements and licensing aspects, property/premises arrangements, the application of competition law and advice on the protection of intellectual property rights. Comprehensive contractual arrangements and protection of the brand format is vital to building a successful and valuable franchise business. We have been involved in projects across the different development stages ranging from start up franchises to the sale of successful franchise businesses.
We advise companies in different sectors on all aspects of their terms and conditions of sale/purchase, including limitation of liability clauses, penalty provisions, retention of title, consumer law, e-commerce issues concerning on-line selling, the application of competition law and issues arising on the international supply/purchase of goods/services.
Outsourcing the provision of services can be a useful tool in building and maintaining a successful business. We advise on all contractual aspects, employment law issues, information technology and licensing issues. We have extensive experience in drafting and negotiating contracts for the provision of services in a wide variety of sectors. We also advise regularly in drafting inter-group and consultancy agreements.
We provide advice on partnership agreements in a number of different sectors.

Contact one of our Commercial agreements and advices team

Shane Costelloe

Associate Solicitor

T: +353 61 445529
E: [email protected]

George Kennedy


T: +353 61 445516
E: [email protected]

Neil O’Gorman

Senior Associate Solicitor

T: +353 61 445547
E: [email protected]

Stephen Walker


T: +353 1 6344974
E: [email protected]


Please contact us and one of our experienced solicitors will be in touch shortly.

Clients like that Stephen Walker is “very commercial and practical and knows when to have a fight.” Walker represented Panda Waste Management in negotiations with Greenstar concerning a share purchase agreement.’  
Corporate/M&A – Chambers Global 2017
Clients praise his ‘strong corporate knowledge’ and describe him as 'very pragmatic'. Stephen Walker has a strong focus on clients from the solar energy sector, whom he advises on mergers, corporate finance and structuring.
Corporate/M&A – Chambers Global 2019
Up and Coming: George Kennedy assists domestic and international businesses and private equity funds with investments, acquisitions and divestitures. He also has experience in MBOs. Clients say he “possesses excellent interpersonal and communication skills, and has huge expertise and knowledge in corporate law.”
Corporate/M&A – Chambers Global 2020
‘They have the scale required so that the team do not disappear just when you need them to work on another client. Sandra Egan has been very thorough in chasing down at times difficult issues and counterparts. George Kennedy has always been available to talk about stuff when required and help on broader commercial advice. I also see a firm, especially managing partner Harry Fehily, committed to supporting pro bono work and not-for-profit organisations and the broader Limerick environment.’
Legal 500 EMEA 2020
Holmes O'Malley Sexton has particular expertise in the education sector, where the team represents a number of universities, but also acts for a range of state and semi-state bodies and statutory corporations. The practice has advised on judicial review proceedings, disputes in the public sector, complaints and investigations, and public procurement issues. Based in the firm's Limerick and Dublin offices, managing partner Harry Fehily has extensive experience of judicial reviews and regulatory investigations, while Pat McInerney regularly acts for public bodies in litigation, including professional negligence, defamation, breach of contract and property-related cases.
Public Sector – Legal 500 EMEA 2020
‘Excellent client service and a professional and experienced team.‘ ‘George Kennedy and associates Shane Costelloe and Neil O’Gorman are professional, flexible and show a passion for the ultimate success of their client’s business.‘ ‘Managing partner Harry Fehily has an innate talent for client service.’
Corporate, Commercial and M&A – Legal 500 EMEA 2020
Based across the firm's offices in Dublin, Limerick and Cork, the 'strong' team at Holmes O'Malley Sexton is especially active in M&A transactions, although it also advises on corporate investments, group restructurings, joint ventures and corporate governance. The team counts major domestic companies among its clients, particularly in the engineering and construction, healthcare, aviation, and food and agribusiness sectors. Dublin-based practice head George Kennedy is praised for his 'energy and enthusiasm' and 'always-on service'. In addition to corporate transactions, he regularly advises on risk awareness and mitigation.
Corporate, Commercial and M&A – Legal 500 EMEA 2020
"HOMS Solicitors introduced us to our strategic investor and executed on the transaction on time and on budget. First class."
PJ Flanagan, CEO of H&MV Engineering
“HOMS Solicitors are very strong, both on legal technicalities and the practicalities of closing agreements with different international parties”
Matthias Sierig, Deloitte, in connection with acquisition of BUCAS
George Kennedy - Recognised Practitioner
Corporate/M&A, Chambers Global 2019
George Kennedy – Next Generation Lawyer
Commercial, Corporate and M&A, Legal 500 EMEA 2018
Holmes O'Malley Sexton’s team is led by the ‘outstanding’ George Kennedy, who is based in Dublin; Kennedy advised the shareholders on the sale of Barringtons Hospital to Bons Secours Group. In Limerick, senior associate Shane Costelloe impresses with his ‘work rate and attention to detail’.
Commercial, Corporate and M&A, Legal 500 EMEA 2018
Winner of Best Employer: Talent Development and Workplace Wellness Award 2017
Limerick Chamber Regional Business Awards
Next Generation Lawyer: George Kennedy
Commercial, Corporate and M&A, Legal 500 EMEA 2017
Holmes O’Malley Sexton shows the ability to ‘simplify rather than complicate legal issues’. Recent work includes a number of multimillion-euro M&A deals, as well as advising NVMdurance on a series A funding round. The ‘very solution-driven’ George Kennedy heads the practice from Dublin, with some colleagues being based in Limerick.
Commercial, Corporate and M&A, Legal 500 EMEA 2017

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