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Professor Hilary Biehler, School of Law, Trinity College Dublin

Hilary Biehler

Catherine Donnelly

Professor of Public Law
Law and Business Coordinator (Law)

School of Law
Room 14, House 39
Trinity College, Dublin 2
Tel: (01) 896 1276
Fax: (01) 677 0449
Email: hilary.biehler at tcd.ie

Areas of Interest:

Administrative Law, Civil Procedure and Equity

Biography

Hilary Biehler B.A.(Mod.), M.Litt., Ph.D., LL.D. F.T.C.D. (1998), Barrister-at-Law is Professor of Public Law and a Fellow of Trinity College, Dublin. She was called to the Irish Bar in 1988 and practised as a barrister for a number of years. Since 1991, she has lectured in the Law School and has taught courses in Administrative Law, Equity, Civil Procedure and Constitutional Law II. She was a Commissioner with the Law Reform Commission from 1997 - 2005 and chaired a Working Group on Reform of Judicial Review Procedure which was set up by the Commission. She was Editor of the Irish Law Reports Monthly from 1993-2008, is the author of a number of books and has written extensively in the fields of Administrative Law, Equity and the law of Trusts and Civil Procedure. She has been Head of the Law School from 2003-2005, 2008-2010 and 2011 to 2014. She was Vice-Dean of the Schools of Law and Education in 2005-2006 and Pro-Dean of the Faculty of Arts, Humanities and Social Sciences 2010-2011.

Professional Qualifications

Degree of Barrister-at-Law, The Honorable Society of King’s Inns, Dublin, 1988  

Representations

Commissioner, Law Reform Commission - April 1997 to May 2005.

Administrative Functions

Head of Law School, October 2003 to September 2005 and July 2008 to date

Pro-Dean, Faculty of Social and Human Sciences, October - December 2007

Interim Head of Law School, July to October 2006

Vice Dean, Schools of Law and Education, October 2005 to July 2006

Fellow of Trinity College, Dublin  1998

 

Awards and Honours / Education Details

LL.D. in Law, University of Dublin 2005

Ph.D. in Law, University of Dublin 1999

Degree of Barrister-at-Law, The Honourable Society of King's Inns 1988

M. Litt. in Legal Science, University of Dublin 1988

B.A. (Mod.) in Legal Science, University of Dublin 1986

 

Employment Details

Professor of Public Law, Trinity College Dublin, 2012 to date
Professor in Law, Trinity College Dublin, October 2006-2012
Senior Lecturer in law, Trinity College Dublin, October 2001-2006
Lecturer in law, Trinity College Dublin, 1991-2001
Barrister at law, October 1988-1991

Memberships /Associations

 

Publications

Civil Procedure in the Superior Courts, 3rd edition, Thomson Reuters (Professional) Ltd, 2012, cxxxii + 1196pp [co-author with Declan McGrath]

Equity and the Law of Trusts in Ireland, 5th edition Thomson Reuters (Professional) Ireland Ltd, 2011, 1 - 890pp

Judicial Review of Administrative Action: A Comparative Analysis, (2nd ed.), 2009, Thomson, 1-489 pp

The Right to Privacy: A Doctrinal and Comparative Analysis, 2008, Thomson xxxviii + 352 pp

Equity and the Law of Trusts in Ireland (4th ed.), 2007, Published Thomson Round Hall cviii + 828 pp.

Civil Procedure in the Superior Courts [co-author with Declan McGrath], 2005, Published Thomson Round Hall cxxv +891 pp.

Equity and the Law of Trusts in Ireland (3rd ed.), 2003,  Thomson Round Hall ci +740 pp.

Equity and the Law of Trusts in Ireland: Cases and Materials, 2002, Round Hall Sweet and Maxwell, 2002 lx +1093 pp.

Civil Procedure in the Superior Courts [co-author with Declan McGrath], 2002, Round Hall Sweet and Maxwell, cxiii + 722 pp.

Judicial Review of Administrative Action: A Comparative Analysis, 2001, Round Hall Ltd, xl  + 281 pp.

Equity and the Law of Trusts in Ireland ( 2nd ed), 1999, Round Hall Sweet and Maxwell xci  +  706 pp.

The Courts Acts 1924-1997 (2nd ed), 1999, Round Hall Sweet and Maxwell 1999   lxxi + 538 pp.

Equity and the Law of Trusts in Ireland, 1995, Round Hall Sweet and Maxwell lxxviii +  577pp.

The Courts Acts 1924-1991, 1994, Round Hall Sweet and Maxwell xliv + 339 pp.

Articles “Security for Costs: A Reappraisal of Established Principles” 2012 Dublin University Law Journal, 35, p173 - 198
  “Joining a Defendant – Time Bar Issues” 2012 Irish Law Times, 30, 2012, p227-231
  “Springboard Injunctions: An Analysis of Emerging Principles in the Case Law of the English and Irish Courts” with Des Ryan, 2012 Civil Justice Quarterly, 31, (3), 2012, p284-303
  "The Irish Supreme Court inches towards proportionality review", [with Catherine Donnelly] 2011 Published Public Law p9-19
  ‘The law relating to charitable trusts: Judicial guidance and statutory intervention" 2011 Published 33 Dublin University Law Journal p196 - 219
  "The test for the grant of mandatory interlocutory injunctions" 2010 Published 28 Irish Law Times, p217 - 220
  "The Discovery Rules - Judicial Proactivity and SI 2009/93", with Egan McGrath, E. 2010 Published Irish Law Times, 28, (2010), p42-47.
  "Dismissal for Want of Prosecution - has the test changed? 2009 Published Irish Law Times, 28, (2010), p5-9.
  "Is there a future for proprietary estoppel as we know it?" 2009 Published DULJ, 31, 2009, p 400-457
  "Trustee Exemption Clauses - Proposals for Regulation" 2009 Published Trust Law International, 23, (2) (2009) p91-102
  "The relevance of the availability of an alternative remedy in judicial review proceedings" 2009 Published Irish Law Times, 27, 2009, p10-13
  "Unconscionability: A Unifying Theme in Equity?", with Ryan, D. 2008 Published, The Conveyancer and Property Lawyer, 72 (5) 2008, p401-436.
  "Recent Developments in Administrative Law in Canada" 2008 Published
“Joining co-defendants and amici curiae”  2007 Published Irish Law Times 25 (2007) 237 – 241
“Legitimate expectations and substantive effect” 2007 Published Dublin University Law Journal 29 (2007) 413 – 426
“The costs of interlocutory and leave applications” 2007 Published Irish Law Times 25 (2007) 271 – 277
“Towards common principles relating to the protection of privacy rights?" [co-author with Cliodhna Murphy] 2007 Published European Human Rights Law Review (5) (2007) 568 – 582
'Employment Injunctions - the duty of mutual trust v confidence.' 2006 Published DULJ 28 (2006) 363-379
'Mareva Injunctions - recent developments' 2006 Published Irish Law Times 24 (2006) 9-16
'Breach of Confidence or Breach of Privacy: The Way Forward" 2005 Published DULJ 27 (2005) 151-168
'The Requirement to Act Promptly in Judicial Review Proceedings' 2005 Published DULJ 23 (2005) 230-235.

‘Security for the costs of discovery’

2005

Published, Journal of Civil Practice and Procedure (2005) 3-7.

  'Prior restraint orders and freedom of expression: towards a unified approach' 2005 Published, Irish Jurist, 40 2005, 138, 159

 

‘The constitutionality of limitation periods without savers’

2004

Published

22 (2004) Irish Law Times 262-266.

 

‘The amended discovery rules –clarification of the extent of the changes’

2004

Published

22 Irish Law Times 12-16.

 

‘The obligation on the courts to deal with cases within a “reasonable time”’

2004

Published

22 Irish Law Times 249-254.

 

‘Satisfying the equity in cases of proprietary estoppel’

2003

Published Dublin University Law Journal,  25 (2003) 217-229.

 

‘Constitutional law – Interference by the legislature in the judicial domain’

2003

Published, 21 Irish Law Times  272-276

 

‘Extension of time limits in judicial review proceedings’  

2003

Published, 21 Irish Law Times 156 -160

 

‘Applications to set aside orders granting leave in judicial review proceedings’ 

2002

Published, 20 Irish Law Times 269-272

 

‘Regulation of the Supreme Court’s appellate jurisdiction must be clear and unambiguous’

2002

Published, 20 Irish Law Times 73-78

 

‘Extension of time for bringing judicial review pursuant to s.5 of the Illegal Immigrants (Trafficking) Act 2000’

2002

Published, (2002) 20 Irish Law Times 44-48

 

‘Judicial review in cases of asylum seekers – the role of curial deference and the question of whether the standard of review should vary’

2002

Published, 24 Dublin University Law Journal  1-25

 

‘Setting aside final orders’

2001

Published, 23 Dublin University Law Journal 1-20

'Discovery - How Strictly is the New Order 31, Rule 12 Being Interpreted' Published, 19 Irish Law Times 57-60.

 

‘Striking out where no reasonable cause of action, where claim frivolous or vexatious or where clearly unsustainable’

2000

Published, 18 Irish Law Times  127 –130

 

‘Judicial review proceedings: Discretionary factors and the effect of delay’

2000

Published, 22 Dublin University Law Journal 236 - 254

 

‘Security for costs in relation to corporate plaintiffs’

2000

Published, 18 Irish Law Times  58 - 61

 

‘Recent developments in relation to discovery’

1999

Published, 17 Irish Law Times   203 - 206

 

‘Third party procedure and concurrent wrongdoers - Service of third party proceedings as soon as is reasonably possible’

1999

Published, 21  Dublin University Law Journal  190 - 206

 

‘Recent developments in relation to the Nemo Iudex in Causa Sua principle’

1999

Published, 21 Dublin University Law Journal   66 - 89

 

‘Significant themes in judicial review of administrative action’

1998

Published, 20 Dublin University Law Journal  73 -100

 

‘The future of the doctrine of legitimate expectations in Irish administrative law’

1997

Published, 32 Irish  Jurist 217 - 242

 

‘Charitable status and cy-pres jurisdiction’

1994

Published, 45 Northern Ireland Legal Quarterly  364 - 377

‘Interlocutory injunctions - Adequacy of damages and other factors’ 1993

Published, 15 Dublin University Law Journal 228 - 242

 

‘Anglo-Irish extradition as viewed from an Irish perspective’ [1993] [co -author with Gerard Hogan].

1993

Published, Public Law 93 - 120

‘Legal representation in administrative proceedings: a matter of right or discretion?’ 1992

Published, 14 Dublin University Law Journal 88 - 100

 

'Equity' in Annual Review of Irish Law 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995 and 1994

2003

2002

2001

2000

1999

1998

1997

1996

1995

1994

Published, The Annual Review of Irish Law 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995 and 1994

'Practice and Procedure' in Annual Review of Irish Law 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996 and 1995 [co-author with Raymond Byrne]

2003

2002

2001

2000

1999

1998

1997

1996

1995

Published, The Annual Review of Irish Law 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996 and 1995

‘The doctrine of legitimate expectation in Irish law’ 1990

Published, 12 Dublin University Law Journal 1 -25

 

‘Employment Law - Natural justice and the officeholder / employee distinction’

1990

Published, 10 Dublin University Law Journal 164 -

Non Peer Reviewed Publications

Articles

‘Amendments to a statement of grounds in judicial review proceedings’

2001

Published, 3 Practice and Procedure, 2-5

 

‘Dismissal for want of prosecution or on grounds of inordinate and inexcusable delay’

2000

Published, 2 Practice  and Procedure,  2 - 7

 

‘Dismissal for want of prosecution’

1996

Published, 14 Irish Law Times 240 - 243

 

‘Security for costs and plaintiffs resident outside the jurisdiction’

1996

Published, 14 Irish Law Times 119 -122

 

‘The duty to give reasons in administrative decision-making’

1994

Published, 12 Irish Law Times 145 -148

 

‘The doctrine of legitimate expectations: Recent developments’

1993

Published, Irish Law Times, 11, 1993, 192,195

 

‘The scope of judicial review - a question of the source or nature of powers’

1993

Published, 11 Irish Law Times 12 -16

 

‘Statutory interpretation - can legislation have retrospective effect?’

1992

Published, 10 Irish Law Times 133 -137

 

‘Recent developments in locus standi in Irish constitutional law’ 

1990

Published, 8 Irish Law Times 147 -151

 

Postgraduate Research Students

 

Links

 

Last updated by sobrevis 5 December 2012


Last updated 30 June 2014 School of Law (Email).