Biography

Hilary Biehler B.A.(Mod.), M.Litt., Ph.D., LL.D. F.T.C.D. (1998), Barrister-at-Law is an Associate Professor of 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 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 Equity and the law of Trusts, Civil Procedure and Administrative law. She was Head of the Law School from 2003-2005,Vice-Dean of the Schools of Law and Education from 2005-2006 and Head of School 2008-2010, 2011-12. Professor Biehler was pro-Dean of the Faculty of Arts, Humanities and Social Sciences October 2010-11.

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Professional Qualifications

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

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Representations

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

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Administrative Functions

Head of Law School, 2011-12

Pro-Dean, Faculty of Arts, Humanities and Social Sciences, November 2010 - to September 2011

Head of Law School, October 2003 to September 2005 and July 2008 to October 2010

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

 

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Awards and Honours

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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

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Employment Details

Professor in Law, University of Dublin, October 2006 to date

Senior Lecturer in law, University of Dublin, October 2001 to October 2006

Lecturer in law, University of Dublin, October 1991 to October 2001

Barrister at law,   October 1988 - October 1991

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Memberships /Associations

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Publications

Books

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

Equity and the Law of Trusts in Ireland, (5th ed.) Thomson Reuters (Professional) Ltd, 2011, c +
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

"The Irish Supreme Court inches towards proportionality review", with Donnelly, C, Public Law, 2011, p 9-19

"The law relating to charitable trusts: Judicial guidance and statutory intervention", (2011) 33, Dublin University Law Journal, 196 – 219

"The test for the grant of mandatory interlocutory injunctions, Irish Law Times, 28, 2010, p 217-220.

"Dismissal for want of prosecution - has the test changed?, Irish Law Times, 28, 2010, p5-9.

"The Discovery Rules - Judicial Proactivity and SI 2009/93", with Egan McGrath, E. 2010, Published Irish Law Times, 28, (2010), p 42-47.

"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, 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] , 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

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Postgraduate Research Students

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Links

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