Hilary Biehler
Professor of Public Law
Head of the School of 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
Quicklinks
Biography
Professional Qualifications
Representations
Administrative Functions
Awards and Honours
Education Details
Employment Details
Memberships / Associations
Publications
Postgraduate Research Students
Links
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 date. 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
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
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. |
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| 'Prior restraint orders and freedom of expression: towards a unified approach' | 2005 | Published, Irish Jurist, 40 2005, 138, 159 | |
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‘The constitutionality of limitation periods without savers’ |
2004 |
Published 22 (2004) Irish Law Times 262-266. |
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‘The amended discovery rules clarification of the extent of the changes’ |
2004 |
Published 22 Irish Law Times 12-16. |
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‘The obligation on the courts to deal with cases within a “reasonable time”’ |
2004 |
Published 22 Irish Law Times 249-254. |
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‘Satisfying the equity in cases of proprietary estoppel’ |
2003 |
Published Dublin University Law Journal, 25 (2003) 217-229. |
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‘Constitutional law Interference by the legislature in the judicial domain’ |
2003 |
Published, 21 Irish Law Times 272-276 |
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‘Extension of time limits in judicial review proceedings’ |
2003 |
Published, 21 Irish Law Times 156 -160 |
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‘Applications to set aside orders granting leave in judicial review proceedings’ |
2002 |
Published, 20 Irish Law Times 269-272 |
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‘Regulation of the Supreme Court’s appellate jurisdiction must be clear and unambiguous’ |
2002 |
Published, 20 Irish Law Times 73-78 |
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‘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 |
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‘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 |
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‘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. | ||
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‘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 |
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‘Judicial review proceedings: Discretionary factors and the effect of delay’ | 2000 |
Published, 22 Dublin University Law Journal 236 - 254 |
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‘Security for costs in relation to corporate plaintiffs’ | 2000 |
Published, 18 Irish Law Times 58 - 61 |
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‘Recent developments in relation to discovery’ | 1999 |
Published, 17 Irish Law Times 203 - 206 |
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‘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 |
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‘Recent developments in relation to the Nemo Iudex in Causa Sua principle’ |
1999 |
Published, 21 Dublin University Law Journal 66 - 89 |
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‘Significant themes in judicial review of administrative action’ |
1998 |
Published, 20 Dublin University Law Journal 73 -100 |
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‘The future of the doctrine of legitimate expectations in Irish administrative law’ |
1997 |
Published, 32 Irish Jurist 217 - 242 |
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‘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 |
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‘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 |
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'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 |
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| ‘The doctrine of legitimate expectation in Irish law’ | 1990 | Published, 12 Dublin University Law Journal 1 -25 |
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‘Employment Law - Natural justice and the officeholder / employee distinction’ |
1990 |
Published, 10 Dublin University Law Journal 164 - |
Non Peer Reviewed Publications |
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Articles |
‘Amendments to a statement of grounds in judicial review proceedings’ |
2001 |
Published, 3 Practice and Procedure, 2-5 |
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‘Dismissal for want of prosecution or on grounds of inordinate and inexcusable delay’ |
2000 |
Published, 2 Practice and Procedure, 2 - 7 |
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‘Dismissal for want of prosecution’ |
1996 |
Published, 14 Irish Law Times 240 - 243 |
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‘Security for costs and plaintiffs resident outside the jurisdiction’ |
1996 |
Published, 14 Irish Law Times 119 -122 |
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‘The duty to give reasons in administrative decision-making’ |
1994 |
Published, 12 Irish Law Times 145 -148 |
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‘The doctrine of legitimate expectations: Recent developments’ |
1993 |
Published, Irish Law Times, 11, 1993, 192,195 |
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‘The scope of judicial review - a question of the source or nature of powers’ |
1993 |
Published, 11 Irish Law Times 12 -16 |
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‘Statutory interpretation - can legislation have retrospective effect?’ |
1992 |
Published, 10 Irish Law Times 133 -137 |
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‘Recent developments in locus standi in Irish constitutional law’ |
1990 |
Published, 8 Irish Law Times 147 -151 |
Last updated by sobrevis 5 December 2012