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Recent Developments in Tort Litigation 2017 - Saturday, 17 July 2017

Long Room Library

2017 has already yielded a rich harvest of judgments from the Supreme Court, Court of Appeal and High Court.  The Supreme Court, as recently as June, handed down an important decision on the duty of care and negligent misstatement.  The Court of Appeal has addressed the RRR in assessing damages awards.  Significant judgments on occupiers’ liability, defamation and PIAB have also been delivered.  The issue of employers’ liability for bullying in the context of disciplinary proceedings has been addressed by the Supreme Court.

The Law School of Trinity College Dublin is organising a conference to consider all the recent developments on Saturday 15th July, from 9:30 to 1 pm.  The conference will be chaired by the Hon. Mr. Justice Liam McKechnie of the Supreme Court.  The team of speakers have particular expertise in their chosen areas.

Questions to be considered

  • What are the implications for farmers and public authorities of White J’s decision in Wall v National Parks and Wildlife Service [2017] IEHC 85?
  • What is the present status of the Hedley Byrne basis of liability for negligent misstatement in the light of the Supreme Court’s decision in Walsh v Jones Lang Lasalle Ltd [2017] IESC 38?
  • What did the Court of Appeal hold, in relation to the duty of care owed by an occupier to a visitor where the occupier personally takes on the task of carrying out repairs in the home in Newman v Cogan [2017] IECA 176?
  • What are the implications for Irish defamation law of the decision of the European Court of Human Rights (Fifth Section) in Independent Newspapers (Ireland) Ltd v Ireland on 15 June 2017?
  • What did the Supreme Court hold in a claim for alleged bullying in Ruffley v Board of Management of St. Anne’s School [2017] IESC 33?
  • How did the defence of ex turpi causa fare in a claim for alleged environmental nuisance in Hanrahan v Greyhound Recycling and Recovery [2017] IEHC 331?
  • What did Barr J hold on the question of the duty of care of a rescuer in Power v Eustace [2017] IEHC 259?
  • What did Haughton J hold in regard to the Statute of Limitations in a claim alleging financial loss from a property investment service in Sheehan v Allied Irish Banks Plc [2017] IEHC 254?
  • How did O’Hanlon J resolve the issues relating to an unsafe system of work and an employee’s alleged contributory negligence in Neuzil v Tesco Ireland Ltd [2017] IEHC 173?
  • What did the Supreme Court in Murray v Budds [2017] IESC 4 hold in relation to a claim alleging worry and stress?
  • What did Twomey J hold in Dublin v Waterworld Ltd v National Sports Campus Development Authority [2017] IEHC 293 in relation to a claim alleging malicious abuse of court process?
  • What did the Court of Appeal in Jones v Coolmore [2017] IECA 164 have to say on the scope of the defence of innocent publication under section 27 of the Defamation Act 2009?

Programme and Speakers

9:30        Welcome from the Chair

The Hon. Mr. Justice Liam McKechnie, Judge of the Supreme Court

9:40        Defamation Litigation: Recent Developments
Dr. Neville Cox, BL is Associate Professor, Dean of Graduate Studies and a Fellow of Trinity College Dublin. He is author, with Eoin McCullough SC, of Defamation: Law and Practice (June, 2014), and co-author of Employment Law in Ireland (2009).

10:10     Recent Developments in Negligence Litigation
Ray Ryan is a practising barrister. A graduate of Trinity College Dublin, he has published widely on a range of aspects of tort law.

10:40     Employers’ Liability and Vicarious Liability: Recent Developments
Dr. Desmond Ryan is a practising barrister specialising in employment law and an assistant Professor at Trinity College Dublin, where he lectures in employment law and torts. He is co-author of Employment Law in Ireland (2009) and has published widely on the subject in a number of journals, including the Irish Employment Law Journal.

11:10     Tea/Coffee Break

11:30     Damages Awards: New Guidance from the Supreme Court and Court of Appeal
The Hon. Bryan McMahon served as a Judge of the Circuit Court and High Court from 1999 to 2011. He is co-author of books on torts and European law. Previously he was Professor of Law at University College Cork and was a partner in the firm of Houlihan and Houlihan in Ennis.

12:00     Professional Negligence Litigation and Occupiers’ Liability: Recent Developments
William Binchy is a practising Barrister and co-author of McMahon and Binchy's Law of Torts (4th ed., 2013).

12:30     Questions and Discussion

1:00        Conference Ends


The right to reserve and rearrange lectures and is reserved.

Reservation and Fees

To reserve your place, please complete and return the form below to the CPD Office.


€150 per person

Group Rates:

Group Rates (€): 270 for 2; 385 for 3; 480 for 4 and 565 for 5

Reduced Rates (€)*: 135


CPD Members** Fees:

Individuals – €120 per person

*Reduced Rates:

€135 for legal executives, trainee solicitors, barristers of 5

years standing or less.

*Cheques should be made payable to TCD NO 1 Account. Fees inclusive of tea/coffee and lecture materials.

** for members of the TCD CPD Conference Programme.

CPD Conference Programmes, School of Law, House 39, Trinity College Dublin, Dublin 2

Telephone (01) 896 2772 /  2367; Fax (01) 677 0449; Email: lawevent at


The Davis Theatre, Arts Building.