Key Recent Developments in Tort Litigation

Venue: The Long Room Hub, Trinity College Dublin

[ About ] [ Questions to be Addressed ] [ Speakers ]

[ Programme ] [ Reservations and Fees ][ CPD Points ]

About the Conference:

On Saturday, 16 July, from 9.30am to 1pm, the Law School of Trinity College Dublin is organising a conference on Key Recent Developments in Tort Litigation.

The courts have handed down a huge number of highly important decisions, on such matters as the duty of care of public authorities, the use of certificates by architects and engineers in construction projects, the calculation of damages in wrongful death claims, professional negligence claims against lawyers and doctors, the role of juries in defamation proceedings and the obligations of employers at common law and under the Safety, Health and Welfare at Work Act 2005.

The speakers have special expertise in their areas.

The number of CPD Points for this conference are 3.5.

PDF Brochure

Questions to be addressed:

• In Rosbeg Partners Ltd v LK Shields (A Firm) [2016] IECA 161, what did the Court of Appeal have to say on the issues of professional negligence, causation and the duty to mitigate damage?

• In Watson v Campos and MGN Ltd t/a Irish Sunday Mirror [2016] IEHC 18, how did Barrett J resolve the question of extending the one-year limitation period for a defamation action under section 38(1)(a) of the Defamation Act 2009?

• In McGee v Alcom [2016] IEHC 59, what did O'Malley J have to say on the duty of care to purchasers of engineers and architects who provide certificates to builders?

• How did Noonan J deal with issues of vicarious liability and negligence, in the light of the decision of the European Court of Human Rights in O'Keeffe v Hickey 59 EHRR 15 (2014), in Wallace v Creevey [2016] IEHC 294, Naughton v Dummond [2016] IEHC 290 and Kennedy v Murray [2016] IEHC 291?

• In Martin v Dunnes Stores (Dundalk) [2016] IECA 85, what did the Court of Appeal hold in relation to a store's duty of care and statutory duty to a checkout operator?

• In Shaughnessy v Shaughnessy [2016] IEHC 303, why did Gilligan J hold that an executor was guilty of a breach of duty of care?

• Why did a claim against a bank for negligent misrepresentation in respect of pre-contractual negotiations with its customers fail in AIB Mortgage Bank v Hayes [2016] IEHC 280?

• Why did Gilligan J, in Mooney v Commissioner for An Garda Siochana [2016] IEHC 252, dismiss the plaintiff's claim that the Gardai had owed and breached a duty of care to him under the Witness Protection Programme?

• How did claims for professional negligence (or related claims) fare in Healy v Buckley [2015] IECA 251, O'Leary v Health Service Executive [2016] IECA 25 and Hegarty v Mercy University Hospital Cork Ltd [2016] IECA 24?

• What principles were applied in calculating damages in a wrongful death claim in Davoren v Health Service Executive [2016] IECA 39?

• In Allied Irish Banks plc v Casey [2016] IEHC 192, what did Barr J have to say on a bank's duty to advise customers before entering into a contract of guarantee to obtain legal advice?

• In Spes v Windcanton Ireland Ltd [2016] IEHC 194, why did Barr J hold an employer liable for negligence and breach of section 8(2)(b) of the Safety, Health and Welfare at Work Act 2005?

• How did the defence under section 26 of the Civil Liability and Courts Act 2004 fare in Plonka v Norviss [2016] IEHC 137, Maloney v White [2016] IEHC 44 and McLoughlin v McDaid [2015] IEHC 810?

• In Ruffley v Ryan [2016] IEHC 45, what level of reduction was made on the basis of the Reddy v Bates principle?

• In Philpott v Irish Examiner Ltd [2016] IEHC 62, what guidance did Barrett J give as to the operation of section 33 of the Defamation Act 2009?

• What guidance did the Supreme Court give in Treacy t/a Engineering Design and Management v Burton [2016] IESC 16 on when proceedings should be characterised as defamation proceedings?

• What was the holding in Higgins v Irish Aviation Authority [2016] IEHC 245 on whether a jury should decide the quantum of damages in defamation proceedings where an offer of amends has been accepted but the parties cannot agree on quantum?

• In Cromane Foods Ltd v Minister for Agriculture, Fisheries and Food [2016] IESC 6, what did the Supreme Court decide in relation to the duty of care of public authorities?

• In O'Brien v Revenue Commissioners [2016] IEHC 138, how did the plaintiff's application for discovery fare in a claim for damages for misfeasance of public office, breach of duty (including statutory duty), breach of confidence and breach of the plaintiff's constitutional right to privacy arising out of the alleged disclosure of information concerning his private tax affairs to a number of persons in the media?

Programme and Speakers:

9:15
Registration
The Long Room Hub, Trinity College Dublin

9:30
Recent Decisions on Professional Negligence Litigation Against Lawyers and Health Service Providers
Dr. Ciaran Craven is a Senior Counsel. He is co-editor of Medical Negligence Litigation: Emerging Issues and The Civil Liability and Courts Act 2004: Implications for Personal Injury Litigation and co-author of Psychiatry and the Law (2nd ed., 2010).

10:05
Damages, Limitation of Actions and other aspects of Practice and Procedure
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
Key Developments in Defamation Litigation
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).

11:15
Tea / Coffee Break

11:35
Tort Litigation Against Employers: 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.

12:10
Occupiers' Liability, Negligence Claims against Public Authorities, the Duty of Care and Damages
William Binchy is a practising Barrister and co-author of McMahon and Binchy's Law of Torts (4th ed., 2013).

12:45 - 1:00 pm
Questions and Discussion

Reservation and Fees

If you would like further information on this course please contact:

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

Telephone (01) 8962367; Fax (01) 677 0449; Email: lawevent at tcd.ie.

To reserve your place, please complete and return this form to the address/email above.

 

Fees:*	€150 per person
Group Rates:	150 euro per person Group Rates (Euro): 270 for 2; 385 for 3; 480 for 4 and 565 for 5 Reduced Rates (Euro)*: 135 Members Rates (Euro)**:
CPD Members** Fees:	Individuals (Euros)– 120
Reduced Rates:	€135 for legal executives, trainee solicitors, barristers of 5 years standing or less
Per Lecture Rate:	€150 per lecture

*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 Hours/Points :

3.5: Certificates of attendance will be forwarded after the conference.