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Tort Litigation 2011: School of Law, Trinity College Dublin

Tort Ligitation 2011 :
All the Recent Developments

Date: Saturday, 26th November 2011

Venue: Davis Theatre, Arts Building, Trinity College Dublin

About the Conference

This year there has been a torrent of tort litigation with significant implications for legal practitioners in their daily practice. Important decisions have been handed down on professional negligence claims, limitation of actions, fatal injuries claims, product liability litigation, contribution and indemnity and the Personal Injuries Assessment Board Act 2003. There has also been legislation restricting the scope of negligence liability in a range of circumstances.

The Law School of Trinity College Dublin is organising a conference on the morning of Saturday, 26th November 2011 to address these developments. The team of experts will examine all key decisions as well as the legislation and assess their likely impact on day-to-day practice.


  • Among the questions to be addressed are: How was the claim for alleged negligence in relation to the care of a mental health patient restored by Irvine J in Corrigan v Health Service Executive [2011] IEHC 305?
  • In Ó hAonghusa v DCC Plc [2011] IEHC 300, how did Hogan J deal with the issue of limitation of actions in relation to product liability claims?
  • How did Hedigan J address the issue of delay in the context of section 27 of the Civil Liability Act 1961 in Atlantic Distributors Ltd v Brennan [2011] IESC 258?
  • In Carroll v Mater Misericordiae Hospital [2011] IEHC 231, how did Hedigan J resolve the question whether the proceedings were excluded from the operation of the Personal Injuries Assessment Board Act 2003 by virtue of section 3(d)?
  • What was the outcome in Keane v Health Service Executive [2011] IEHC 213 of a claim for alleged medical negligence?
  • In Courtney v Our Lady’s Hospital Ltd (t/a Our Lady’s Hospital Crumlin) [2011] IEHC 226, how did O’Neill J resolve the question whether the cost of legal representation at an inquest were reasonable in a fatal injuries claim as “other expenses actually incurred” under section 49(2) of the Civil Liability Act 1961?
  • What principles for assessing damages to take account of the accommodation needs of a seriously injured child were established in O’Neill J’s decision in Barry v National Maternity Hospital [2011] IEHC 225?
  • What is the significance of the Supreme Court decision in Lynch v Binnacle t/a Cavan Co-op Mart [2011] IESC 8 in regard to employers’ liability, vicarious liability and contributory negligence?
  • How did Kelly J address the question of a local authority’s duty of care as vendor in Darlington Properties Ltd v Meath County Council [2011] IEHC 70?
  • In Flanagan v Houlihan [2011] IEHC 105, how did Feeney J resolve the issue of the duty of care of publicans to protect roadusers from being injured or killed by intoxicated patrons?
  • How did Clarke J deal with the issue of alleged negligence, breach of statutory duty, breach of constitutional rights and legitimate expectation in Atlantic Marine Supplies Ltd v Minister for Transport [2010] IEHC 104?


9:00 am


William Binchy

Defences in Tort Litigation: Recent Developments


Dr. Neville Cox

Limitation of Actions and Delay: Recent Judicial Guidance


Dr. Des Ryan BL

Tort Liability of Public Authorities: Recent Developments
11:00 Tea/Coffee Break


Dr Ciaran Craven BL

Damages in Tort Litigatioin: New Issues


John Healy BL

Medical Negligence Litigation: An Assessment of Recent Developments
12:20 Questions and Discussion
1:00 Conference Ends

The right to substitute and rearrange lecture(rs)s is reserved.


William Binchy is Regius Professor of Laws at Trinity College. He is co-author of a Casebook on Torts and co-editor, of The Annual Review of Irish Law, The Civil Liability and Courts Act 2004: Implications for Personal Injuries Litigation and the Quarterly Review of Tort Law. He is co-editor (with Dr. Dympna Glendenning) of Litigation Against Schools: Implications for School Management, published by FirstLaw in 2006.

Dr. Neville Cox LL.B., Ph.D., (Dub.), Barrister, is Senior Lecturer in Law and a Fellow of Trinity College Dublin. He is author of Defamation Law (2008), and Blasphemy and the Law (2000) and co-author of Sport and the Law (2004). He is Director of the Master of Laws degree programmes at Trinity.

Dr. Ciaran Craven is a practising barrister. He lectures in Medical Law on the LL.M. degree programme at Trinity College Dublin. He is the co-editor (with William Binchy) 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). He is co-editor of the Quarterly Review of Tort Law

Dr. Dympna Glendenning is a practising barrister and a former primary school teacher and principal. She is also author of Education, Religion and the Law, (Tottel , December 2008), Education and the Law (Butterworths Tolley, Dublin, 1999) and co-author (with William Binchy) of Litigation Against Schools: Implications for School Management (Firstlaw, Dublin, 2006). 1

Dr. Des Ryan LL.B., B.C.L., M.A., B.L. lectures in both Employment Law and Employment Litigation at Trinity College Dublin. He is co-author of Employment Law in Ireland (Clarus Press, 2009) and is co-editor of the Employment Law Review (First Law), a quarterly publication dedicated to analysing significant developments in Irish and European Employment Law. He is also the contributor of a number of chapters to Employment Law (Tottel Publishing, 2009) and is the Employment Law correspondent for the Annual Review of Irish Law (Thomson Round Hall).

The right to substitute or rearrange lecture(r)s is reserved.

Reservations and Fees


€150 per person

Group Rates**: €270 for 2; €380 for 3; €480 for 4 and €560 for 5

Reduced Rates***:


Members Rates****:

€110 – Individuals;

€75 – Associates.

Corporate Group Rates: €200 for 2; €285 for 3; €360 for 4 and €560 for 5.


All Cheques should be made payable to TCD No. 1 Account and returned to the address below


Please complete the booking form and return to:

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

or email/fax the form to the address/number below. Payment can follow in due course or upon receipt of invoice.

Contacts: Conference Reservations: Telephone Catherine or Kelley at +353 1 896 2367 / +353 1 896 2772;
Fax Number: (01) 677 0449; Email:

* includes conference materials and tea/coffee break

**the group rate applies if you would like to attend both Criminal and Torts conferences.

*** for barristers of five years standing or less and trainee solicitors.

**** for members of the TCD CPD Conference Programme.

CPD Hours/Points

3 hours