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Professional Negligence Litigation: School of Law, Trinity College Dublin

Damages in Tort Litigation: All the Recent Developments


Date: Saturday, 7 July 2012

Venue: Davis Theatre, Arts Building, Trinity College Dublin

About the Conference

Over the past year there have been highly important developments in relation to damages in tort litigation. The present economic climate has reshaped the courts’ approach in such areas as professional negligence, the changing values of agricultural land in fatal accident claims and delayed sales in Hedley Byrne-type cases. There have been significant decisions on nervous shock, the Book of Quantum and the future accommodation needs of seriously injured plaintiffs. New remedies under the Defamation Act 2009 have also been tested in the courts. Practitioners need to have access to all of these recent developments.

The conference organised by the School of Law of Trinity College Dublin on Saturday, 7 July 2012 addresses all of the new issues. The team of lecturers has particular expertise in tort law. The conference will be chaired by the Honorable Justice Bryan McMahon.

Questions to be addressed:

  • How did Peart J dispose of a claim by a solicitor for an interlocutory injunction against alleged defamation through the internet in Tansey v Gill [2012] IEHC 42?
  • How did Cross J address the issue of damages in a claim for bullying and harassment in Kelly v Bon Secours Health System Ltd [2012] IEHC 21?
  • How did O’Neill J deal with the phenomenon of changing values of agricutural land in fatal accidents claims in Davoren v HSE [2011] IEHC 460?
  • What approach towards determining damages in a “no transaction” case involving professional negligence did Clarke J favour in ACC Bank plc v Johnston t/a Brian Johnston & Co Solicitors [2011] IEHC 502?
  • How did Finlay-Geoghegan J determine the measure of damages for fraudulent misrepresentation in Keegan Quarries Ltd v McGuinness [2011] IEHC 453?
  • What was Irvine J’s attitude to a claim for compensation for very high levels of stress and anxiety falling short of a recognisable psychiatric injury in Hegarty v Mercy University Hospital Cork [2011] IEHC 435?
  • How did Laffoy J deal with the claim for loss of earnings in Bates v Minister for Agriculture, Fisheries and Food [2011] IEHC 429?
  • How did the claims for aggravated damages fare in Hollybrook (Brighton Road) Management Company Ltd [2011] IEHC 375?
  • How did Ryan J resolve the issue of damages in the professional negligence claim in English v South Eastern Health Board [2011] IEHC 362?
  • What use did Charleton J make of the Book of Quantum in H.M. v Health Service Executive - North Eastern Area [2011] IEHC 339?
  • How did O’Neill J deal with the issues of the costs of legal representation at an inquest in a claim under Part IV of the Civil Liability Act, 1961 in Courtney v Our Lady’s Hospital Ltd t/a Our Lady’s Hospital Crumlin [2011] IEHC 226?
  • What principles did O’Neill J apply in Barry v National Maternity Hospital [2011] IEHC 225 in relation to the future accommodation needs of a seriously injured victim of negligence at birth?
  • In Lowry v Smyth [2011] IEHC 22, why did the plaintiff’s claim for summary relief under section 34 of the Defamation Act 2009 and for relief under section 34 of the Act fail?
  • How did the defence under section 26 of the Civil Liability and Courts Act 2004 fare in Dunleavy v Swan Party Ltd t/a Hain Republic [2011] IEHC 232 and Folan v Ó Corraoin [2011] IEHC 487?




9:00 Registration  
9:30 Damages in Professional Negligence Claims Against Lawyers and Doctors: Recent Developments Dr. Ciaran Craven BL
10:10 Damages and Other Remedies in Defamation Under the New Legislation Dr. Neville Cox BL
10:40 Tea and Coffee Break  
11:00 Economic Loss Claims in Torts: Recent Developments William Binchy
11:40 Damages in Claims Against Employers: Recent Developments Dr. Des Ryan BL
12:20 Damages in Serious Personal Injuries Claims: Recent Developments John Healy BL
1:00 - 1:30 Questions and Discussion  



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 books on torts and co-editor of The Annual Review of Irish Law, and the Quarterly Review of Tort Law.

Dr. Neville Cox is a practising barrister, Associate Professor and a Fellow of Trinity College Dublin. He is author of, amongst other books, Defamation Law (2008), and co- author of Employment Law in Ireland (2009). 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.

Niall O’Hanlon, is a practising barrister, a Fellow of the Institute of Chartered Accountants in Ireland and an Associate of the Irish Taxation Institute. He lectures on Trinity College Dublin’s LL.B. and LL.M. programmes.

Ray Ryan, LL.B., LL.M. is a practising barrister. He studied law at Trinity College Dublin, Osgoode Hall Law School, Toronto and The Honorable Society of King's Inns. He has lectured in tort law. His areas of practice include general common law, intellectual property and defamation. He is a co-author of Evidentiary Foundations and has published a number of articles in legal periodicals.

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

Reservations and Fees


150 euro per person

Group Rates (Euro): 270 for 2; 380 for 3; 480 for 4 and 560 for 5

Reduced Rates (Euro)*: 135

Members Rates (Euro)**:

Individuals - 110

Associates - 80

Corporate Group Rates - 210 for 2; 300 for 3; 380 for 4 and 445 for 5.

If you would like to attend more than one of our CPD conference programmes please see the booking form below.

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

** for members of the TCD CPD Conference Programme.

Fees inclusive of tea/coffee and lecture materials


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

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