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Professional Negligence Litigation: School of Law, Trinity College Dublin

Tort Litigation 2013: All the Recent Developments


Date: Saturday, 20 July 2013

Venue: Davis Theatre, Arts Building, Trinity College Dublin

About the Conference

The first half of 2013 has yielded a rich crop of judgments dealing with areas of tort litigation of crucial importance to practitioners. Courts have handed down decisions on: employers’ liability, professional negligence, the HomeBond scheme, section 26 of the Civil Liability and Courts Act 2004, Occupiers’ Liability, the scope of the duty of care of insurers, misrepresentation claims against financial institutions, the Statute of Limitations, road traffic litigation, defamation and privacy claims and damages. There have also been several decisions on aspects of procedure in tort litigation, including: discovery, notices for particulars, dismissal for want of prosecution and trial by jury.

The Law School of Trinity College Dublin will consider all of these developments in a conference on the morning of Saturday, 20 July 2013. It will put forward a strong team of speakers with special expertise. It will be chaired by the Hon. Bryan McMahon.

There will be plenty of opportunity for questions and discussion.

Questions to be addressed:

  • What did Hogan J decide in: DF v Garda Commissioner [2013] IEHC 5 on the right to jury trial in tort litigation?
  • What important issues relating to standard duty and the protection of the right to privacy arose in: Collins v FBD Insurance plc [2013 IEHC 137]?
  • What issues of occupiers' liability arose in Cray v Fingal County Council [2013] IEHC 19?
  • How did the claims for professional negligence fare in Murphy v Callanan [2013] IESC 30, Dunne v Coombe Women and Infants University Hospital [2013] IEHC 58, Hurley Ahern v Moore [2013] IEHC 72 and Nelson v McQuillan [2013] IEHC 152 and what issues arose in KBC Bank v BCM Hanby Wallace [2013] IESC 32?
  • Why did actions for nuisance not succeed in McEleny v Mayo County Council [2013] IEHC 56 and Sullivan v Boylan (No 2) [2013] IEHC 104?
  • How did Peart J resolve the question of the possible application of section 26 of the Civil Liability and Courts Act 2004 in Salako v O'Carroll [2013] IEHC 17?
  • What issues of defamation law and procedure arose in Higgins v Bank of Ireland [2013] IEHC 6, Keating v RTE [2013] IESC 22, Browne v Associated Newspapers (Ireland) Ltd [2013] IEHC 78 and Allied Irish Bank v Tracey (No 2) [2013] IEHC 242?
  • How were issues relating to the Statute of Limitations resolved in Connolly v HSE [2013] IEHC 131 and Adamson v North Eastern Health Board [2013] IEHC 191?
  • What principles were applied in Lismore Builders Ltd (in receivership) v Bank of Ireland Finance Ltd [2013] IESC 6 and Barrett v Sung [2013] IEHC 161 in regard to dismissal for want of prosecution?
  • What issues of negligence and contributory negligence in road accident cases arose in Donohue v Killeen [2013] IEHC 22, Gallagher v McGeady [2013] IEHC 100 and CT (a minor) v Bus Átha Cliath/Dublin Bus [2013] IEHC 184?
  • What did Dunne J decide in relation to the scope of liability under the HomeBond scheme in Brennan v Flannery [2013] IEHC 145?


Programme / Speakers and Chair

9:00 Registration

Welcome by the Chair, the Hon. Bryan McMahon

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.


Defamation and Privacy Claims: Recent Developments in 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.


Employers’ Liability: New Developments in Court

Dr. Des Ryan is a practising barrister specialising in Employment Law and a Lecturer in Employment Law and Tort Law at Trinity College Dublin. Co-author of Employment Law in Ireland (2009), he has published widely on Employment Law in a number of journals, including the Employment Law Journal, and is the co-editor of the Employment Law Review (First Law) and the Employment Law correspondent for the Thomson Round Hall Annual Review of Irish Law. He advises on all aspects of employment litigation.


Professional Negligence Claims against Doctors and Lawyers: Recent Developments

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.

11.10 Tea/Coffee break

Tort Litigation: Key Recent Cases on Practice and Procedure

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 Duty of Care, Economic Loss and Occupiers’ Liability: The Emerging Law

William Binchy is a practising barrister. He is co-author with the Hon. Bryan McMahon of Irish Law of Torts, fourth edition.

12:30 Questions and Discussion


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


Reservations and Fees


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)**:

Individuals - 120

Associates - 80

Corporate Group Rates also available.

* 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 Soraya or Kelley at +353 1 896 2772 / +353 1 896 2367;
Fax Number: (01) 677 0449; Email: