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Professional Negligence Litigation: School of Law, Trinity College Dublin

Tort Litigation 2014: All the Recent Developments


Date: Saturday, 19 July 2014

Venue: Davis Theatre, Arts Building, Trinity College Dublin

About the Conference

There has been a flood of important decisions from the Supreme Court and the High Court in 2014 on a range of issues affecting Tort Litigation: employers’ liability, solicitors’ negligence, notification requirements and limitations problems under the Personal Injuries Assessment Board Act 2003, vicarious  liability, medical malpractice, occupiers’ liability and many more.

The Law School of Trinity College Dublin is organising a morning conference on Saturday, the 19th of July from 9.30 am to 1 pm to address all of the recent developments in Tort Litigation.

The conference will be chaired by Mr Justice Bryan McMahon with a team of specialist speakers. There will be plenty of opportunity for questions and discussion.

Questions to be addressed:

  • What did the Supreme Court in Molloy v Reid [2014] IESC 4 and Barrett J in Farrell v Board of Management of St Kevin’s CBS Arklow [2014] IEHC 100 hold on the determination of the date of issue of  authorisation for the purposes of section 50 of the Personal Injuries Assessment Board Act 2003?
  • In Haughey v J & E Davy t/a Davy [2014] IEHC 206, why did Charleton J award over two million euros damages for negligently caused economic loss?
  • Why did the plaintiff’s claim for alleged bullying and stress fail in Glynn v Minister for Justice, Equality and Law Reform [2014] IEHC 133?
  • How did the plaintiff’s claim based on an asserted tort of reckless lending fare in Healy v Stepstone Mortgage Funding Limited [2014] IEHC 134?
  • How did Peart J in Clohessy v the Legal Board [2014] IEHC 72 determine the question of the possible vicarious liability of the Minister for Justice and Law Reform for acts of the Legal Aid Board?
  • In Elmontem v Nethercross Limited & Ors [2014] IEHC 91, how did Herbert J resolve issues relating to vicarious liability, the meaning “improper conduct or behaviour” in section 8 (2) (b) of the Safety, Health and Welfare at Work Act 2005 and the need for a Safety Statement?
  • In Brennan v Mullan [2014] IEHC 61, how did Cross J determine the scope of the duty of care of a religious order to prevent abuse and, in Hickey v McGowan [2014] IEHC 19, how did O’Neill J determine the issue of the scope of vicarious liability of a religious order for abuse? How did Kearns J deal with the application for discovery brought by the second named defendant in defamation proceedings in Norris v Radio Teilifís Éireann & Burke [2014] IEHC 84?
  • In Flynn v Bons Secours Health Systems Ltd [2014] IEHC 87, how did Hogan J dispose of the issue of whether a patient’s claim for medical negligence should be permanently stayed?
  • In Heffernan v Mercy University Hospital Cork Limited [2014] IEHC 46, what issues arose relating to informed consent and treatment and causation? And in O’Callaghan v Dowling [2014] IEHC 211 and Foley v Bon Secours Health Systems Ltd t/a Bon Secours Hospital Galway [2014] IEHC 169, how were issues of alleged professional negligence and causation resolved?
  • How were occupiers’ liability claims resolved in Moore v Westwood Club Limited [2014] IEHC 44 and Deehan v Loughlinstown Inns Ltd t/a The Lough Inn Public House [2014] IEHC 182?
  • On what principles did Hogan J calculate damages in Brett v Mulvey Developments Limited [2014] IEHC 37, where the plaintiffs were “the victims of abysmal building breaches and systematic and massive breaches of the relevant Building regulations”?
  • In Whelan v Allied Irish Bank Plc [2014] IESC 3, what did the Supreme Court hold in regard to the impact of Glencar Explorations Plc v Mayo County Council [2012] IR84 on a solicitor’s duty of care?
  • In Fagan v Garda Commissioner & Ors [2014] IEHC 128, how did Irvine J respond to the argument that, under Glencar Explorations plc v Mayo County Council [2002] 1 IR 84, members of An Garda Síochána do not owe duty of care to members of the public when carrying out their public order functions?
  • What did Barrett J hold in Jeffery v The Minister for Justice and Equality [2014] IEHC 99 in respect of a claim for damages for negligence and misrepresentation arising from untrue  evidence given, mistakenly and without malice, by a member of the Garda Síochána?
  • In PR v KC, Legal Personal Representatives of the Estate of M.C. Deceased [2014] IEHC 126, how did Baker J determine the motion to dismiss a claim for assault, battery, trespass to the person, intentional inflection of emotional suffering and breach of the plaintiff’s constitutional rights on the basis that the proceedings were barred by virtue of section 12(1) of the Personal Injuries Assessment Board Act 2003?
  • In DF v Garda Commissioner (No 3) [2014] IEHC 213, how did Hogan J deal with the relationship between claims for assault, battery and false imprisonment and claims for breaches of constitutional rights?


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.


Negligence Claims Against Solicitors and Doctors: Recent Developments

Dr. Ciaran Craven is a practising barrister.  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). He is co-editor of the Quarterly Review of Tort Law.


Defamation Litigation: Recent Developments

Dr. Neville Cox is a practising barrister, Associate Professor 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). He is Director of the Master of Laws degree programme at Trinity.


Employers' Liability and Vicarious Liability: Recent Developments

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.

11.10 Tea/Coffee break

Issues of Practice and Procedure in Tort Litigation: Recent Developments

Ray Ryan is a practising barrister. A graduate of Trinity College Dublin, he has published  widely  on a range of aspects of tort law.


The Duty of Care, Occupiers’ Liability and Economic Loss: Recent Developments

William Binchy is a practising barrister and co-author of McMahon and Binchy’s Law of Torts (4th Edition, 2013)

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

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

** for members of the TCD CPD Conference Progamme.

Cheques should be made payable to TCD No. 1 Account.

Fees inclusive of tea/coffee and lecture materials.


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

CPD Points: 3.5. Certificates will be posted to delegates after the conference.
Contacts: Conference Reservations: Telephone Catherine at +353 1 896 2367;
Fax Number: (01) 677 0449; Email: