Professor Hilary Biehler
Professor of Public Law, Law
Biography
Hilary Biehler is a barrister and Professor of Public Law at the Law School Trinity College, Dublin. She obtained a B.A.(Mod.), M.Litt., Ph.D. and LL.D. in law from Trinity College Dublin and was called to the Irish Bar in 1988. She was a Commissioner with the Law Reform Commission from 1997-2005 and Editor of the Irish Law Reports Monthly from 1993-2008. She was Head of the Law School at Trinity College from 2003-2005, 2008-2010 and 2011-2014. She was Vice Dean of the Schools of Law and Education in 2005-2006, Pro-Dean of the Faculty of Social and Human Sciences in 2007 and Pro-Dean of the Faculty of Arts, Humanities and Social Sciences in 2010-2011. She has published widely in the areas of Equity and the Law of Trusts, Administrative law and Civil Procedure.
Publications and Further Research Outputs
Peer-Reviewed Publications
Biehler, H, Dismissal of Proceedings on Grounds of Delay, Irish Law Times, 42, (1), 2024, p6 - 12
Biehler, H., Delany & McGrath on Civil Procedure, 5th, Dublin, Round Hall Thomson Reuters, 2024, 1 - 1712pp
Biehler, H., Case Stated Procedure - Recent Developments, Irish Law Times, 41, (1), 2023, p7 - 14
Biehler, H., Security for the Costs of Appeals, Irish Jurist, 69, 2023, p43 - 60
Biehler, H., Recent Developments in Judicial Review Procedure Part II, Irish Law Times, 41, (11), 2023, p159 - 164
Biehler, H., Recent Developments in Judicial Review Procedure Part 1, Irish Law Times, 41, (10), 2023, p147 - 152
Biehler, H., Judicial Review and Remittal in Civil Proceedings, Irish Law Times, 40, (1), 2022, p10 - 16
Biehler, H., Security for Costs and Corporate Plaintiffs - A Re-appraisal of Special Circumstances?, Irish Supreme Court Review, 4, 2022, p1 - 20
Biehler, H., The Nemo Iudex in Causa Sua Principle: Getting the Balance Right, Dublin University Law Journal, 42, (2), 2022, p113 - 129
Biehler, H., A Comparative Analysis of the Some Aspects of the Charities Act 2011 and the Irish Charities Act 2009, Trust Law International, 35, (2), 2021, p71 - 89
Biehler, H., Third Party Procedure - An Analysis of Recent Decisions, Irish Law Times, 39, (1), 2021, p7 - 15
Biehler, H., The Concept of Sufficient Interest in Judicial Review Proceedings, Irish Jurist, 65, 2021, p1 - 24
Biehler, H., Procedural Fairness and a Two Stage Process - Why There Can Be No 'Bright Line Rule', Irish Jurist, 63, 2020, p28 - 47
Biehler, H., The Right to Representation as an Aspect of Procedural Fairness, Irish Law Times, 38, (13), 2020, p5 - 12
Biehler, H., Interlocutory Injunctions - Recent Guidance from the Supreme Court, Irish Law Times, 38, (13), 2020, p190 - 195
Biehler, H., Equity and the Law of Trusts in Ireland, 7th, Dublin, Thomson Reuters, 2020, 1 - 1080pp
Biehler, H., Undue Influence and Third Parties - An Update on the Position in Ireland, Irish Law Times, 37, (13), 2019, p186 - 193
Biehler, H., The Rationale for the Duty to Provide Reasons for Administrative Decisions, Irish Jurist, 61, 2019, p148 - 158
Biehler, H., The Criteria for Appeals to the Supreme Court, Irish Law Times, 37, (1), 2019, p7 - 13
Biehler, H., Security for Costs and Corporate Plaintiffs - Recent Developments, Irish Law Times, 37, (7), 2019, p98 - 103
Biehler, H., The Scope of Common Intention Constructive Trusts: Where to Draw the Line?, Trust Law International, 32, (2), 2018, p63 - 72
Biehler, H., Time Limits in Judicial Review Proceedings, Irish Law Times, 36, (1), 2018, p7 - 14
Biehler, H., McGrath D., Egan McGrath E., Delany and McGrath on Civil Procedure, 4th, Dublin, Thomson Reuters Round Hall, 2018, 1 - 1437pp
Biehler, H., Maintenance and Champerty and Access to Justice - the Saga Continues, Irish Jurist, 59, 2018, p130 - 145
Biehler, H., Principles Relating to the Awarding of Costs in Cases which do not Proceed to a Determination, Irish Law Times, 35, (12), 2017, p154 - 160
Biehler, H., Upholding Standards in Public Decision-Making: Getting the Balance Right, Irish Jurist, 57, 2017, p94 - 118
Biehler, H., Normal and Leapfrog Appeals to the Supreme Court, Irish Law Times, 35, (1), 2017, p5 - 10
Biehler, H., The Statement of Grounds in Judicial Review Proceedings: Recent Developments, Irish Law Times, 34, (13), 2016, p187 - 193
Biehler, Hilary, Equity and the Law of Trusts in Ireland, 6th, Dublin, Round Hall Thomson Reuters, 2016, 1 - 972pp
Biehler, H., DIsmissal of Proceedings on Grounds of Delay, Irish Jurist, 55, 2016, p175 - 188
Biehler, H., Third Party Funders - Costs and Discloure Orders, Irish Law Times, 34, (1), 2016, p7 - 13
Biehler, H., The Political Purposes Exception - Is There a Future for a Doctrine Built on Foundations of Sand?, Trust Law International, 29, (3), 2015, p97 - 113
Biehler, H., Remedies in Cases of Proprietary Estoppel: Towards a More Principled Approach? , Irish Jurist, 54, 2015, p79 - 95
Biehler, H., Trusts for the Relief of Poverty and the Public Benefit: Time for a Reappraisal, Trust Law International, 28, (3), 2014, p145 - 156
Biehler, H. and Donnelly, C., Proportionality in the Irish Courts: the Need for Guidance, European Human Rights Law Review, (3), 2014, p272 - 283
Biehler, H., The Right to Privacy and the Retention of DNA Profiles - Getting the Balance Right, European Human Rights Law Review, (5), 2014, p479 - 489
Biehler, H., Curial Deference in the Context of Judicial Review of Administrative Action Post - Meadows, Irish Jurist, 49, 2013, p29 - 48
Biehler, H., Judicial Review of Administrative Action: A Comparative Analysis, 3rd, Dublin, Round Hall Thomson Reuters, 2013, 1 - 540pp
Biehler, H., Legitimate Expectation - An Odyssey, Irish Jurist, 50, 2013, p40 - 69
Biehler, H., Joining a Defendant - Time Bar Issues, Irish Law Times, 30, 2012, p227 - 231
Biehler, H., "Security for Costs: A Reappraisal of Established Principles, Dublin University Law Journal, 35, 2012, p173 - 198
Delany, H. and McGrath, D., Civil Procedure in the Superior Courts, 3rd edition, Dublin, Thomson Reuters (Professional) Ltd, 2012, cxxxii + 1196pp
Delany, H. and Ryan D., "Springboard Injunctions: An Analysis of Emerging Principles in the Case Law of the English and Irish Courts, Civil Justice Quarterly, 31, (3), 2012, p284 - 303
Delany, H, The Law Relating to Charitable Trusts: Judicial Guidance and Statutory Intervention, Dublin University Law Journal, 33, 2011, p196 - 219
Delany, H and Donnelly, C, The Irish Supreme Court inches towards proportionality review, Public Law, P.L. 2011, 2011, p9 - 19
Delany, H., Equity and the Law of Trusts in Ireland, 5th, Dublin, Thomson Reuters (Professional) Ireland Ltd, 2011, 1 - 890pp
Delany, H, The test for the grant of mandatory interlocutory injunctions, Irish Law Times, 28, 2010, p217 - 220
Delany, H, Dismissal for want of prosecution - has the test changed?, Irish Law Times, 28, 2010, p5 - 9
Delany, H and Egan McGrath, E, The Discovery Rules - Judicial Proactivity and SI 2009/93, Irish Law Times, 28, 2010, p42 - 47
Delany, H, Judicial Review of Administrative Action: A Comparative Analysis, 2nd, Dublin, Thomson Round Hall, 2009, 1 - 489pp
Delany, H., Trustee Exemption Clauses - Proposals for Regulation, Trust Law International, 23, (2), 2009, p91 - 102
Delany, H., The relevance of the availability of an alternative remedy in judicial review proceedings, Irish Law Times, 27, 2009, p10 - 13
Delany, H, Is there a future for proprietary estoppel as we know it?, Dublin University Law Journal, 31, 2009, p440 - 457
Delany, H., Recent Developments in Administrative Law in Canada, Dublin University Law Journal, 30, 2008, p100 - 119
Delany, H. and Ryan, D., Unconscionability: A Unifying Theme in Equity?, The Conveyancer and Property Lawyer, 72, (5), 2008, p401 - 436
Delany, H, "Substantial Grounds" and "Substantial Interest" - A Restrictive Interpretation, Irish Law Times, 26, 2008, p246 - 253
Hilary Delany and Eoin Carolan, The Right to Privacy, Dublin, Thomson Round Hall, 2008, 1 - 352pp
Delany, H., The costs of interlocutory and leave applications, Irish Law Times, 25, 2007, p271 - 277
Delany, H., Equity and the Law of Trusts in Ireland, 4th ed.,, Dublin, Thomson Round Hall, 2007, cviii, 828pp
Delany, H and Murphy, C., Towards common principles relating to the protection of privacy rights?, European Human Rights Law Review, (5), 2007, p568 - 582
Delany, H, Legitimate expectations and substantive effect, Dublin University Law Journal, 29, 2007, p413 - 426
Delany, H., Joining co-defendants and amici curiae, Irish Law Times, 25, 2007, p237 - 241
Delany, H., Employment Injunctions: the role of mutual trust and confidence, Dublin University Law Journal, 28, 2006, p363 - 379
Delany, H., Mareva Injunctions - recent developments, Irish Law Times, 24, 2006, p9 - 16
Hilary Delany, Prior restraint orders and freedom of expression - towards a unified approach, Irish Jurist , 40, 2005, p138 - 159
Delany, H., The requirement to act promptly in judicial review proceedings, Irish Law Times, 23, 2005, p230 - 235
Equity in, editor(s)Binchy W., Byrne R. , Annual Review of Irish law 2004, Dublin, Thomson Round Hall, 2005, pp265 - 272, [Delany, H]
Practice and Procedure in, editor(s)Binchy, W., Byrne, R. , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp409 - 430, [Delany, H]
Delany, H., McGrath D., Civil Procedure in the Superior Courts , 2nd edition, Dublin, Thomson Round Hall, 2005, cxxxi + 890 pp
Delany H., Security for the costs of discovery, Journal of Civil Practice and Procedure, 1, (1), 2005, p3 - 7
Delany, H., Breach of confidence or breach of privacy: the way forward, Dublin University Law Journal, 27, 2005, p151 - 168
Delany H., The obligation on the courts to deal with cases within a "reasonable time, Irish Law Times, 22, 2004, p249 - 254
Delany H., The constitutionality of limitation periods without savers, Irish Law Times, 22, 2004, p262 - 266
Delany H., The amended discovery rules -clarification of the extent of the changes, Irish Law Times, 22, 2004, p12 - 16
Delany H., Extension of time limits in judicial review proceedings, Irish Law Times, 21, 2003, p156 - 160
Delany H., Equity, Annual Review of Irish Law, 2003
Delany H., Constitutional law - Interference by the legislature in the judicial domain' , Irish Law Times, 21, 2003, p272 - 276
Delany H., Equity and the Law of Trusts in Ireland, 3rd ed., Thomson Round Hall, 2003, ci +740pp
Delany H., Satisfying the equity in cases of proprietary estoppel, Dublin University Law Journal, 25, 2003, p217 - 229
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2003
Delany H., Applications to set aside orders granting leave in judicial review proceedings, Irish Law Times, 20, 2002, p269 - 272
Delany H., McGrath D., Civil Procedure in the Superior Courts, Round Hall Sweet and Maxwell, 2002, cxiii + 722pp
Delany H., Equity and the Law of Trusts in Ireland: Cases and Materials, Round Hall Sweet and Maxwell, 2002, lx +1093pp
Delany H., Equity, Annual Review of Irish Law, 2002
Delany H., Judicial review in cases of asylum seekers - the role of curial deference and the question of whether the standard of review should vary, Dublin University Law Journal, 24, 2002, p1 - 25
Delany H., Regulation of the Supreme Court's appellate jurisdiction must be clear and unambiguous, Irish Law Times, 20, 2002, p73 - 78
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2002
Delany H., Extension of time for bringing judicial review pursuant to s.5 of the Illegal Immigrants (Trafficking) Act 2000, Irish Law Times, 20, 2002, p44 - 48
Delany H., Equity, Annual Review of Irish Law, 2001
Delany, H., Discovery - How strictly is the new Order 31, rule 12 being interpreted?, Irish Law Times, 19, 2001, p57 - 60
Delany H., Judicial Review of Administrative Action: A Comparative Analysis, Round Hall Ltd, 2001, xl + 281pp
Delany H., Setting aside final orders, Dublin University Law Journal, 23, 2001, p1 - 20
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2001
Delany H., Judicial review proceedings: Discretionary factors and the effect of delay, Dublin University Law Journal, 22, 2000, p236 - 254
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2000
Delany H., Striking out where no reasonable cause of action, where claim frivolous or vexatious or where clearly unsustainable, Irish Law Times, 18, 2000, p127 - 130
Delany H., Equity, Annual Review of Irish Law, 2000
Delany H., Security for costs in relation to corporate plaintiffs, Irish Law Times, 18, 2000, p58 - 61
Delany H., Recent developments in relation to the Nemo Iudex in Causa Sua principle, Dublin University Law Journal, 21, 1999, p66 - 89
Delany H., Equity, Annual Review of Irish Law, 1999
Delany H., Third party procedure and concurrent wrongdoers - Service of third party proceedings as soon as is reasonably possible, Dublin University Law Journal, 21, 1999, p190 - 206
Delany H., Recent developments in relation to discovery, Irish Law Times, 17, 1999, p203 - 206
Delany H., The Courts Acts 1924-1997, 2nd ed., Round Hall Sweet and Maxwell, 1999, lxxi + 538pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1999
Delany H., Equity and the Law of Trusts in Ireland, 2nd ed., Round Hall Sweet and Maxwell, 1999, xci + 706pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1998
Delany H., Significant themes in judicial review of administrative action, Dublin University Law Journal, 20, 1998, p73 - 100
Delany H., Equity, Annual Review of Irish Law, 1998
Delany H., Equity, Annual Review of Irish Law, 1997
Delany H., The future of the doctrine of legitimate expectations in Irish administrative law, Irish Jurist, 32, 1997, p217 - 242
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1997
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1996
Delany H., Equity, Annual Review of Irish Law, 1996
Delany H., Equity, Annual Review of Irish Law, 1995
Delany H., Equity and the Law of Trusts in Ireland, Round Hall Sweet and Maxwell, 1995, 577pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1995
Delany H., The Courts Acts 1924-1991, Round Hall Sweet and Maxwell, 1994, xliv + 339pp
Delany H., Equity, Annual Review of Irish Law, 1994
Delany H., Charitable status and cy-pres jurisdiction, Northern Ireland Legal Quarterly, 45, 1994, p364 - 377
Delany H., Hogan G., Anglo-Irish extradition as viewed from an Irish perspective, Public Law, 1993, p93 - 120
Delany H., Interlocutory injunctions - Adequacy of damages and other factors, Dublin University Law Journal, 15, 1993, p228 - 242
Delany H., Legal representation in administrative proceedings: a matter of right or discretion?, Dublin University Law Journal, 14, 1992, p88 - 100
Delany H., Employment Law - Natural justice and the officeholder / employee distinction, Dublin University Law Journal, 10, 1990, p164 - 174
Delany H., The doctrine of legitimate expectation in Irish law, Dublin University Law Journal, 12, 1990, p1 - 25
Non-Peer-Reviewed Publications
The Proposed Court of Appeal in, editor(s)Bacik and Prendergast , Criminal Law and Practice Review , Dublin, Clarus Press, 2014, pp129 - 142, [Biehler, H.]
Delany H., Amendments to a statement of grounds in judicial review proceedings, Practice and Procedure, 3, 2001, p2 - 5
Delany H., Dismissal for want of prosecution or on grounds of inordinate and inexcusable delay, Practice and Procedure, 2, 2000, p2 - 7
Delany H., Dismissal for want of prosecution, Irish Law Times, 14, 1996, p240 - 243
Delany H., Security for costs and plaintiffs resident outside the jurisdiction, Irish Law Times, 14, 1996, p119 - 122
Delany H., The duty to give reasons in administrative decision-making, Irish Law Times, 12, 1994, p145 - 148
Delany H., The scope of judicial review - a question of the source or nature of powers, Irish Law Times, 11, 1993, p12 - 16
Delany H., The doctrine of legitimate expectations: Recent developments, Irish Law Times, 11, 1993, p192 - 195
Delany H., Statutory interpretation - can legislation have retrospective effect?, Irish Law Times, 10, 1992, p133 - 137
Delany H., Recent developments in locus standi in Irish constitutional law, Irish Law Times, 8, 1990, p147 - 151
Research Expertise
Description
Equity and the Law of Trusts, Administrative Law, particularly Judicial Review of Administrative Action, and Civil ProcedureRecognition
Representations
Commissioner, The Law Reform Commission
Awards and Honours
Fellow of Trinity College, Dublin