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School of Law

Civil Litigation Update

About the course

  • Date of event
    • Wednesday, 20 June 2018
  • Time
    • 6 - 8 pm
  • Venue
    • Hamilton Building, Trinity College Dublin

    The Private Law Group at Trinity College Dublin is holding a CPD Civil Litigation Update on Wednesday 20 June, 6pm-8pm.

    The event will be chaired by the Hon. Ms Justice Mary C. Irvine, Court of Appeal.



Programme

5.30 Registration
6.00

Latent defects and professional negligence claims - does the 2017 Supreme Court decision in Brandley v Deane tell us when time starts to run?

The 2017 decision of the Supreme Court in Brandley v Deane (15 November 2017) affirmed the long-standing principle that the cause of action in negligence, in latent defects cases, accrues when the damage caused by the defect becomes manifest, rather than the date on which the plaintiff ought reasonably to have discovered, or actually discovered, the damage. This paper considers the implications of the case for determining the limitation period in such cases, contrasts the position with actions in contract, and suggests that the principal impact of the decision would be in cases where there is evidence before a court that such damage was manifest before it was discovered.

 Deirdre Ni Fhloinn
6.25

Money Remedies for Invasion of Privacy - Modesty is a Virtue?

This paper will consider damages claims for invasion of privacy under statute, in equity, at common law, and under the constitution. There are two main themes to the analysis. The first is the relative modesty of monetary awards for invasion of privacy - and this modesty is undoubtedly a virtue. The second is the unnecessarily confused state of the law in all of these contexts - and a little more analytical modesty would not go amiss here.

 Eoin O’Dell
6.50 Tea/Coffee Break
7.05 Developments in the Law of Doctor-Patient Confidentiality

Confidentiality is a core ethical and legal principle in healthcare provision. Despite its importance, it is rarely litigated, and there are only a handful of precedents in the common law world. This paper will consider a recent decision of the High Court of Ireland on the subject of confidentiality: the case of CFA v A [2018] IEHC 112 (21 February 2018). The paper will begin with an overview of the key cases on patient confidentiality, before proceeding to analyse the decision in CFA v A, and going on to highlight the impact the case is likely to have on disclosure of patient information. It will be argued that the case appears to mandate a significant change in the approach to be adopted, and may mean that policies currently in place in Irish healthcare institutions will need to be revisited.

 Andrea Mulligan
7.30-8.00 Questions and Discussion

Speakers

Chair: The Hon. Ms Justice Mary C. Irvine

Andrea Mulligan is an Assistant Professor at the School of Law, Trinity College Dublin, where she lectures in Medical Law and Ethics, and in Insolvency Law. Her specialist area of research is the regulation of assisted human reproduction. She is a co-author of the recently published Medical Law in Ireland. A graduate of Harvard Law School (LL.M), Trinity (LL.B, Ph.D), and the King's Inns, Andrea is also a practising barrister.


Deirdre Ní Fhloinn is a barrister in her final year of a PhD at the TCD Law School, pursuant to a scholarship from the Irish Research Council, on the subject of legal remedies for defective housing. Deirdre advised on a number of construction projects at a large commercial law firm in Dublin before spending a number of years as a senior in-house lawyer at London Underground. Deirdre holds an MSc in Construction Law from King’s College, London and publishes and lectures widely on construction law and related topics.


Eoin O’Dell, BCL (NUI), BCL (Oxon), PhD (Cantab), MA (jo) (Dubl), LLM (a e Oxon) (Dubl), Barrister (Kings Inns), FTCD, Associate Professor of Law in Trinity College Dublin.

Eoin O’Dell is an Associate Professor in the Law School at Trinity College Dublin. He researches and publishes primarily in the fields of freedom of expression, and private and commercial law - and especially where they overlap in IP, IT and cyberlaw.

He has been Chair of the Fellows in Trinity College Dublin, President of the Irish Association of Law Teachers, a Member of the Council and Executive of the Society of Legal Scholars in the UK and Ireland, and Editor of the Dublin University Law Journal.

He has a diverse range of experience, which includes: chairing Copyright Review Group which presented its final report to the Minister for Jobs, Enterprise and Innovation in October 2013; he was a member of the Government Data Forum, established by the Minister of State with responsibility for Data Protection to advise Government on the challenges that arise from the growth in the digital economy; and he is also Legal Advisor to the Digital Repository Ireland.

Reservations

CPD Points: 2

Fees: €120 for 1

Group rates: €215 for 2; €310 for 3; €380 for 4.

Reduced rates: €100 for members of the TCD Law School CPD programme; €110 for members of the Bar called within the past 5 years

Note: delegates who wish to apply to attend Torts Litigation conference may avail of a further discount of €270 for 2 conferences. Further group rates for more than one delegate are available. Please contact the CPD Programme Office

Fees are inclusive of tea/coffee break and conference papers.

Reservations:

CPD Programmes

School of Law, Trinity College Dublin

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Dublin 2.