- Circuits:
Dublin- Direct Professional Access:
- Not provided
Biography
Brian Foley SC is a public law and medical negligence specialist.
He acts regularly for An Bord Pleanála and the Environmental Protection Agency and in this area has acted in over 70 cases that have proceeded to a written judgment including many Supreme Court cases such as Sweetman v An Bord Pleanála [2018] 2 IR 250, Callaghan v An Bord Pleanála [2018] 2 ILRM 373, Connelly v An Bord Pleanála [2018] 2 ILRM 453, NEPPC v An Bord Pleanala (No.2) [2019] IESC 8, Balz v An Bord Pleanála (No.2) [2020] 1 ILRM 367 and An Taisce and Sweetman v An Bord Pleanála, [2020] IESC 39.
Brian also acts for the Office of the Information Commissioner and the Commissioner for Environmental Information in many leading freedom of information / environmental information cases including McKillen v Information Commissioner [2016] IEHC 27, Redmond v Commissioner for Environmental Information & Anor [2020] IECA 83, Minch v Commissioner for Environmental Information & Anor [2017] IECA 223 and Minister for Communications, Energy and Natural Resources -v- The Information Commissioner & ors [2019] IECA 68.
Brian also specialises in medico-legal law. He act for many indemnifiers including the State Claims Agency. Aside from being involved in very many catastrophic injury cases, he has appeared in many leading cases such as Russell (A Minor) v Health Services Executive [2016] 3 IR 427, Green v Hardiman [2019] IESC 51, Farrell v Ryan [2016] IECA 281 and Morrissey v HSE [2019] IESC 60. He is regularly briefed in complex litigation involving serious injuries, such as those related to cerebral palsy, symphysiotomy, cervical screening and bowel screening.
Recent Cases & Legal Work
A selection of reported cases include
| Balz and Heubach v An Bord Pleanála and Cork County Council and Cleanrath Windfarms Ltd
|
[2020] 1 ILRM 367 |
| Hayes, Hayes and Sweetman v An Bord Pleanála
|
[2019] 2 IR 645 |
| Callaghan v An Bord Pleanála, Ireland and the Attorney General, Element Power Ireland Limited, Element Power Ireland and North Meath Wind Farm
|
[2018] 2 ILRM 373 |
| Connelly v An Bord Pleanála and Clare County Council and McMahon Finn Wind Acquisition
|
[2018] 2 ILRM 453 |
| Sweetman v An Bord Pleanála, Ireland and the Attorney General, Thomas Houston and An Taisce
|
[2018] 2 IR 250 |
| South West Regional Shopping Centre v An Bord Pleanála & Ors
|
[2016] 2 IR 481 |
| Russell (A Minor) v Health Services Executive
|
[2016] 3 IR 427 |
| Joyce v Board of Management of Coláiste Iagnaid
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[2016] 27 ELR 140 |
| Environmental Protection Agency v Harte Peat Ltd and Lismoher Ltd
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[2015] 1 IR 462 |
| Keegan v Judge Kilraine and the DPP
|
[2011] 3 IR 813 |
Publications
Books |
Date |
| Deference and the Presumption of Constitutionality (Dublin: Institute of Public Administration, 2008) (ISBN: 978-1-904541-76-9)
|
2008 Link |
| The Judge’s Charge in Criminal Trials (Dublin: Round Hall, 2008) (ISBN: 9781858005058) (with Genevieve Coonan BL).
|
2008 Link |
Articles |
Date |
| “Why Proportionality?” In Judicial Power, (Carolan Ed, IPA, 2018).
|
2018 Link |
| “The BUPA Ireland Case and Constitutional Litigation” (2010) 45(1) Ir. Jur. 230.
|
2010 Link |
| “The Cityview Press v AnCo Principles and Administrative Discretion. Form or Substance?” [2010] 15 Bar Rev. 113.
|
2010 Link |
| “The Proportionality Test, Present Problems” [2008] 1 Judicial Studies Institute Journal 67.
|
2008 Link |
| “Presuming the Legislature Acts Constitutionally: Legislative Process and Constitutional Decision-Making” [2007] 29 D.U.L.J. 141.
|
2007 Link |
| “Interpretative and Deference Based Models of Judicial Restraint in the Irish Constitution” [2006] 6(1) Hibernian LJ 65.
|
2006 Link |
| “Diceyan Ghosts – Deference, Rights, Policy and Spatial Distinctions” [2006] 28 D.U.L.J. 77.
|
2006 Link |
| “Time to Think About the Nuclear Option? – The Aftermath of C.C v Ireland” [2006] 100 (6) Law Soc. Gazette 12.
|
2006 Link |
| “Judicial Review of the Director of Public Prosecutions” [2003] 21 I.L.T. 239.
|
2003 Link |
| “Bosman and the New FIFA Rules for International Transfers” [2003] 21 I.L.T. 74.
|
2003 Link |
| “The Case for A Liberal Interpretation of s.60(1) of the Companies Act, 1963” [2003] 10 C.L.P. 40.
|
2003 Link |
| “Consensual Assault – Just What is the Law?” (2002) 5 T.C.L.R 266.
|
2002 Link |
| “Court Protection of Ailing Companies – the Law of Examinership in the Republic of Ireland” (2002) 23 (11) B.L.R. 267 (Part II); (2002) 23 (10) B.L.R. 244 (Part I).
|
2002 Link |
| “Boxing, the Common Law and the Non-Fatal Offences against the Person Act 1997” (2002) 12 I.C.L.J. 15.
|
2002 Link |
| “Same Problem, Same Solution? – The Treatment of the Voluntarily Intoxicated Offender in England and Germany” (2001) 4 T.C.L.R 119.
|
2001 Link |
| “Hearsay and Recent Complaint” (2001) 19 I.L.T. 234.
|
2001 Link |
| “The Doctrine of Recent Complaint Revisited” (2001) 13 I.C.L.J. 20.
|
2001 Link |
Speeches & Lectures
| “Mootness in the New Supreme Court”, Public Law Conference, UCD, 22 May 2019.
The Public Law Conference is an annual event organized by the UCD Centre for Constitutional Studies. It provides a comprehensive guide to recent developments in Irish public law from leading academics and practitioners in the field.
Speakers provide up to date insight into recent changes in legal principles, practice and procedure across a range of areas including judicial review, constitutional law, regulatory law, data protection, adoption and family law, immigration and asylum, and crime.
|
22 May 2019
Link |
| “Reasons in Planning: Recent Cases and Trends”, Public Law Conference”, UCD, 13 Jun 2018.
See above for details of the event.
|
13 June 2018
Link |
| “It’s not a free for all: Some Recent Developments of Time Limits and Standing”, Public Law Conference, UCD, 6 December 2015.
See above for details of the event.
|
6 December 2015
Link |
| “Concepts of the Judicial Power Over the Past 75 Years” at Irish Constitution, Past Present and Future, UCD Constitutional Studies Group Conference) 30th June 2012.
The Irish Constitution: Past, Present and Future was a multi-day conference organised by the then UCD Constitutional Studies Group to mark the 75th anniversary of the enactment of Bunreacht na hÉireann, featured a range of distinguished speakers from Ireland and overseas.
|
30 June 2012
Link |
Contact Form
Contact
- Phone
- 01-817 7367
- Address
- The Distillery Building 145-151 Church St Dublin 7
- DX
- 816551