Ronan Lupton SC

Ronan Lupton is a Senior Counsel practising in the areas of Commercial, Chancery and Media Law. He has appeared as counsel before the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and before various regulatory tribunals. He has particular expertise in Defamation, Data Protection, eCommerce, Freedom of Expression, Intellectual Property, Privacy and Media Contempt, and has a special interest in Shareholder Oppression Disputes and Communications Regulatory Law.

He was called to the Bar in 2008 and became a Senior Counsel in 2021. He was called to the Bar of England and Wales in 2019. He is an active member of the Professional Practices Committee (PPC) of the Bar of Ireland.

Ronan is a media law adviser to a number of large media organisations and routinely advises on prepublication and post publication matters. He also advises on complex commercial and technology contracting matters in both the private and public law spheres. He appears as counsel in all forms of commercial, chancery and media law disputes.

In addition to his legal practice, Ronan lectures on the Data Protection and Governance Law programme and is an Adjunct Associate Professor at the Sutherland School of Law at UCD. He has taught Data Protection and Privacy Law at both undergraduate and post graduate level.

Ronan has acted as an adviser to the Government on media related matters and issues connected to online content, online harms and the welfare and safety of children online. In January 2022 he was appointed a member of the Expert Group convened to consider individual complaint mechanisms under the Online Safety and Media Regulation (“OSMR”) Bill 2022. 

Ronan is instructed by solicitors and in-house counsel on a wide range of contentious and non-contentious matters. A selection of his recent cases include:

Media Law:

Bird v Iconic Newspapers Limited [2024] IECA 62 (Court of Appeal – Appeal on Qualified Privilege – Cross appeal on costs).

Guerin v O’Doherty [2024] IECH 110 (High Court – Inherent Jurisdiction – Injunction – Amendment to Pleadings – Trial by Jury)

Siobhan Keane v CSO [2024] IEHC 20 (High Court – Circuit Court Appeal – Damages for breach of the Data Protection Act 1988 – Clarke v O’Gorman – PIAB Authorisation)

Digital Rights Ireland v Discord Inc [2023] IEHC 573 (Norwich Pharmacal Relief – Conditional Appearance – ‘Revenge Porn’ – GDPR Representative Action – Damages for Breach of GDPR)

Bird v Iconic Newspapers Limited Rec. No. 2015/5727 P. (High Court Civil Jury – Defamation Defence Counsel – Civil Jury – Identification – Qualified Privilege – Damages).

Carey v Independent News And Media Plc & Ors. [2021] IEHC 229.  (High Court Chancery – Privacy – Discovery and Disclosure – Journalistic Sources – Source Confidence – Public Interest).

Guerin v. O’Doherty [2020] IEHC 490; [2020] 10 JIC 1203. (High Court Chancery – Defamation – Substituted Service – Setting Aside Service – Reporting Restrictions). High Court – Civil Jury 2023.

Boyle v. Governor of St Patrick’s Institution [2015] IEHC 410; [2015] 6 JIC 2508; 2015 WJSC-HC 3515. (High Court Chancery – Privacy – Subpoena duces tecum Set Aside – Charter of Fundamental Rights of the European Union – Journalistic Privilege – Journalistic Source Confidence – Freedom of Expression).

McKeogh v. John Doe [2015] IEHC 755; [2015] 11 JIC 2705; 2015 WJSC-HC 20226. (High Court Chancery & Court of Appeal – Taxation of Costs – Solicitor Client – Taxable Party).

Petroceltic International Plc & Ors v Aut O Mattic A8c Ireland Limited 2015/6714 P (High Court Chancery – Injunction – Norwich Pharmacal Order – Notice to Non-Party – Anonymity Online – Preservation of Records).

Cornec v. Morrice and Others [2012] 1 IR 804; [2012] 9 JIC 1801; [2012] IEHC 376. (High Court Chancery – Foreign Tribunal Evidence Act 1856 – Letters Rogatory – Privacy – Journalistic Privilege – Journalistic Source Confidence – Freedom of Expression – Bloggers Rights – Constitutional Law Ex Parte Orders ).

Civil Juries:

Gambucci v Barry, Petrie & Ors. (Civil Assault and Battery – False Imprisonment – Malicious Prosecution)

Clarke v O’Gorman (Civil Assault and Battery – Statute of Limitations – Medical Evidence – PTSD)

Commercial Law:

Pathfinder Litigation (“Mica”) O’Dochartaigh and McLoughlin v Cassidy Brothers, Donegal County Council, NSAI and Others.

Donegal Investment Group Plc v. Danbywiske, Ronald Wilson, The General Partners of Wilson Ltd [2019] 1 IR 150; [2017] IESC 14 [2017] 2 JIC 2703; [2017] 2 ILRM 1. (Supreme Court – Shareholder Oppression – Company Valuation – Expert Evidence on Appeal – The Duties of Experts – Rule in Hay v. O’Grady – Reasoned Decision Making – Knowledge of Outcome).

Donegal Investment Group Plc v. Danbywiske, Wilson and Others [2016] IECA 193; [2019] 1 IR 150. (Court of Appeal – Shareholder Oppression – Company Valuation – Expert Evidence on Appeal –  Proof of Oppression – Remedy – Rule in Hay v. O’Grady).

Donegal Investment Group Plc v. Danbywiske, Wilson and Others [2017] IECA 140; [2017] 5 JIC 0804. (Court of Appeal – Variation of Court Orders – Order 86A, rule 3).

Donegal Investment Group Plc v. Danbywiske, Wilson and Others [2017] IEHC 479. (High Court Commercial – Shareholder Oppression – Technical Oppression – Further and Better Discovery “Bula No 5” – Documents in Existence After Original Order).

Maugham and Ors v Ireland and the Attorney General 2017/781 P (High Court Judicial Review – Brexit Test Case – Revocation of Article 50 of the TFEU – Good Friday Agreement – Article 267 Preliminary Reference Procedure).

Donegal Investment Group Plc v. Danbywiske, Wilson and Others [2016] IECA 226; 7 JIC 2702; 2016 WJSC-CA 5649 (Court of Appeal – Costs).

Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems [2016] IEHC 414; [2016] 7 JIC 1906; 2016 WJSC-HC 5190. (High Court Commercial – Amicus Intervenor – Data Protection – Privacy Shield).

Donegal Investment Group Plc v. Danbywiske, Wilson and Others [2015] IEHC 439; [2015] 5 JIC 2127; 2015 WJSC-HC 6424. (High Court Commercial – Shareholder Oppression – Technical Oppression – Remedy – S.205).

Danbywiske and Another v. Donegal Investment Group Plc and Others [2015] IEHC 126; [2015] 2 IR 456. (High Court Commercial – Specific Performance – Share Option – Heads of Agreement – Variation to Shareholders Agreement).

Bray Wanderers v. Deering and Ors. 2015/5627 P (High Court Chancery – Interim Injunction – Trespass – Undertakings).

Donegal Investment Group Plc v. Danbywiske, Wilson and Others [2014] IEHC 615; [2014] 12 JIC 0502. (High Court Commercial – Shareholder Oppression – Technical Oppression – Company Valuation – Market Valuation – Discounted Cash Flow – Expert Evidence).

EMI Records (Ireland) Ltd and Others v. UPC Communications Ireland Ltd and Others [2013] 11 ICLMD 14; [2013] IEHC 204. (High Court Commercial – Amicus Intervenor – Intellectual Property – Three Strikes – Music Downloads).

D & F Health Partnership Ltd (t/a Health Partnership) v Limerick Private Ltd (t/a Limerick Private Hospital) [2009] JILL-HC 103001. (Master’s Court Procedure – High Court Practice Direction HC97 – Liberty to enter final judgment – Stay – Judicial discretion – Plaintiff’s right to enforcement of judgment – Principles to be applied – Balance of prejudice to parties – Due Process).

Privacy Law in Ireland – Róisín Á Costello (Author), Ronan Lupton (Volume Editor) – 20 July 2023 (Bloomsbury Professional) ISBN: 9781526524553.

The European Electronic Communications Code – EECC Directive (EU) 2018/1972 – A companion guide and legal citator. Author – 22 July 2019.

Education must begin at home, and censorship isn’t the answer Expert Comment – Ana Kriegel case. Irish Independent p.5 print edition – 22 June 2019.

Data laws don’t change CervicalCheck victims’ access to records Expert Analysis GDPR and CervicalCheck. Irish Independent p.12 print edition – 14 June 2018.

Why the Facebook case matters to you – Ruling will have serious consequences for right of redress after data breaches, Irish Times p. 12 print edition – 8 February 2017.

Report of the Internet Content Governance Advisory Group – ICGAG, for Minister for Communications Pat Rabbitte TD Co-author – 30 May 2014.

Communications (Retention of Data) Act 2011 – The Bar Review 16 (4) 2011 pp. 85 – 90. Author – July 2011.

Communications (Retention of Data) Act 2011 (No 3 of 2011) Irish Business Law Quarterly IBLQ 8 – (2011) 4(2) pp. 8 – 11. Author – August 2011.

An Adjunct Associate Professor at UCD Sutherland School of Law, Ronan lectures on Data Protection and Privacy as part of the LLM and Data Protection and Governance Courses.  Ronan lectured Criminal and Contract Law for professional law students undertaking the Law Society FE1 and Honorable Society of King’s Inns Barrister-at-Law entrance examinations at City Colleges in Dublin between 2011 and 2014. He is a founding Committee member of the Media, Internet, and Data Protection Bar Association – MIDBA, website: https://www.midba.ie/

Below is a selection of recent speaking engagements:

• Topic: UCD Public Law Conference: “Haters going to hate” arguments for and against the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 – 29 May 2024.
• Topic: Regulation Online – Past – Present – Future: Social Media Conference, Croke Park, Dublin – 16 January 2024.
• Topic: Guest Lecture TCD Law School: Digital Services Act (“DSA”) EU Regulation & Online Safety and Media Regulation Act 2022 (“OSMR”) – 6 November 2023;
• Topic: Symposium TCD – Cybersecurity, Privacy and Data Protection in the EU: (How) can we have it all? – 26 October 2023.
• Topic: AI in the Workplace – Joint Oireachtas Committee on Enterprise, Trade and Employment – 21 June 2023.
• Topic: Digital Content Regulation Seminar: Online Safety Codes – Online Safety and Media Regulation Act 2022 – Mason Hayes and Curran – with Michael Madden and Internet Safety Commissioner Niamh Hodnett, Tuesday 13 June 2023: Replay
• Topic: UCD Public Law Conference: Developments in Data Retention, Digital Evidence, and Non-Material Damages Claims – with Róisín Á Costello BL speaking on the Patrick Quirke Supreme Court Judgment and Digital Evidence – Sutherland School of Law, 23 May 2023.
• Topic: GDPR 5-Years on – Meeting of the DPO Network, Central Bank of Ireland, 17 May 2023.
• Topic: Case C-140/20 – G.D. v Garda Commissioner and Ors. and the Communications (Retention of Data) Act 2011 – RTE PrimeTime – 23 March 2023.
• Topic: Tech and Data Disputes; a Cross-border View – Dublin International Dispute Week (“DIDW”) – Mansion House, Dawson Street, Dublin 2 – 15 June 2022.
• Topic: Developments in Data Retention, Freedom of Expression, Defamation, and Media Law – UCD Sutherland School of Law – Annual Conference on recent developments in judicial review and Irish public law – 14 June 2022.
• Topic: Online Safety and Media Regulation (“OSMR”) Bill 2022 and the Digital Services Act (“DSA”) – Irish Society for European Law (“ISEL”) Part 1 of the ISEL Regulatory Law Series 2022 – Webinar – 17 May 2022.
• Topic: Digital Safety in Practice – Webinar by Tusla – 28 April 2022.
• Topic: Case C-140/20 – G.D. v Garda Commissioner and Ors. and the Communications (Retention of Data) Act 2011 – RTE PrimeTime – 5 April 2022.
• Topic: WhatsApp a Case Study – National Data Protection Conference – 30 March 2022.
• Topic: Cracking the Code: Overview of Major Irish Telecommunications Law Changes Ahead – discussing the key changes introduced by the European Electronic Communications Code (the “EECC”) – Webinar – Matheson – 29 March 2022.
• Topic: Online Safety and Media Regulation Bill 2022 – Observatory on Cyberbullying, Cyberhate and Online Harassment: DCU Anti-Bullying Centre – Webinar – 28 February 2022.
• Topic: Censorship – Honorable Society of King’s Inns – Advanced Diploma in Media Law – 11 January 2022.
• Topic: Cyber Event (Insurance, Incidents and Data Breaches) – Forum of Insurance Lawyers – FOIL – 30 November 2021.
• Topic: Data Protection for NGOs – PILA/FLAC Pro Bono Week 2021 – 26 November 2021.
• Topic: Reputation Management: Defamation and Social Media (Anonymity and eCommerce) – PRII/Bar of Ireland Mini-Conference – 15 September 2021.
• Topic: Case C-140/20 – G.D. v Garda Commissioner and Ors. and the Communications (Retention of Data) Act 2011 – RTE PrimeTime – 14 September 2021.
• Topic: Case C-140/20 – G.D. v Garda Commissioner and Ors. and the Communications (Retention of Data) Act 2011 – RTE Radio 1 – Claire Byrne Live – 13 September 2021.
• Topic: Pre-legislative Scrutiny: Oireachtas Joint Committee on on Tourism, Culture, Arts, Sport and Media – Online Social Media Bill – 7 July 2021.
• Topic: GDPR Complaints and Legal Actions (Remedies)– National Data Privacy Conference – 22 September 2020.
• Topic: Expert Panellist with Dr Roisin Costello (DCU Law School) for the delivery of the televised judgment of the Supreme Court in Graham Dwyer – Waterford sitting RTE Today with Sean O’Rourke – 24 February 2020.
• Topic: Online Harassment and Harmful Communications –  Oireachtas Committee on Justice and Equality – 16 October 2019.
• Topic: Cybersecurity for Children and Young Adults – Digital Age of Consent – GDPR and other legal issues – Oireachtas Committee on Children and Youth Affairs – 21 February 2018.
• Motion: “This House Regrets the Internet” – Trinity College Dublin Philosophical Society – Guest Speaker (Opposing the motion – Successfully) – 24 January 2019.

Ronan is a founding signatory to the Public Interest Law Alliance – PILA, Pro-bono Pledge Ireland scheme. In addition he is a panel-barrister to the Bar of Ireland Voluntary Assistance Scheme which provides legal assistance to NGOs, Civil Society groups and their members.

Ronan was also a pro-bono adviser to the ISPCC in relation to child protection online and is an independent member of the ISPCC Online Safety Advisory Group – OSAG. This advisory work covers all areas from policy development to criminal justice matters.

Pro-bono Events and Advocacy:

• Intervarsity Mooting Competition 2024 (Judge) – Trinity College Dublin – 19 January 2024
• Bar of Ireland Advanced Advocacy (Faculty Member) – Expert Witness Handling Course – 6 June 2023.
• Bar of Ireland Advanced Advocacy (Faculty Member) – Junior Advanced Advocacy Course – 14 April 2023.
• Tuam Oral History – Podcast Review – For NUI Galway. Legal Adviser to the Oral History Project –  29 July 2020.
• Bar Council of Ireland Voluntary Assistance Scheme – VAS, event for charities and NGOs on Data Protection. Topic: European General Data Protection Regulation – GDPR (Overview and Damages) with Commissioner Helen Dixon on panel – 17 July 2017.
• Data Protection Law – A CPD for Charities –  The Bar Council of Ireland Voluntary Assistance Scheme – (6 June 2013; 13 March 2014; 15 December 2015; 10 February 2016; and 1 February 2017).

In addition to a civil law practice, Ronan has an active interest in developments in communications regulation and competition law. He has very significant experience in both areas and held a number of senior management roles in the telecommunications and Internet sectors prior to commencing his legal practice at the bar in 2008. He currently acts as independent chair to the telecommunications industry association ALTO.