David O’Brien BL

David has extensive experience in advising upon, and litigating, complex and high value commercial disputes. He regularly appears in matters relating to company law, corporate insolvency and restructuring, procurement, construction law, administrative law, judicial review and employment law.

David also has wide ranging experience in alternative dispute resolution, including arbitration and mediation.

David is called to the Bar of Northern Ireland.

David is instructed by solicitors and in-house counsel in a wide range of court and non-court matters. Some examples of recent cases include:

Association of Plumbing and Heating Contractors of Ireland & Anor -v- The Minister for Enterprise, Trade and Employment & Ors 2023/240 JR

High Court – Judicial Review – Industrial Relations

Applicant (which represents 3,200 plumbing and heating contractors) obtained order of certiorari quashing S.I. 59/2018 – Sectoral Employment Order (Mechanical Engineering Building Services Contractor Sector) 2018, which had governed the minimum terms and conditions of employment for plumbers in Ireland.

Náisiúnta Leictreach Contraitheoir Eireann v The Labour Court & Ors [2022] 3 IR 515; [2021] 2 I.L.R.M. 1; [2022] 33 E.L.R. 1; [2021] IESC 36

Supreme Court – Constitutional challenge / Article 15.2.1 – Judicial Review

State appeal from the order of the High Court (Simons J.) dated 31 July 2020 quashing the Sectoral Employment Order (Electrical Contracting Sector) 2019 (S.I. No. 251 of 2019) on grounds that it was made ultra vires the Industrial Relations (Amendment) Act 2015 and in breach of fair procedures, and furthermore from the High Court’s declaration that the provision made for sectoral employment orders under Chapter 3 of the Industrial Relations (Amendment) Act 2015 was invalid having regard to the provisions of Article 15.2.1° of the Constitution.  The judgment was described in the Irish Supreme Court Review (2022, Vol. 4) as representing “the most important treatment of Article 15 since Cityview”.

Gravity Construction Ltd v Total Highway Maintenance Ltd [2021] IEHC 19

High Court – Construction Law

Much publicised decision of Simons J. in Ireland’s first High Court enforcement proceedings relating to a statutory adjudication award made pursuant to the Construction Contracts Act, 2013.

Killaree Lighting Services Ltd -v- Mayo County Council [2024] IEHC 79

Commercial Court – Procurement – Judicial Review

Public procurement judicial review challenge pursuant to Remedies Regulations  in respect of a public lighting services tender worth approx. € 6 m. Highly significant decision, and first of its kind in Ireland, dealing with interpretation of mandatory obligations imposed by EU law in the context of abnormally low tendering.

White Mountain Quarries Limited t/a Breedon -v- Mayo County Council [2024] IEHC 259

Commercial Court – Procurement – Judicial Review

Acted as sole counsel for successful tenderer, BAM Civil Ltd / KLS JV, in challenge to €23.5 million public lighting contract.

Bank of Ireland Mortgage Bank -v- Brian Murray & Attracta Murray [2024] IECA 11

Court of Appeal – Doctrine of restitution – Unjust enrichment

Complex appeal regarding the applicability of contractual and restitutionary relief in a multiparty dispute.

National Asset Loan Management DAC -v- Stapleton [2023] IECA 294

Court of Appeal – Discovery in aid of execution – Proportionality

Appeal regarding appropriate parameters of discovery in aid of execution in respect of proceeds in the sum of circa. € 29 m.

Náisiúnta Leictreach Contraitheoir Eireann v The Labour Court, Minister for Business, Enterprise & Innovation and the Attorney General [2020] 2 I.R.L.M. 183; [2020] 31 E.L.R. 233; [2020] IEHC 303 and 342

High Court – Constitutional challenge / Article 15.2.1 – Judicial Review

Highly significant decision which affected the minimum terms and conditions, including minimum pay and pension rates, for the construction industry, electrical contracting sector and mechanical engineering building services contracting sector. The High Court (Simons J.) declared that Chapter 3 of the Industrial Relations (Amendment) Act 2015 (which governs the promulgation of sectoral employment orders in Ireland) was invalid having regard to the provisions of Article 15.2.1° of the Constitution. Simons J. separately quashed Sectoral Employment Order (Electrical Contracting Sector) 2019 (S.I. No. 251 of 2019) on the grounds that it was made ultra vires the Industrial Relations (Amendment) Act 2015 and in breach of fair procedures.

At an interlocutory stage of the case, the court (Meenan J.) granted injunctive relief staying a legislative obligation that required employers enter their workers into a pension scheme.

Dixon & McLoughlin -v- Limerick City and County Council & Ors 2023/1288 JR

High Court – Judicial Review

Successful challenge to notice raised pursuant to Water Services Act 2007.

Wentworth Properties Ltd & Ors v Havbell DAC 2022/305P

Commercial Court – Specific Performance – Estoppel

Complex specific performance / estoppel action regarding terms of forbearance agreements.

Carolan & Ors -v- Sutcliffe & Ors 2020/367 COS

Commercial Court – Company law – Section 212 CA2014 oppression and disregard of members’ interests – Companies’ valuation

High value and complex oppression / disregard of members’ interests dispute, necessitating extensive expert analysis and argument on corporate shareholding valuation.

Blazejewicz -v- Commissioner of An Garda Síochána 2022/380 JR

High Court – Judicial Review

Successful Norwich Pharmacal application against State respondents in the context of a defamation / data protection claim.

Dully -v- Athlone Town Stadium Limited [2021] IECA 337

Court of Appeal – ‘Moorview order’ – Breach of fair procedures

Appeal of ‘Moorview’ orders made against director / minority shareholder.

Bergin -v- McGuinness [2022] IEHC 151

High Court – Probate – Application to dismiss for want of prosecution.

Second NECI case– Náisiúnta Leictreach Contraitheoir Eireann v The Minister for Enterprise, Trade and Employment 2022/206 JR

High Court – Judicial Review

NECI’s second successful application within a period of two years that resulted in the quashing of an existing Sectoral Employment Order, whereby S.I. 703/2021 Sectoral Employment Order (Electrical Contracting Sector) 2021 was struck down by the High Court.

S.I. 703/2021 had been introduced after its predecessor, S.I. 251/2019 Sectoral Employment Order (Electrical Contracting Sector) 2019, had been previously struck down in earlier proceedings advanced by the NECI on the grounds that it was ultra vires the provisions of the Industrial Relations (Amendment) Act 2015.

David also regularly advises in non-contentious commercial law, company law and procurement law matters.

David recently acted as lead counsel to the Irish co-party in a multinational Joint Venture Agreement created to perform a domestic public procurement contract valued at €50 million.