James O’Reilly SC

James O’Reilly’s practice is based soundly in civil and commercial law with the variety and challenges practicing life presents. He has has a wide-ranging practice in public law, judicial review and commercial law especially where cases involve specialist issues of public and administrative law and EU law.  He has extensive experience in trial and appellate advocacy, especially in the Supreme Court, the Court of Justice and General Court.

The recent amendment to the Rules of the Superior Courts in 2011 concerning proceedings instituted by way of application for judicial review together with the establishment of the Court of Appeal in 2014 has resulted in further litigation already in train.

Following undergraduate and graduate studies at University College Dublin (BCL, LLB and Diploma in European Law), a year’s tenure of the research studentship at Christ’s College Cambridge and admission as a solicitor in 1970, he was a graduate fellow at Yale Law School (LLM). He was a lecturer in law in the UCD Law School from 1971 to 1981. He came to the Bar in Trinity Term 1978 and his practice has included civil law, administrative law and constitutional law with both EU and ECHR aspects. He was called to the Bar of England and Wales in 1983 (Lincoln’s Inn) and to the Bar of Northern Ireland in 1989 (Inn of Court of Northern Ireland).

James has appeared in many of the leading cases before the Superior Courts of Ireland, including Cooke v Walsh (1984), Pine Valley Developments Ltd v Minister for the Environment (1987), O’Keeffe v An Bord Pleanala (1993), O’Neill v Ryan and Others (1993), Howard v Commissioners of Public Works in Ireland (1994), Duff v Minister for Agriculture (No 1) (1992) and (No.2) (1997), An Blascaod Mor Teoranta v Commissioners of Public Works in Ireland (2000), Sinnott v Minister for Education (2001), Curtin v Dáil Éireann (2006), Chadwick v Fingal County Council (2008), Donegan v Dublin City Council and Dublin City Council v Gallagher (2012) and Nawaz v Minister for Justice (2012). In Flynn v National Asset Loan Management Ltd and National Asset Management Loan Ltd v Flynn and Others [2014] IEHC 408, NALM’s claim as counterclaiming defendant for judgment in the amount of €21.9 M was rejected, the Court holding that NAMA’s group entity had acted unfairly, unlawfully and in breach of its statutory duty of transparency. Pierse v An Bord Pleanala [2018] IEHC 669 in which the high court ordered the cross examination of the Boards deponent who swore its verifying affidavit. Case C-122/17 Smith v Meade and others on the recovery against the State by FBD Insurance plc of damages based on the failure of the State to have implemented in a timely manner the Third Motor Insurance Directive.

He also appeared before the Privy Council in The Bahamas District of the Methodist Church in the Caribbean and the Americas and others v Symonette and Others (Privy Council Appeal Nos 70/1998 and 6/1999) (Judgment delivered on 26 July 2000).

In Luxembourg, James has had in excess of 30 cases before the Court of Justice of the European Union commencing with Case 190/80 Anglo Irish Meats Ltd v Minister for Agriculture. He has had many cases in Strasbourg, before the European Court of Human Rights.

• Successful claims against the Revised Ex Gratia Scheme on the Implementation of the ECtHR Judgment in O’Keeffe v Ireland

James appeared for the applicants in successful claims by victims of sexual abuse in day schools against the Revised Ex Gratia Scheme on the Implementation of the European Court of Human Rights Judgment in O’Keeffe v Ireland. The ECtHR judgment in O’Keeffe v Ireland was delivered by the Grand Chamber on the 28 January 2014.   The Revised Ex Gratia Scheme was published on the 22 July 2021 by the Minister for Education with a pre-condition to have issued legal proceedings against the State before the 1 July 2021. The following successful claims on the dates below were brought by victims of sexual abuse in day schools who had not issued the required legal proceedings before the 1 July 2021.

• 16 December 2022

P.D. Applicant v The Minister for Education and the Government of Ireland, Ireland and the Attorney General, Respondents and The Irish Human Rights and Equality Commission, Amicus Curiae Record No: The High Court 2021/864 JR.  Claim settled on the 16 December 2022 by the payment to P.D. of the financial benefits of the Revised Ex Gratia Scheme in the amount of €84,000.00 and €4,000.00 together with the costs of the legal proceeding.

• 14 June 2024

K.W. [Identity Protected] Applicant v The Minister for Education and the Government of Ireland, Respondents and The Irish Human Rights and Equality Commission, Amicus Curiae Record No: The High Court 2023/1425 JR.   K.W. was selected by the High Court as the lead case for 10 cases that challenged the gateway provision of the Revised Ex Gratia Scheme to have issued legal proceedings against the State prior to the 1 July 2021.  K.W.’s claim was settled on the 14 June 2024 by the payment to K.W. the financial benefits of the Revised Scheme in the amount of €84,000.00 and €4,000.00 together with the costs of the legal proceeding.

• 14 June 2024

On the 14 June 2024 the following 9 cases which had been adjourned by the High Court to await the decision in K.W. were settled on the same terms.

J.S. [Identity Protected] Applicant v  The Minister for Education & Ors Respondents  Record Number: The High Court  2024/100 JR

M.D. [Identity Protected]  Applicant v. The Minister for Education &  Ors Respondents     Record Number: The High Court  2024/101 JR

O’B [Identity Protected] Applicant v The Minister for Education & Ors Respondents    Record Number: The High Court  2024/102 JR

M.G. [Identity Protected] Applicant v. The Minister for Education & Ors Respondents      Record Number:  The High Court 2024/92 JR  [O’Neill & Co]

M. O’N [Identity Protected] Applicant v. The Minister for Education & Ors     Record Number The High Court H JR 2024/105

L.M. [Identity Protected] v The Minister for Education & Ors Respondents        Record Number: The High Court  2024/25 JR

P.B. [Identity Protected]  Applicant  v The Minister for Education & Ors Respondents   Record Number: The High Court 2024/15 JR

 R.G. [Identity Protected]  v The Minister for Education & Ors 

Record Number:  The High Court H. JR. 2023/1417

M.F. [Identity Protected]  v The Minister for Education & Ors Respondents       Record Number: The High Court  H.  2023/1079 JR

The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 (No 1 (Private) of 2000)

2000

James also drafted what became The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 (No 1 (Private) of 2000) and appeared for the promoter before the Joint Committee on the Private Bill in the Houses of the Oireachtas.

Festschrift – Essays in Honour of Brian Walsh: Human Rights and Constitutional Law

Round Hall Press · 1992

He also edited in 1992 the festschrift – Essays in Honour of Brian Walsh: Human Rights and Constitutional Law (Round Hall Press)- and has contributed articles to various law journals and publications including The Irish Jurist.

Guide to Changes in the Rules of the Superior Courts 1986 as a consequence of the coming into operation of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998

Stationary Office · 1998

At the request of the Superior Courts Rules Committee, James prepared (with Gerard Hogan) the Guide to Changes in the Rules of the Superior Courts 1986 as a consequence of the coming into operation of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1998.