Asim A. Sheikh BL

Asim works and practices in the area of clinical negligence and medical/healthcare law. He is also a CEDR Accredited Mediator.

He acts for and advises a wide range of healthcare clients and organisations in contentious and non-contentious work: regularly representing them before the courts, occasionally at an international level, at inquests, at the Medical Council and other healthcare/regulatory bodies and tribunals, and in internal inquiries.

He is an occasional lecturer at the Law Society of Ireland, the Honorable Society of King’s Inns and at the Royal College of Surgeons of Ireland (RCSI).

He:

• is Assistant Professor in Legal Medicine at the UCD School of Medicine
• is a member of the National Advisory Council on Bioethics
• was the Editor of the Medico-Legal Journal of Ireland (MLJI, 2002-2022)
• was a member and Vice-Chair of the Irish Council of Bioethics
• has been a member of National and other Committees related to healthcare and medical law:

• • the Bar Council’s Working Group on the Discount Rate in Personal Injury Cases (2020)
  • the HIQA Advisory Group on Guidance on a Human Rights-based Approach in Health and Social Care Services (2019)
  • the HIQA Advisory Group on the Autonomy Guidance Project (2016)

• In 2018 Asim was commissioned by a healthcare indemnity provider to provide a submission to Judge Meenan’s Expert Group reviewing the law of torts and the current systems for the management of clinical negligence claims: the Government Expert Group to review the law of torts and the current systems for the management of clinical negligence claims (August 2018)

Some Reported Decisions

ECHR

• W.M. v. Ireland (Application no. 61872/17, Fifth Section, 10 December 2020) (Appearing for the State Party)
• K.O’S. v. Ireland (Application no. 61836/17, Fifth Section, 10 December 2020) (Appearing for the State Party)
• L.F. v. Ireland (Application no. 62007/17, Fifth Section, 10 December 2020) (Appearing for the State Party)
• Lopes de Sousa Fernandes v. Portugal [Application no. 56080/13, GC, ECHR, 19 December 2017] (appearing for the State Third-party Intervener: https://hudoc.echr.coe.int/fre#%7B%22itemid%22:%5B%22001-179556%22%5D%7D)

UNHRC

• Whelan v Ireland (CCPR/C/119/D/2425/2014) (FilesHandler.ashx) (Appearing for the State Party)
• Mellet v Ireland (CCPR/C/116/D/2324/2013) (FilesHandler.ashx)(Appearing for the State Party)

Domestic

• Y v. HSE [2016] 1 I.R. 300 (appearing for the fifth, sixth and seventh-named defendants)
• Ring v. Mulcahy and Ors [2015] IECA 148 (appearing for a Defendant party)
• M.R. and D.R. (minors) v. An tArd Chláraitheoir and Ors 3 IR [2014] 533 (SC) (appearing for the Respondents)
• Nelson v. McQuillan and Ors [2013] IEHC 152 (appearing for a Defendant party)

Asim regularly serves on healthcare related bodies and has been a member of National and other Committees related to healthcare and medical law, contributing to medico-legal policy and practice e.g. he is s a Member of the National Advisory Council on Bioethics (Dept. of Health, 2012 -).

Selected Past Memberships

• the Bar Council’s Working Group on the Discount Rate in Personal Injury Cases (2020)
• the HIQA Advisory Group on Guidance on a Human Rights-based Approach in Health and Social Care Services (2019)
• see further: https://www.hiqa.ie/sites/default/files/2019-11/RBC-Statement-of-Outcomes.pdf
• the HIQA Advisory Group on the Autonomy Guidance Project (2016)
• the Irish Council of Bioethics (member and Vice-Chair, 2002-2010)