Claire Hogan BL

Claire has a mixed civil law practice.

She regularly conducts litigation and provides advice in the area of data protection law.

She is on the Central Bank of Ireland’s legal panel and is currently a member of the legal practitioner team for the Regulatory Decisions Unit in two ongoing Inquiries being conducted as part of Administrative Sanctions Procedures.

Claire is also on the panel of the Office of the Ombudsman, and conducts litigation for the Information Commissioner and the Commissioner for Environmental Information.

She also conducts commercial and personal injuries litigation.

Selected Recent Cases Include:

Data Protection, Freedom of Information/Environmental Information

• RTÉ v Commissioner for Environmental Information [2024] IEHC 729: acted for the Commissioner in the appeal against the Commissioner’s decision that RTÉ is a public authority under the AIE Regulations, reference to the CJEU pending
• O’Brien v Meta Platforms Ireland Limited: acting for Meta in this case concerning fake advertisements
• McGreal v The Information Commissioner [2024] IECA 208: acted in the High Court and Court of Appeal for the Commissioner in appeal of Commissioner decision concerning refusal of access to records under section 15(1)(a) of the FOI Act
• Karen Thomas-Bland and Seven Transformation Limited v Microsoft Ireland Operations Limited: acted for Microsoft Ireland in Norwich Pharmacal application
• Health Service Executive v The Information Commissioner and RTÉ (notice party) [2024] IEHC 456: acted for RTÉ in appeal of Commissioner decision concerning access to registers recording statements of interest under the Ethics in Public Office Act 1995
• Tumblr Inc v Coimisiún na Meán [2024] IEHC 366: acted for Tumblr in case concerning the Commission’s decision to designate Tumblr as a “video-sharing platform” to be regulated under new online safety code
• Courts Service of Ireland v The Information Commissioner [2024] IEHC 366: acted for the Courts Service in case concerning the rights of a notice party requester of records
• The Garda Síochána Ombudsman Commission v Board of Management of Wilson’s Hospital School, Enoch Burke and the Courts Service (notice parties) [2024] IECA 86: acted for the Courts Service in application for ambient Digital Audio Recording of Court proceedings
• McShane v Data Protection Commission and HSE (notice party) [2023] IEHC 567: acted for the HSE in challenge to DPC investigation of complaint
• Kaminski v Ballymaguire Foods Ltd [2023] IECC 5: acted for the Plaintiff and obtained first decision from an Irish court awarding compensation for non-material damage arising from breaches of data protection law
• HSE Cyber-attack litigation: acting for the HSE in this litigation, obtained a stay of one Plaintiff action, decision of Judge O’Connor in O’Driscoll v HSE, 15 May 2023
• Commissioner for Environmental Information v Coillte Teoranta and People Over Wind [2023] IEHC 227: acted for the Commissioner, who referred a question of law to the High Court concerning the interplay between the AIE Regulations and the Freedom of Information Act 2014.
• Bord na Móna plc v Commissioner for Environmental Information [2023] IEHC 57:  acted for the Commissioner in this appeal by Bord na Móna plc from a decision that Bord na Móna Biomass Ltd held information for Bord na Móna
• M50 Skip Hire & Recycling Ltd v Commissioner for Environmental Information [2020] IEHC 430: acted for the Commissioner for Environmental Information in this appeal by a waste company from a decision that Fingal County Council should disclose its waste destination data
• Electricity Supply Board v Commissioner for Environmental Information [2020] IEHC 190: acted for the Commissioner for Environmental Information in this appeal by ESB from decision concerning a transcript of a property compensation hearing
• The Minister for Employment Affairs and Social Protection v the Data Protection Commission (2021, compromised): acted for the Minister in the appeal from the Data Protection Commission’s Investigation Report and Enforcement Notice concerning the Public Services Card (PSC).  Currently acting for the State in two related GDPR Inquiries (concerning PSC biometric processing, MyGovID and the Single Customer View). Also acting in associated PSC compensation claims

Commercial, Personal Injuries Litigation

• Petersen and Others v the Argentine Republic: acting for the Argentine Republic in this application for recognition and enforcement of a €15.4bn judgment against the Republic obtained from a New York court
• Vodafone Ireland Limited v Farrell and others [2024] IEHC 280: acted for Vodafone in the High Court and Court of Appeal in pension law case concerning the interpretation of a pension deed
• Masterson and others v CIÉ [2024] IEHC 222: acted for CIÉ  in pension law dispute concerning the interpretation of a pension deed
• Tathony Holdings Limited v Amhola James Street Limited [2022, compromised]: acted for the Plaintiff in case concerning the effect on the Plaintiff’s right to light of plans to develop a €25 million hotel in Dublin’s James Street
• McC v McC [2021] IEHC 104: acted for the Defendant (AXA) in application concerning the discovery of extensive pre and post-accident medical records
• An Investment Manager v A Property Development Company, ADJ-00005561, 20 February 2019: acted for the Complainant in WRC case concerning unfair dismissal, and in related High Court proceedings (compromised in 2023)

European, Environmental and Equality

• Save the South Leinster Way v An Bord Pleanála and others [2024] IESC 55: acted for the State respondents in Supreme Court case concerning time limits in an application for judicial review of a planning decision
• Leech and McDonald v An Bord Pleanála and others [2024] IEHC 599: acted for the State respondents in a challenge to a grant of planning permission in respect of a development at the Heuston South Quarter, Kilmainham, Dublin 8.
• Graymount House Action Group v An Bord Pleanála and others [2024] IEHC 327: acted for the State respondents in a challenge to a grant of planning permission in respect of a development at Dungriffin Road, Howth, County Dublin
• McDonnell v The Minister for Social Protection, ADJ-00043866, 8 November 2023: acted for the Minister in this WRC case  – a claim of discrimination on grounds of disability and family status arising from a claim for an exceptional needs payment
• C-826/18 LB, 14 January 2021, Stichting Varkens (the “Distressed Pigs” case): acted for the State in Article 267 TFEU reference case concerning the interpretation of Articles 9(2)&9(3) of the Aarhus Convention (access to justice and standing rights in environmental litigation)
• Southwood Park Residents Association v an Bord Pleanála and others [2019] IEHC 504: acted for the State respondents in case concerning the validity of permission for strategic housing development
• Fitzpatrick v An Bord Pleanála [2019] 3 IR 617: acted for the amici curiae: the State respondents in Supreme Court case concerning EIAs in the context of a proposed Apple data centre in Galway
• Friends of the Irish Environment CLG v The Legal Aid Board [2020] IEHC 454 and [2023] IECA 19: acted for the Attorney General in the High Court & Court of Appeal in case concerning whether environmental NGOs can qualify for legal aid
• Eager v The Minister for Employment Affairs and Social Protection, ADJ-00028241, 14 June 2021: acted for the Minister in a claim of age discrimination concerning the Pandemic Unemployment Payment

Memberships

Co-founder and former Chair (2023-2024) of the Media Internet and Data Protection Specialist Bar Association (MIDBA)

Member (Adjudicator) of Valuation Tribunal (2015-present)

Member of the Council of Bars and Law Societies of Europe (2015-present)

Former Member of the Bar Council of Ireland (2015-2019)

Called to the Bar of Northern Ireland (2018)

Academic Work

Claire holds a Ph.D. in Constitutional Law from Trinity College Dublin.

She is the co-director of, and lecturer on, the Advanced Diploma in Law and Education in the Honorable Society of King’s Inns.

She has previously lectured in Constitutional Law in the Law Society, and Administrative Law in the Institute of Public Administration.