Deirdre Ní Fhloinn BL

Professional Qualifications

Barrister-at-Law, Bar of Ireland (2017)
Solicitor, Law Society of England and Wales (2007)
Fellow, Chartered Institute of Arbitrators (2009)
Solicitor, Law Society of Ireland (2000)

Education

PhD, Trinity College Dublin (2019):
“Consumer remedies for defective housing: devising a model for effective redress”
Supported by TCD Law School Studentship and Irish Research Council Scholarship

MSc Construction Law and Dispute Resolution, King’s College London (2006) (with merit)

LL.M European Community Law, University College, Dublin (1997) (with distinction)

Postgraduate Diploma in Construction Law and Contract Administration, Trinity College
Dublin (2005) (with distinction).

Law Society of Ireland Diplomas in Civil Litigation (2011), Commercial Law (2001), Legal
French (1999)

Bachelor of Laws (LL.B.), Trinity College Dublin (1996)

Junior Counsel in a number of professional negligence proceedings in the non-jury case managed list of the High Court, acting for Insured architects and engineers.

Junior Counsel in a number of ongoing High Court disputes involving residential and commercial construction defects, both on the Plaintiff and Defendant side, including a number of matters in the Commercial list of the Irish High Court.

Minister for Education and Skills v Western Building Systems (judgment awaited)

Acted on behalf of defendant building contractor in proceedings involving construction of a school

Zurich PLC v AM Alpha & Ors (ongoing)

Acting on behalf of a defendant in multi-party dispute involving mechanical
and electrical defects in a large commercial development.

Gilligan & Ors v Sitreas Construction Management Ltd. & Ors (ongoing)

Acting on behalf of a defendant in multi-party dispute involving a large apartment development.

K & J Townmore v Keogh [2023] IEHC 509
Acted on behalf of applicant for judicial review of decision of adjudicator appointed pursuant to the Construction Contracts Act 2013.

Dooley v Patterson Bannon Architects Ltd & Ors (Approved) [2021] IEHC 857 

Acted on behalf of defendant in application on behalf of the defendant firm of quantity surveyors to dismiss the proceedings.

Gravity Construction v Total Highway Maintenance [2021] IEHC 19

Acted on behalf of successful party in first decision in which the High Court granted leave to enforce the decision of an adjudicator pursuant to the Construction Contracts Act 2013.

Del Tillyer & Ors v Kitara and Ors (unreported, High Court (Meenan J.), 24/10/2019)

Acted on behalf of solicitors who were permitted to come off record with minimal adverse costs.

Books 

Ní Fhloinn, D. (2021), ‘Housing and Regulation’ in Sirr, L. (Ed.), Housing in Ireland: Beyond the Markets, Dublin: Institute of Public Administration.

Britton, P. and Bell, M. (authors) and Ní Fhloinn, D. and Vernau, K. (contributors), (2021) Residential Construction Law, London: Hart Publishing.

Ní Fhloinn, D. (2004) ‘Broadcasting and Media Regulation’, in Mooney, A.M. (Ed.) Regulatory Law Professional Practice Guide. London: Cavendish Publishing.

Ní Fhloinn, D. (2004), ‘Consumer Protection Regulation’, in Mooney, A.M. (Ed.) Regulatory Law Professional Practice Guide. London: Cavendish Publishing

Ní Fhloinn, D. (2004), ‘The European Environmental Agency’, in Mooney, A.M. (Ed.) Environmental Law Professional Practice Guide. London: Cavendish Publishing.

Articles

Ní Fhloinn, D. (2024) ‘Ireland creates a new Building Regulator: will it be enough to change our building culture?’, Type (2024)

Bell, M., Barbaro J., Bates, J., and Ní Fhloinn, D. , ‘Construction Regulatory Reform: Where to from here?’, International Construction Law Review (2022).

Ní Fhloinn, D., ‘Contributory negligence and identification: section 35 of the Civil Liability Act 1961 awakens‘, Tort Law and Litigation Review (2019)

Ní Fhloinn, D., ‘Regulation of housing quality in Ireland: anomalies in enforcement’, Administration (Institute of Public Administration) (2018)

Ní Fhloinn, D. (2017) ‘Liability in negligence for building defects in Ireland, England and Australia: where statute speaks, must common law be silent?’ 9 International Journal of Law in the Built Environment 3, 178.

Ní Fhloinn, D. (2017) ‘Performance securities in construction projects’ Commercial Law Practitioner 24 (4), 86-92.

Ní Fhloinn, D. and Cooney, M. (2017) ‘Brexit: Consequences for Construction Regulation, Part 2: European Standards and Public Procurement’ Construction, Energy and Engineering Law Journal (2), 3-10.

Ní Fhloinn, D. and Cooney, M. (2017) ‘Brexit: Consequences for Construction Regulation: Part 1: ‘ Construction, Energy and Engineering Law Journal, (1) 24-32.

Ní Fhloinn, D. (2016) ‘Should the State intervene to repair Defective Housing?’ Trinity Postgraduate Review XV, 192 – 208.

Ní Fhloinn, D. (2015) ‘The tort of trespass: Air, Buildings and Recent Case law on trespass and receivers’, Conveyancing and Property Law Journal 2015, 2, 30-42

Ní Fhloinn, D. (2014) ‘Breach and termination of contracts – recent guidance from the courts’, Commercial Law Practitioner 8, 183-190

Ní Fhloinn, D. (2002) ‘Broadcasting Rights and the Television Without Frontiers Directive: Who owns the game of football?’ Law Society Gazette, November 2002

Invited Seminar/conference papers 

‘Consumer Protection and residential construction – the view from Ireland’

Melbourne Law School MSc in Construction Law (September 2017)

‘Construction law, developers and consumer rights: Ireland’

King’s College London Centre for Construction Law 30^th anniversary conference (June 2017)

‘Building defects: relevant legal relationships and principles’

‘Recent developments in construction law

‘Introduction to dispute resolution in construction’ (2016 & 2017)

UCD School of Architecture Continuing Professional Development seminars and Professional Diploma (Architecture) 2015-2016

‘Consumers’ rights of action for construction defects: the search for justice’

Construction, consumer and the law conference: Centre for Construction law, King’s College London (2016)

‘Compliance with Building Regulations and Liability’

Construction Bar Association Annual Conference (2016)

‘Coherence in the assessment of damages for trespass and breaches of restrictive covenants’

Colloquium on Coherence in Private Law, Trinity College Dublin Law School (2015)

‘Building Control (Amendment) Regulations 2014: has the dust settled?

TCD PG Diploma in Construction Law Alumni Conference (2015)

‘Negotiation of Supply and Distribution Agreements

‘Recent caselaw on formation of contracts

Dublin Solicitors’ Bar Association Continuing Professional Development (2014)

‘Conducting an adjudication under the Construction Contracts Act 2013

National Association of Women in Construction Seminar (2014)

‘Building Control (Amendment) Regulations 2014:  Legal Framework for Building Control’

Local Government Management Association Building Control Workshop (2014)

‘Building Control (Amendment) Regulations: Compliance and the Consumer Perspective

‘Pyrite Resolution Board and Assessments – Legal Issues for Assessors and Homeowners

‘Building Control (Amendment) Regulations 2013: Legal Implications

Engineers Ireland Continuing Professional Development (2013 & 2014)

Conference/seminar papers delivered

‘International perspectives on regulation in residential construction’ (with Matthew Bell, Philip Britton, and Kim Vernau)

Construction Bar Association (June 2022)

‘Avoiding and rectifying residential defects – legislative reforms in Ireland’  Society of Construction Law, 2020

‘Homelessness and the law and politics of trespass: a comparative view’

European Housing Research Network Symposium, Malmo, March 2017

‘Unjust enrichment and rectification of building defects’

Irish Association of Law Teachers Conference, Waterford, 20 November 2016

‘Value Transfers by State intervention in Building Failures: Implications for Contractual Rights and Obligations’

Royal Institute of Chartered Surveyors COBRA Real Estate and Construction Conference, Toronto, 20 September 2016

‘Residential Construction in the EU: is a common system of regulation and remedies possible?’ (Poster presentation)

International Graduate Legal Research Conference 2016, King’s College London, 4-5 April 2016

‘What role does the State have in protecting private law housing rights?’ European Housing Research Network Annual Conference, Lisbon, 30 June 2015

Committee member, Construction Bar Association of Ireland, 2019-2022

Committee member, Comhshaol the Climate Bar Association, 2022-2023