Gavin Rothwell BL

Child Law

Gavin has extensive experience in relation to applications pursuant to the Child Care Act 1991. He is regularly instructed by the Child & Family Agency, guardians ad litem, and respondent parents in applications seeking:

• Section 13 – Emergency Care Orders
• Section 17 – Interim Care Orders (initial and extension)
• Section 18 – Care Orders
• Section 19 – Supervision Orders
• Section 37 – Access

Gavin has been counsel in a number of irregular and complex Child Care matters including:

• Appeals of Section 18 Care Orders to the Circuit Court
• Inquiries as to jurisdiction
• Transfer of jurisdiction applications pursuant to Article 8 of the Hague Convention (Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children)

Immigration & Asylum

• Gavin has substantial experience in representing International Protection applicants before the IPAT, including the drafting of submissions and advocacy at hearing.
• Over recent years Gavin has produced preliminary draft Judicial Review pleadings, relating to the leave application and/or the substantive hearing in proceedings concerning issues such as:
  • seeking an order of mandamus directing the respondent Minister to make a decision on an application for registration on the Foreign Births Register under the Irish Nationality and Citizenship Act 1956;
  • seeking an order of certiorari following the Minister’s revocation of the applicant’s permission to remain in Ireland, in circumstances where the Minister acted ultra vires and contrary to EU law;
  • seeking an order of certiorari quashing the decision of the IPAT to refuse to grant international protection to the applicant in circumstances where the IPAT failed to consider all relevant materials provided by the applicant;
  • seeking declaratory relief that the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) were contrary to EU law and Directive 2006/126/EC and/or repugnant to the Constitution and were unlawful;
  • seeking an order of certiorari quashing the decision of the respondent Minister affirming a purported decision to revoke the Applicant’s permission to reside in the State pursuant to Regulation 27 of the 2015 Regulations and Article 35 of Directive 2004/38/EC.

Human Rights and Equality Law

• Gavin’s experience in human rights and equality litigation and advocacy has included:
  • being instructed by an NGO to represent an applicant in proceedings pursuant to section 19 of the Intoxicating Liquor Act 2003, for discrimination against the applicant in contravention of the Equal Status Act 2000;
  • providing an opinion to an NGO on the right to housing and the right to shelter within the Irish constitutional order.

Torts and Personal Injuries Law

• Gavin has provided preliminary drafts of personal injuries proceedings in a wide variety of matters, including proceedings for breaches of:
  • negligence and breach of duty;
  • trespass to the person;
  • the intentional or reckless infliction of emotional suffering;
  • the constitutional right to privacy;
  • the constitutional right to the inviolability of the dwelling.

• In addition to the above, Gavin is experienced in both running and opposing motions at interlocutory stage in Circuit Court and High Court proceedings.

Criminal Law

• Gavin maintains a criminal defence practice in Dublin and on circuit. His criminal law practice incorporates both procedural applications in the District Court, and appellate advocacy including trials in the Circuit Court and High Court bail applications.

Legal Research and Opinions

• • The following matters have been the subject of legal research and draft opinions which Gavin has recently provided:
    • Prisoner Rights;
    • The failure of the Oireachtas to legislate and the implications of the decision in Damache v Minister for Justice and Equality [2021] IESC 6;
    • Assessing whether grounds exist for the commencement of Judicial Review proceedings;
    • Applications to stay civil law proceedings pending the outcome of related criminal proceedings;
    • The issuing of notices of intention to proceed;
    • The Non-Fatal Offences Against the Person (Amendment) (Stalking) Bill 2021.