Mark Alexander Curran BL

Mark is a barrister engaged in general civil litigation. His experience covers a wide range of areas of law including financial services & pensions law, administrative law/judicial review, regulatory law, personal injuries law, employment law and sports law. He appears regularly in the Circuit Court, High Court and Court of Appeal, in the Workplace Relations Commission and before Disciplinary/Regulatory Bodies. Mark also acts as an adjudicator for the Financial Services and Pensions Ombudsman.

Mark has a degree in Business & Law from University College Dublin and a Masters in Commercial & European Law from the University of Cambridge. He is an accredited mediator and has been a member of the New York State Bar since 2014.

Examples of recent work include:

Employment Law

• Avalle v Sysdig Ltd WRC Decision (2024) ADJ 48778 WRC Decision (on behalf of the Employer, successfully defended complaint pursuant to the Unfair Dismissals Act 1977);
• The Teresian School v Smyth (2024) UD/23/40 Labour Court Decision (on behalf of the Employer, successfully defended complaint pursuant to the Unfair Dismissals Act 1977);
• Pierredon v SFDC Ltd (Salesforce) (2024) ADJ 41013 WRC Decision (on behalf of the Employer, successfully defended complaint pursuant to Employment Equality Act 1998);
• Talbot v Twitter International Unlimited Company (2023) ADJ 47334 (on behalf of the Employer, successfully defended complaint pursuant to the Organisation of Working Time Act 1997);
• Gerety v North Leinster Citizens Information Service WRC Decision (2022) ADJ28557 (on behalf of the Employer, successfully defended complaints of bullying/harassment and penalisation)
• Employee v An Employer WRC Decision (2021) ADJ 28485 (on behalf of the Employee; successfully sought redress pursuant to the Organisation of Working Time Act 1997)
• Provide employment law advice for employers, with a particular expertise in Pensions law

Workplace Investigations

Regularly carry out workplace investigations and reviews of workplace investigations.  These arise primarily from complaints/disputes pursuant to Dignity-at-Work Policies and also from protected disclosures made by employees pursuant to the Protected Disclosures Acts.  In this context I have carried out recent investigative work for universities, state departments, regulatory bodies, hospitals, prisons, defence forces, county councils, education and training boards, insurance companies and financial institutions.

Administrative Law/Judicial Review

• Waters v the Commissioner of An Garda Síochána & Ors [2021] IEHC 552 (on behalf of the Respondents in a case challenging the constitutionality of a conviction entered against him);
• Brennan v Chief superintendent of Cork West Division [2023] IEHC 45 (on behalf of the Respondent in a case concerning a challenge to a refusal of an application pursuant to the Firearms Act 1925);
• A v B [2021] IEHC 96, [2021] IEHC 119, [2021] IEHC 352 (on behalf of the Respondents in proceedings which developed the law of public interest/investigative privilege)
• Acted for the Irish Prison Service in respect of judicial review proceedings challenging the constitutionality of the prisoner complaints process;
• Acted for An Garda Síochána in respect of judicial review proceedings challenging the legality of seizure of a vehicle;
• Acted for the Minister for Education and Skills and National Council of Education in judicial review proceedings challenging a refusal to grant assistive technology;
• Acted on behalf of An Garda Síochána in both Circuit Court and High Court matters complaining of assault, battery and false imprisonment against members of the force; and
• Acted and currently acting for the Minster of Expenditure and Reform in respect of Garda Compensation cases.

Regulatory Law

• Acted as legal assessor to the Board of the Property Services Regulatory Authority and has represented the Authority in High Court injunctive proceedings as well as District Court prosecutions;
• Acted as legal assessor to the Pre-Hospital Emergency Care Council Appeal Panel in respect of an appeal of a PHECC decision concerning recognition of professional qualifications obtained outside the state;
• Acted for the Pharmaceutical Society of Ireland before the Professional Conduct Committee in respect of disciplinary proceedings against a registered pharmacist; and
• Acted for the Dept of Agriculture, Food & the Marine in a maritime regulatory matter concerning import & custom requirements pursuant to the European Communities (Veterinary Checks on Products Imported from Third Countries) Regulations, 2000.

Financial Services & Pensions Law

• Acted for Plaintiff in High Court proceedings suing trustees of a pension scheme for breach of trust obligations and duties;
• Currently acting for Plaintiffs in High Court proceedings against several State Bodies concerning failure to award appropriate pension entitlements;
• Acted for UK insurance company in High Court dispute involving multiple insurers & complex coverage issues; and
• Currently acting for several financial brokers in respect of High Court litigation arising from collapse of the Dolphin Trust scheme

Sports Law

Regularly represent and advise amateur & professional athletes & sports bodies appearing before both the Courts & sports disciplinary bodies.  Sits as judicial officer/member of the Disciplinary Panel for the following bodies:

• Football Association of Ireland
• GAA Disputes Resolution Authority
• Leinster Rugby
• Irish Rugby Football Union
• Rugby Europe
• Cycling Ireland

Appointed as the Disciplinary & Complaints Officer for the Irish Athletic Boxing Association.

‘Piercing the Corporate Veil for Shadow and Passive Directors—an Analysis of Powers v Greymountain Management Ltd (in Liquidation) and Others [2022] IEHC 599’ Commercial Law Practitioner 2022, 29(11), 222-226

Researcher, ‘McGrath on Evidence’, 3rd Edition, 2020

 ‘Analysis of Delaney v PIAB, Judicial Council, Ireland & AG [2022] IEHC 85’, CMG Claims Conference, 22 September 2022

“Discovery of Medical Records and CCTV Footage”, CMG Claims Conference, 9 September 2021

“Fraudulent Claims – s26 of the Civil Liability and Courts Act 2004’”, CMG Claims Conference, 4 September 2020

“Approaching Mediation & ADR – Practical Tips”, Legal Services CPD, 7 December 2019

“Guidance on dealing with protected disclosures pursuant to the Protected Disclosures Act 2014”, National Transport Authority, 7 October 2019

Director on the Board of Epilepsy Ireland.

Disciplinary Officer for Paralympics Ireland.

Delivers annual CPD lecture, ‘Update on Personal Injuries Law’ for the CPD Philanthropy Group.

Member of the following legal panels:

• Legal Counsel for the Office of the Ombudsman;
• The Commission for Communications Regulation for the provision of core regulatory, legal and corporate law services;
• An Garda Síochána Civil Legal Panel;
• The Central Bank of Ireland Legal Panel;
• Panel for the Financial Services and Pensions Ombudsman; and
• An Garda Síochána Employment Law Panel.