Patrick Martin McCann SC

A Senior Counsel at the Irish Bar.  An experienced advocate, mediator and adjudicator.

Between 1987 and 2025 (38 years) practice as a Barrister specialising in Civil and Commercial Law and Public Law.

Since May 2023 I have acted as legal assessor for the Legal Practitioners Disciplinary Tribunal.

Since December 2012 I have acted as legal assessor for the Fitness to Practice Committee of the Nursing & Midwifery Board.

Between 2007 and 30th April 2014, I presided over approximately 200 Mental Health Tribunals as a Chairman of the Mental Health Tribunal.

1. I was retained by the Minister for Finance in Dowling v The Minister for Finance 2011/239MCA and related proceedings 2015/87 and 2015/2009, 292/2013. The case concerned the reasonableness of the Minister’s decision to recapitalise Irish Life and Permanent Group Holdings Plc.

2. Senior Counsel (2014) to the Oireachtas Banking Inquiry pursuant to Houses of the Oireachtas (Inquiry, Privileges and Procedures) Act 2013.

3. O’Donoghue v The Minister for Finance, 2017/97, 2017/242 and 2017/2583P The case concerned the Minister for Finance opposing an Injunction Application to restrain the Initial Public Offering (“IPO”) of Allied Irish Banks Plc.

4. In Mulhair and O’Shea v West Wood Club Limited, 2013/2143 and 2015/7911, I appeared in the District Court, the Circuit Court and the High Court on behalf of Dublin City Council in respect of Rates and EU State Aids Law.

5. In Younis v Hussain, [2015] IESC58, I appeared in the High Court and in the Supreme Court in Judicial Review proceedings contesting determinations of the Labour Court where the enforceability of contracts with undocumented national was in issue.

6. In the Charleton Tribunal (Garda Disclosures), I acted as Senior Counsel for the former Minister for Justice, the Department of Justice, and a number of its officials. In the Cregan Commission (Siteserv sale by IBRC), I acted as Senior Counsel for the Department of Finance. In the White Commission, I am joint Senior Counsel. The Commission concerns alleged failings by public agencies in respect of investigation of criminal offences by a personal convicted of sexual offences against children.

7. In the O’Doherty & Waters v The Minister for Health, 2020/147 and 2020/271 JR, I represented Ireland (challenge to “lockdown” measures) and Minister.

8. In Friends of the Irish Environment CLG -V- Minister for Communications, Climate Action and Environment, Ireland and the Attorney General (regarding Shannon LNG terminal) I acted as Senior Counsel for the Minister of the Environment.

9. In Bright v The Minister for Defence, Ireland and the Attorney General 2018/8484P, I acted for Senior Counsel for the Minister of Defence. The case involved Constitutional and ECHR Rights and the extent of protest rights of members of the Defence Forces.

Publications and Communications (since 2010).

December 2012 – Paper to Bar Council Continuing Legal Education Course on professional discipline.

2012 – La Touch Conference on professional regulation. Paper on sanctions.

April 2013 – Lecture and paper for Bar Council continuing legal education programme on professional regulation.

22 November 2016 – Ashville Media Production. Joint paper on the role of legal assessor to professional regulatory tribunals and the issue of a public or a “private” hearing.

June 2017 – Paper delivered to Professional Regulatory and Disciplinary Bar Association of Ireland at conference on Regulation of Teachers.

I have written and published, as Chairman of the Barristers Professional Conduct Tribunal, annual reports for each of the years 2011 to 2019 and various papers, including on privacy and confidentiality.

17 October 2024 – CMG – Market Leaders in Training & Professional Education Conference. Paper on suspension of professional persons.