David O’Brien BL

David has extensive experience in advising upon, and litigating, complex and high value commercial disputes. He regularly appears in matters relating to company law, corporate insolvency and restructuring, procurement law, construction law, administrative law, judicial review and employment law.

David also has wide ranging experience in alternative dispute resolution, including arbitration, conciliation and mediation.

David is called to the Bar of Northern Ireland.

Tenderbids Ltd -v- Electrical Waste Management Ltd [2025] IEHC 139

High Court – Construction law – Adjudication Enforcement

Acted as sole counsel for respondent in groundbreaking case involving the first successful defence having been raised in respect of an application to enforce an Adjudicator’s determination made pursuant to the Construction Contracts Act 2013.

Killaree Lighting Services Ltd -v- Mayo County Council [2024] IEHC 79; [2025] IECA 7

High Court and Court of Appeal – Public Procurement – Judicial Review

Public procurement judicial review challenge pursuant to the Remedies Regulations in respect of a public lighting services tender worth approx. € 6 m. Highly significant case, and the first of its kind in Ireland, dealing with statutory interpretation of mandatory obligations imposed by EU law in the context of abnormally low tendering.

The Court of Appeal determined that the respondent’s breach of the Remedies Regulations, in awarding a public tender contract prior to the expiration of the mandatory standstill period, deprived the applicant of the opportunity or possibility of obtaining pre-contractual remedies.

White Mountain Quarries Limited t/a Breedon -v- Mayo County Council [2024] IEHC 259

Commercial Court – Procurement – Judicial Review

Acted as sole counsel for successful tenderer, BAM Civil Ltd / KLS JV, in challenge to €23.5 million public lighting contract.

Finnegan Contracts Limited -v- Killycard Developments Limited [2024] IEHC 752

High Court – Construction law – Adjudication Enforcement

Judgment dealing with the enforceability of an award for interest in a statutory adjudication under the Construction Contracts Act 2013.

Náisiúnta Leictreach Contraitheoir Eireann v The Labour Court & Ors [2022] 3 IR 515; [2021] 2 I.L.R.M. 1; [2022] 33 E.L.R. 1; [2021] IESC 36

Supreme Court – Constitutional challenge / Article 15.2.1 – Judicial Review

State appeal of the High Court’s declaration that the provision which allowed for the making of Sectoral Employment Orders under Chapter 3 of the Industrial Relations (Amendment) Act 2015 was invalid having regard to the provisions of Article 15.2.1° of the Constitution.  The judgment was described in the Irish Supreme Court Review (2022, Vol. 4) as representing “the most important treatment of Article 15 since Cityview”.

The case further included the State’s appeal of the order of the High Court quashing Sectoral Employment Order (Electrical Contracting Sector) 2019 (S.I. No. 251 of 2019) which governed the minimum terms and conditions of employment for electricians in Ireland.

Bank of Ireland Mortgage Bank -v- Brian Murray & Attracta Murray [2019] IEHC 234; [2024] IECA 11

High Court and Court of Appeal – Unjust enrichment

Complex appeal regarding the applicability of contractual and restitutionary relief in a multiparty dispute.

T.M.S. Environment Limited -v- Mayo County Council H.JR. 2024/444

High Court – Procurement – Judicial Review

Acted for applicant in successfully obtaining relief in respect of a sub-threshold public procurement tender contract.

SMTW Environmental Designated Activity Company -v- Minister for Children, Equality, Disability, Integration and Youth H.JR. 2024/1226

High Court – Planning and Environment – Judicial Review

Acted for the applicant which successfully challenged, as being invalid, Statutory Instrument No. 399 / 2024 – Planning and Development Act 2000 (Section 181(2)(a))(No.2) Order 2024. The S.I., pursuant to Section 181(2)(a) of the Planning and Development Act 2000, sought to dispense with the ordinary requirements for planning permission in respect of development of an accommodation centre in Thornton Hall, Kilcoscan, Fingal, Co. Dublin that was designed to accommodate 1,000 male international protection applicants.

Hogan -v- Minister for Children, Equality, Disability, Integration and Youth H.JR. 2024/1465

High Court – Planning and Environment – Judicial Review

Acted for the applicant which successfully challenged, as being invalid, Statutory Instrument No. 507/2024 – Planning and Development Act 2000 (Section 181(2)(a)) (No.4) Order 2024. Pursuant to Section 181(2)(a) of the Planning and Development Act 2000, the impugned S.I. sought to dispense with the ordinary requirements for planning permission in respect of development of an accommodation centre in Lissywollen, Athlone, County Westmeath.

Begowski -v- Minister for Social Protection & Ors H.JR. 2024/201

High Court – Judicial Review

Acted for applicant in successful challenge by way of judicial review to a decision under the Social Welfare Consolidation Act, 2005, as amended.

National Asset Loan Management DAC -v- Stapleton [2023] IECA 294

Court of Appeal – Discovery in aid of execution – Proportionality

Appeal regarding appropriate parameters of discovery in aid of execution in respect of proceeds in the sum of circa. € 29 m.

Association of Plumbing and Heating Contractors of Ireland & Anor -v- The Minister for Enterprise, Trade and Employment & Ors 2023/240 JR

High Court – Judicial Review – Industrial Relations

Acted for the applicant (which represents 3,200 plumbing and heating contractors) in obtaining an order quashing S.I. 59/2018 – Sectoral Employment Order (Mechanical Engineering Building Services Contractor Sector) 2018, which governed the minimum terms and conditions of employment for plumbers in Ireland.

Dixon & McLoughlin -v- Limerick City and County Council & Ors 2023/1288 JR

High Court – Judicial Review

Acted for the applicant in a successful challenge to a statutory notice raised pursuant to Water Services Act 2007.

NECI v The Minister for Enterprise, Trade and Employment (No.2) 2022/206 JR

High Court – Judicial Review

Acted for the applicant which challenged, and had quashed, a second Statutory Instrument governing the minimum terms and conditions of employment for electricians in Ireland, within a period of two years. In this case, the applicant successfully challenged as being invalid Statutory Instrument No. 703/2021- Sectoral Employment Order (Electrical Contracting Sector) 2021. In separate proceedings, the NECI had previously challenged, and the Supreme Court had quashed, S.I. 251/2019 Sectoral Employment Order (Electrical Contracting Sector) 2019, being the predecessor to Statutory Instrument No. 703/2021.

Wentworth Properties Ltd & Ors v Havbell DAC 2022/305P

Commercial Court – Specific Performance – Estoppel

Complex specific performance / estoppel action regarding terms of forbearance agreements.

Bergin -v- McGuinness [2022] IEHC 151

High Court – Probate – Application to dismiss for want of prosecution.

Blazejewicz -v- Commissioner of An Garda Síochána 2022/380 JR

High Court – Judicial Review

Successful Norwich Pharmacal application against State respondents in the context of a defamation / data protection claim.

Gravity Construction Ltd v Total Highway Maintenance Ltd [2021] IEHC 19

High Court – Construction Law – Adjudication Enforcement

Acted for the respondent in Ireland’s first application for enforcement by the High Court of a statutory adjudication determination made pursuant to the Construction Contracts Act, 2013.

Dully -v- Athlone Town Stadium Limited [2021] IECA 337

Court of Appeal – ‘Moorview order’ – Breach of fair procedures

Successful appeal of ‘Moorview’ type costs order made against a director / minority shareholder.

NECI v The Labour Court, Minister for Business, Enterprise & Innovation and the Attorney General [2020] 2 I.R.L.M. 183; [2020] 31 E.L.R. 233; [2020] IEHC 303 and 342

High Court – Constitutional challenge / Article 15.2.1 – Judicial Review

Acted for the applicant in a highly significant case which affected the minimum terms and conditions, including minimum pay and pension rates, for the construction industry, electrical contracting sector and mechanical engineering building services contracting sector. The High Court (Simons J.) declared that Chapter 3 of the Industrial Relations (Amendment) Act 2015 (which governs the promulgation of sectoral employment orders in Ireland) was invalid having regard to the provisions of Article 15.2.1° of the Constitution. Simons J. separately quashed Sectoral Employment Order (Electrical Contracting Sector) 2019 (S.I. No. 251 of 2019) on the grounds that it was made ultra vires the Industrial Relations (Amendment) Act 2015 and in breach of fair procedures.  At an interlocutory stage of the case, the court (Meenan J.) granted injunctive relief staying a legislative obligation that required employers enter their workers into a pension scheme.

Carolan & Ors -v- Sutcliffe & Ors 2020/367 COS

Commercial Court – Company law – Section 212 CA2014 oppression and disregard of members’ interests – Companies’ valuation

High value and complex oppression / disregard of members’ interests dispute, necessitating extensive expert analysis and argument on corporate shareholding valuation.

David also regularly advises in non-contentious commercial law, construction law and procurement law matters.

David recently acted as lead counsel to the Irish co-party in a multinational Joint Venture Agreement created to perform a domestic public procurement contract valued at €50 million.