Claire Hogan BL

  • Junior Counsel: 2009
Qualifications:

LL.B. (ling. franc.) (Dub.), LL.M. (Cantab.), Ph.D. (Dub.)

Areas of Practice:
  • Administrative Law
  • Commercial/Chancery
  • General Practice
  • Judicial Review
Specialisation:
  • Constitutional Law
  • Data Protection Law
  • European Law
Claire Hogan BL
Memberships:
Bar of Northern Ireland
Other Languages:
French (Fluent)
Irish (fluent)
Direct Professional Access:
Provided

Claire has a mixed civil and public law practice. She has a particular focus on regulatory law.

She regularly provides advice on data protection law issues to public and private bodies, and conducts litigation in this area.  She has settled, and is currently acting in, several GDPR compensation cases.

She is on the Central Bank of Ireland’s legal panel and is carrying out Inquiry work in this capacity.

Claire is also on the panel of the Office of the Ombudsman, and conducts litigation for the Information Commissioner and the Commissioner for Environmental Information.

Claire has acted for the State in several domestic environmental law cases, including several cases relating to the Aarhus Convention.

She also conducts commercial, personal injuries, and employment litigation.

Selected Cases Include:

Data Protection, Freedom of Information/Environmental Information

  • The Minister for Employment Affairs and Social Protection v the Data Protection Commission: acted for the Minister in the appeal from the Data Protection Commission’s Investigation Report and Enforcement Notice concerning the Public Services Card (PSC).  Currently acting for the State in two related GDPR Inquiries (concerning PSC biometric processing, MyGovID and the Single Customer View). Also acting in associated PSC compensation claims.
  • Commissioner for Environmental Information v Coillte Teoranta and People Over Wind: currently acting for the Commissioner, who has referred a question of law arising in an appeal to the High Court for determination, under article 12(9)(a) of the AIE Regulations. The Commissioner seeks the assistance of the High Court on the interpretation of articles 8(a)(iv) and 9(1)(c) of the AIE Regulations, to the extent that they involve an interplay with the Freedom of Information Act 2014. Scheduled for hearing February 2023.
  • M50 Skip Hire & Recycling Ltd v Commissioner for Environmental Information [2020] IEHC 430 (decision 2 September 2020): acted for the Commissioner for Environmental Information in this appeal by a waste company from a decision that Fingal County Council should disclose its waste destination data
  • Electricity Supply Board v Commissioner for Environmental Information [2020] IEHC 190 (decision 3 April 2020): acted for the Commissioner for Environmental Information in this appeal by ESB from decision concerning a transcript of a property compensation hearing

European, Environmental and Equality

  • C-826/18 LB, 14 January 2021, Stichting Varkens (the “Distressed Pigs” case): acted for the State in this Article 267 TFEU Reference case which had an oral hearing in the CJEU, and which concerned the interpretation of Articles 9(2)&9(3) of the Aarhus Convention (concerning access to justice and specifically standing rights in environmental litigation.
  • Southwood Park Residents Association v an Bord Pleanála [2019] IEHC 504: acted for the Minister for Culture, Heritage and the Gaeltacht and the Attorney General in this High Court case concerning the validity of permission for strategic housing development.
  • Fitzpatrick v An Bord Pleanála [2019] 3 IR 617: acted for the amici curiae: the Minister for Housing, Planning and Local Government, Ireland and the Attorney General in this Supreme Court case concerning EIAs in the context of a proposed Apple data centre in Galway.
  • Friends of the Irish Environment CLG v The Legal Aid Board [2020] IEHC 454, acting for the Attorney General in this case which concerns whether environmental NGOs can qualify for legal aid. High Court decision released 15 September 2020, and Court of Appeal hearing October 2021.
  • Eager v The Minister for Employment Affairs and Social Protection, ADJ-00028241, 14 June 2021: acted for the Minister in this case  – a claim of age discrimination concerning the Pandemic Unemployment Payment.

Commercial, Personal Injuries and Employment Law

  • Masterson and others v CIÉ [2022]: acting for CIÉ  in this Commercial Court pensions law dispute, heard in May 2022.
  • Tathony Holdings Limited v Amhola James Street Limited [2022]: acted for the Plaintiff in this Commercial Court case concerning the effect on the Plaintiff’s right to light of plans to develop a €25 million hotel in Dublin’s James Street. Case settled in May 2022, with McDonald J ordering that Tathony was entitled to 75 per cent of its costs.
  • McC v McC [2021] IEHC 104: acted for the Defendant (AXA),  in this case in which Simons J  delivered a reserved decision on the discovery of extensive pre and post-accident medical records.
  • An Investment Manager v A Property Development Company, ADJ-00005561, 20 February 2019: acted for the Complainant in this case concerning unfair dismissal.

Selected Speeches and Lectures:

Access To Information On The Environment:  Recent Trends And Developments, Planning, Environmental and Local Government Bar Association Conference, 27 April 2021

Data Protection Claims: Law and Practice, Employment Bar Association’s Annual Conference,  25 November 2020

Data Protection in Schools, Irish Centre for European Law Privacy and Data Protection Law Conference, 23 May 2019

Freedom of Information requests in the Healthcare Sector, CMG Data Protection in Healthcare Services Conference, 24 October 2018

Consequence of a GDPR breach, Credit Union Managers’ Association Conference, 15  November 2017

Recent Trends and Developments in Damages, DSBA Personal Injury Litigation Seminar, 20 May 2015

The Values and Functions of a Referral Advocate, Word Bar Conference in Queenstown, New Zealand, 6 September 2014

Memberships

Member of Valuation Tribunal (2015-present)

Member of the Council of Bars and Law Societies of Europe (2015-present)

Former Member of the Bar Council of Ireland (2015-2019)

Called to the Bar of Northern Ireland (2018)

Academic Work

Claire holds a Ph.D. in Constitutional Law from Trinity College Dublin.

She is the co-director of, and lecturer on, the Advanced Diploma in Law and Education in the Honorable Society of King’s Inns.

She also lectures in Constitutional Law on the Diploma in Law in the Law Society.

Selected Awards

John Brooke Scholarship from the Honorable Society of King’s Inns

Government of Ireland Scholarship for Ph.D. research.

Scholarship from Cambridge University European Trust

Elected Scholar of Trinity College Dublin

Contact Form

This form is made available to solicitors & in-house counsel for professional purposes only, and to members of Approved Bodies for the purposes of Direct Professional Access

Contact

Mobile
085-723 9468
Email
claire.hogan@lawlibrary.ie
Address
Law Library Four Courts Dublin 7
DX
813080
LinkedIn
@Claire Hogan

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