David O’Brien BL

  • Junior Counsel: 2012
Qualifications:

LL.B.

Areas of Practice:
  • Administrative Law
  • Commercial/Chancery
  • General Practice
  • Judicial Review
Specialisation:
  • Banking, Finance & Securities
  • Bankruptcy/Insolvency/Reorganisations
  • Company Law
  • Construction Law
  • Data Protection Law
  • Public Procurement
David O’Brien BL
Circuits:

Dublin
Eastern
Direct Professional Access:
Provided

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, construction law, administrative law, judicial review and employment law.

David has appeared at every level of the Irish court framework including the Supreme Court, the Court of Appeal, and each civil division of the High Court. David has further wide ranging experience in alternative dispute resolution, including arbitration and mediation.

David is also called to the Bar of Northern Ireland.

David is instructed by solicitors and in-house counsel in a wide range of court and non-court matters. Recent cases include:

  • Killaree Lighting Services Ltd -v- Mayo County Council 2020/829 JR –

Commercial Division of High Court – Procurement – Judicial Review

Counsel for Applicant – Judicial review application seeking inter alia Ireland’s first declaration of ineffectiveness pursuant to Remedies Regulations (on public lighting services tender worth approx. € 6 m). Judgment awaited.

 

  • Náisiúnta Leictreach Contraitheoir Eireann v The Labour Court & Ors 97/2020 SC

Supreme Court – Constitutional challenge / Article 15.2.1 – Judicial Review

Counsel for Respondent to Appeal – State appellants appealed the order of the High Court (Simons J.) dated 31 July 2020 quashing the 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, and further appealed the High Court’s declaration that the provision made for sectoral employment orders under Chapter 3 of the Industrial Relations (Amendment) Act 2015 is invalid having regard to the provisions of Article 15.2.1° of the Constitution.

 

  • Carolan and Cosgrave -v- Sutcliffe and Wentworth Properties Ltd and Wentworth Logistics Ltd 2020/367 COS

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

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

 

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

High Court – Construction Law

Counsel for Respondent – Much publicised decision of Simons J. in Ireland’s first High Court enforcement proceedings relating to a statutory adjudication award made pursuant to the Construction Contracts Act, 2013.

 

  • Náisiúnta Leictreach Contraitheoir Eireann v The Labour Court, Minister for Business, Enterprise & Innovation and the Attorney General [2020] IEHC 303 and 342

High Court – Constitutional challenge / Article 15.2.1 – Judicial Review

Counsel for Applicant – Highly significant decision 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. further and 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 this case, the Applicant secured the rare relief of injuncting the application of live, secondary legislation whereby the High Court (Meenan J.) stayed the implementation of so much of the Sectoral Employment Order (Electrical Contracting Sector) 2019 (S.I. No. 251/2019) as required employers to enter their workers into a pension scheme as identified therein pending the determination of the proceedings.

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

Phone
01-817 7757
Mobile
087-654 3069
Email
david@davidobrien.ie
Address
Law Library Building 158-159 Church Street Dublin 7
DX
811050
LinkedIn
@David O'Brien

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