Elaine Houlihan BL

Elaine has appeared at every level of the Irish courts and has extensive experience on the South Western Circuit, with a general practice.  This work to date has included representing litigants in civil litigation, divorce and judicial separation proceedings, childcare proceedings; personal injuries, planning injunctions, employment disputes and indictable crime.

Work in the superior courts has included judicial review proceedings and chancery.

Ryan v DPP [2020] IEHC 53 – judicial review seeking an order of certiorari of the decision of the District Court judge to refuse jurisdiction in respect of a charge of assault causing harm on grounds of breach of fair procedures

O’Riordan v Clare County Council [2019] IEHC 330 – the nonfeasance rule – whether there is a duty owed by a road authority in negligence or nuisance for a danger on the road constructed by its predecessor in title, which was not a road authority

Humphreys v Director of Public Prosecutions [2019] IEHC 24 – application for judicial review seeking to restrain the further pursuit of forfeiture proceedings on the ground that there was no proceeding pending in the Circuit Court

Cromane Seafoods Ltd v Minister for Agriculture [2017] 1 I.R. 119; [2016] I.L.R.M. 81 – extent of the liability in negligence of a public authority when making secondary legislation to comply with the Habitats Directive – legitimate expectation – Supreme Court

Walsh v Tesco Ireland Ltd [2016] IEHC 232 – a claim for damages for personal injuries sustained in a slip and fall – assessment of future care costs

DPP v Gerard Alphonsus Humphreys and Others [2014] IEHC 539 – whether an application for the forfeiture of monies pursuant to s.39 of the Criminal Justice Act 1994 as amended was made within the time limit prescribed – Circuit Court appeal

P.B. v DPP [2013] IEHC 401 – judicial review – application for injunctive relief seeking to prevent a prosecution for indecent assault on grounds of delay

McN (M) & C (L) v Health Service Executive [2009] IEHC 235 – application for an Article 40.4.2 inquiry in respect of patients initially involuntarily detained under the provisions of the Mental Health Act 2001 – whether the patients had capacity to consent to remaining in hospital on a voluntary basis

O’K v A [2008] 4 I.R. 801; [2008] IEHC 243 – Whether the doctrine of forum non conveniens survived the Brussels Regulation – judicial separation proceedings where the husband issued subsequent divorce proceedings in another jurisdiction

Lecturer of the Corporate and Business Law module for the ACCA qualification with BPP Professional Education Ireland in Limerick 2005 to 2011.