Fiona Gallagher BL

Fiona Gallagher is an experienced junior counsel with a general civil law practice, and a particular emphasis on medical negligence, personal injury and land/property law. Within the medical negligence field, Fiona has acted in numerous complex cases involving birth injuries, cancer misdiagnosis and delayed diagnosis, substandard treatment and lack of informed consent. Fiona has also represented clients in relation to claims arising from negligent beauty treatments.

Fiona has a wide-ranging experience of personal injury law, including road traffic accidents, employers’ liability, bullying/occupational stress, occupiers’ liability, assault, dog bite, public liability and fatal claims, across all jurisdictions. Fiona has also represented clients in respect of applications for compensation under the Garda Siochana (Compensation) Acts.
In the land/property field, Fiona has acted for and advised clients in relation to trespass, adverse possession, landlord and tenant, easements and profits a prendre disputes. Fiona has also engaged in extensive advisory work in relation to this area.

Fiona is a Chairperson of the Mental Health Tribunals since 2013 and in the past was a member of both the Criminal Injuries Compensation Tribunal and the Valuation Tribunal.

• Represented a number of clients in compensation claims due to delayed cancer diagnoses arising out of the Cervical Check scandal.
• Acted for a client in a gynaecological injury claim involving a private medical practitioner and private hospitals, which case raised issues regarding the vicarious liability of private hospitals for consultants working out of the hospital and duties owed by private hospitals to ensure practitioners operating from same have appropriate indemnity cover in place.
• Acted for a client in a case involving injuries sustained by reason of participation in a clinical trial, involving consideration of the law on informed consent, disclosure of risks and conduct of clinical trials.
• Represented a client in a number of applications under the Lands Clauses Consolidation Act 1845, arising out of the compulsory acquisition of lands.
• J. O’T v. Healy & Others [2018] IEHC 571 (Application for an Order pursuant to Section 73 of the Mental Health Act 2001, for leave to issue civil proceedings).
• Y. v. HSE & Others [2016] 1 I.R. 300 (An application under Section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 and Section 19 of the Refugee Act 1996).  This was the first case brought under the Protection of Life During Pregnancy Act 2013 and also involved constitutional claims involving the right to life, right to bodily integrity and right to privacy.
• Lalor v. National Maternity Hospital [2015] IEHC 423 (Claim for compensation arising out of a retained swab following childbirth).
• Kean v. Solicitors Disciplinary Tribunal [2014] IEHC 432 (Appeal against findings and sanction by Solicitors Disciplinary Tribunal).
• Haughey v. Synnott [2012] IEHC 403 (Application for costs of interlocutory applications in a partnership dispute).
• Represented a number of clients in compensation claims due to delayed cancer diagnoses arising out of the Cervical Check scandal.
• Acted for a client in a gynaecological injury claim involving a private medical practitioner and private hospitals, which case raised issues regarding the vicarious liability of private hospitals for consultants working out of the hospital and duties owed by private hospitals to ensure practitioners operating from same have appropriate indemnity cover in place.
• Acted for a client in a case involving injuries sustained by reason of participation in a clinical trial, involving consideration of the law on informed consent, disclosure of risks and conduct of clinical trials.
• Represented a client in a number of applications under the Lands Clauses Consolidation Act 1845, arising out of the compulsory acquisition of lands.
• Represented a successful plaintiff in a trespass action, where a defence of adverse possession was run.
• J. O’T v. Healy & Others [2018] IEHC 571 (Application for an Order pursuant to Section 73 of the Mental Health Act 2001, for leave to issue civil proceedings).
• Y. v. HSE & Others [2016] 1 I.R. 300 (An application under Section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 and Section 19 of the Refugee Act 1996).  This was the first case brought under the Protection of Life During Pregnancy Act 2013 and also involved constitutional claims involving the right to life, right to bodily integrity and right to privacy.
• Lalor v. National Maternity Hospital [2015] IEHC 423 (Claim for compensation arising out of a retained swab following childbirth).
• Kean v. Solicitors Disciplinary Tribunal [2014] IEHC 432 (Appeal against findings and sanction by Solicitors Disciplinary Tribunal).
• Haughey v. Synnott [2012] IEHC 403 (Application for costs of interlocutory applications in a partnership dispute).

Legislation and Permit Policies Regulating the Use of Horticultural and Energy Peat Resources and Peat-Based Products for a study by the European Peat and Growing Media Association (EPAGMA) (2008).