Alan D P Brady BL

  • Junior Counsel: 2006

LLB (Dubl), LLM, PhD (LSE)

Areas of Practice:
  • Administrative Law
  • General Practice
  • Judicial Review
  • Children's Law
  • Constitutional Law
  • Human Rights
Alan D P Brady BL

Bar of England & Wales
Bar of the State of New York
Direct Professional Access:

In Re KK (A Ward of Court) [2023] IEHC 306 – acted for State Agency in application for protective orders in wardship in respect of existing ward of court whose wardship pre-dated the entry into force of the Assisted Decision-Making (Capacity) Act 2015

LM (A Minor) v Child and Family Agency [2023] IEHC 289 – acted for Guardian ad Litem appointed in the District Court to child with significant behavioural issues at risk of death from suicide in challenge to refusal to move application to place child in special care

Child and Family Agency and B v Adoption Authority of Ireland and C [2023] IESC 12 – acted for amicus curiae in appeal against refusal of order dispensing with birth mother’s consent for involuntary adoption in context of Article 42A of the Constitution of Ireland 1937

Donnelly v Minister for SocialProtection [2022] IESC 31, [2022] 2 ILRM 185 – acted for family of disabled child who required extended hospitalisation and for a parent to remain with him at all times in challenge to constitutionality of exclusion of child from domicilliary care allowance on the basis of Article 40.1 of the Constitution of Ireland 1937

Philomena Lee v Minister for Children, Equality, Disability, Integration and Youth (2021/303 JR) acted for applicant in judicial review challenge to report of the Commission of Investigation on Mother and Baby Homes. Respondent consented to declaratory orders confirming that the applicant had been denied fair procedures by the Commission.

Board of Management of a Special School v Secretary General of the Department of Education [2021] IEHC 392 – acted for family of non-verbal child with special needs expelled from special school in school’s judicial review challenge to Secretary General’s direction that child be reinstated

In Re JJ [2021] IESC 1 – acted for amicus curiae in urgent appeal of orders allowing discontinuation of treatment for minor ward of court with catastrophic injuries over parental objection in light of Article 42A of the Constitution of Ireland 1937

C v G [2020] IECA 233 – acted for father in 1980 Hague Convention proceedings concerning child unlawfully abducted to Ireland in context of COVID-19 pandemic and ‘grave risk’ defence

In Re AC (A Minor and Ward of Court) [2019] IEHC 691 – acted for father of child with neuroblastoma in dispute over treatment planning

Fagan v Dublin City Council [2019] IESC 96, [2020] 1 ILRM 157 – acted for amicus curiae in appeal of refusal to include children of separated father on housing list application

Phelan and Murphy v South Dublin County Council [2019] IECA 81 – acted as junior counsel in appeal against refusal of costs where High Court judicial review proceedings rendered moot due to offer of emergency housing

Child and Family Agency v MD [2019] IEHC 387 – acted as junior counsel for relative foster carer in challenge by CFA to District Court order directing placement of children with relative

EE v Child and Family Agency [2018] IECA 159 – acted for applicant in judicial review who was subject to investigation under s.3 Child Care Act 1991 who was refused opportunity to cross-examine his adult accuser

A Foster Mother v Child and Family Agency [2018] IEHC 762 – acted as junior counsel for birth mother in judicial review challenge by pre-adoptive foster carer’s judicial review challenge to placement of child with proposed adoptive parents

Child and Family Agency v TN [2018] IEHC 568 – acted for Child Care Law Reporting Project (CCLRP) in respect of application to lift in camera rule to allow CCLRP to attend special care cases under statutory framework commenced in 2018

P v Child and Family Agency [2018] IEHC 161 – acted for mother of child in care in judicial review challenge to District Court application of Regulation EC 2201/2003 in case with cross-border element

OAB v Minister for Justice [2018] IEHC 142 – acted in judicial review challenge to deportation order on proportionality grounds

SMcG v Child and Family Agency [2017] 1 IR 1 – acted for mother in appeal by Child and Family Agency against orders pursuant to Article 40.4 of the Constitution of Ireland 1937 directing the release of children from care

VQ v Judge Horgan [2016] IEHC 631 acted for foster carers challenging District Court’s refusal of jurisdiction to determine whether dental treatment was required in welfare interests of child in care

Lattimore v Dublin City Council [2014] IEHC 233 – acted for applicant refused succession to sister’s local authority tenancy on basis of Article 8 ECHR requirement for proportionality analysis prior to removing applicant from his home

Kinsella v Dun Laoghaire Rathdown County Council [2012] IEHC 344 – acted for disabled social housing applicant refused access to Council’s housing list

‘Gender and the Irish Constitution: Article 41.2, Symbolism and the Limitations of the Courts’ Approach to Substantive Gender Inequality’ in Lynsey Black and Peter Dunne (eds) Law and Gender in Modern Ireland: Critique and Reform (Oxford: Hart Publishing, 2019)

‘The Vindication of Constitutional Welfare Rights: Beyond the Deprivation of Liberty?’ (2018) 40(2) Dublin University Law Journal 127

Proportionality and Deference under the UK Human Rights Act: An Institutionally Sensitive Approach (Cambridge: Cambridge University Press, 2012)

‘Proportionality, Deference and Fundamental Rights in Irish Administrative Law: The Aftermath of Meadows’ (2010) 32(1) Dublin University Law Journal 136

‘Universal Jurisdiction for International Crimes in Irish Law’ (2008) 43 Irish Jurist 59 (with Dr James G. Mehigan BL)

‘Corporate Killing – The Law Reform Commission’s Proposals’ (2006) 24 Irish Law Times 235

‘Corporate Homicide; Some Alternative Legal Approaches’ (2002) 12(2) Irish Criminal Law Journal 12

‘Children’s Constitutional Rights: Past, Present and Yet to Come’ Children’s Rights Alliance Catherine McGuinness Fellowship Seminar: Children and Article 42A of the Irish Constitution, Bar of Ireland – Distillery Building, 6 December 2018

‘Meadows and proportionality in judicial review – Where are we now?’ Bar of Ireland CPD paper – Distillery Building, 27 February 2017

Board Member, Irish Council for Civil Liberties, 2011-2017

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