David Byrnes BL

  • Junior Counsel: 2019
Qualifications:

Dip in Legal Studies (Kings Inns), Advanced Dip in Planning & Environmental Law (Kings Inns)

Areas of Practice:
  • Administrative Law
  • Commercial/Chancery
  • Criminal
  • Family Law
  • General Practice
  • Judicial Review
  • Tort & Personal Injury Law
David  Byrnes BL
Circuits:

Dublin
Eastern
Midland
Other Memberships:
Criminal Bar Association
Employment Bar Association
Family Law Association
Planning, Environmental & Local Government Bar Association
Probate Bar Association
Sports Law Bar Association of Ireland
Direct Professional Access:
Provided

Generally based in Dublin, David has a mixed practice of civil and criminal law. Solicitors instruct him to advise clients on contentious and non-contentious matters and to also appear on their behalf in the lower and Superior Courts as well as in statutory tribunals.

Civil Law

David has practiced in a range of matters including:

  • Advising or appearing on behalf of private and pubic sector employees to include executive and non-executive civilian and sworn members of An Garda Síochána concerning employment matters.
  • Workplace disputes such as workplace grievances, dignity at work, disciplinary proceedings and wrongful dismissal to include interim and interlocutory injunction applications.
  • Statutory claims made to the Workplace Relations Commission and appeals to the Labour Court under the unfair dismissals  and employment equality framework.
  • Defending members of regulated professions against complaints made to their regulatory body to include the PPC / FPC of the Medical Council.
  • Contentious and non-contentious company matters to include formation, M&A, shareholder agreements, share sale and purchase agreements, shareholder or director disputes or oppression as well as court or voluntary liquidation.
  • Contentious and non-contentious commercial matters to include plenary and summary proceedings.
  • Licencing and regulatory matters to include aviation and firearms dealers.
  • Revenue and Tax Appeals Commission matters.
  • Land and conveyance to include right of way and easements.
  • Owner Management Company disputes under the Multi-Unit Development Act.

Protected Disclosures

David is a member of the Employment Bar Association. He specialises in the area of protected disclosures and disciplinary matters. He has advised or appeared for clients in Superior Court proceedings to include the seeking of interim protections, as well as in the Workplace Relations Commission, for whistleblower actions against unlawful detriment. He has advised or appeared on behalf of senior management in An Garda Síochána to include at the Protected Disclosures Tribunal of Inquiry held at Dublin Castle.

Planning & Environment

David holds an Advanced Diploma in Planning and Environmental Law from the Honourable Society of Kings Inns. He is a member of the Planning, Environmental & Local Government Bar Association and has advised clients on planning matters before Local Planning Authorities or An Bord Pleanála to include planning applications, appeals, referrals under Section 5 and he has appeared at oral hearings. He has advised or appeared in planning enforcement and injunctions and Judicial Review proceedings.

Criminal Law

David is a member of the Irish Criminal Bar Association. He has appeared in the lower and Superior Courts in trials or appeals and has advised adult, juvenile and vulnerable clients who have been accused or convicted of criminal offences to include public order, domestic violence, theft and fraud, non-fatal, misuse of drugs, criminal damage, rape and regulatory offences.

In addition to making applications for bail in the lower and Superior Courts, David has advised or appeared for clients in Judicial Review proceedings including Article 40 inquiries and in cases stated to the High Court on a point of law.

Family Law, Child Care & Probate

David is a member of the Family Lawyers Association. He has advised or appeared for clients in the lower and superior family law courts in divorce and separation proceedings to include guardianship, access and custody of dependent children and international relocation. He has advised or appeared for applicants and respondents in domestic violence proceedings and for parents in child care cases involving Tusla.

David is a member of the Probate Bar Association and has advised or appeared for clients on matters concerning probate.

Experience outside of the Bar

Prior to his practice of law at the Bar, David had accumulated over 20 years experience (15 years in business ownership) in the areas of IT Systems Management & Software Development | Business Management & Development | HRM  | Property Investment | Civil Aviation Operations & Management | Regulatory Compliance. He has also been retained as an expert witness on behalf of the State in Superior Court litigation.

David is a licenced pilot and he represented Ireland at the World Air Games in 2001 as captain of the Irish Skydiving Team. He is a member of Sports Law Bar Association.

Employment Law

Protected Disclosures Tribunal (Dublin Castle June 2021 and June 2022): I appeared for an Executive Director of An Garda Síochána. Instructed by: Noble Law Solicitors and led by Seamus Clarke SC and Helen Callanan SC

Dunne v Deegan t/a Finnstown Childcare (ADJ 29248 July 2022)
I appeared for a child care worker and succeeded in a pregnancy discrimination and family status claim following a full hearing by the WRC. Instructed by: Ruane & Co. Solicitors

Bailey v Energy & Technical Services Ltd. (WRC May 2022): I appeared for an employee in a constructive dismissal claim. I negotiated a settlement on terms which are confidential. Instructed by: Noble Law Solicitors

Barrett v Commissioner of An Garda Síochána and Minister for Justice [2022] IEHC 86: I appeared for the Executive Director in An Garda Síochána. This is the first decision of the High Court in the context of an injunction under s.13 Protected Disclosure Act, 2014. (An appeal is pending before the Court of Appeal). Instructed by: Noble Law Solicitors and led by Mark Harty SC

Barrett v Commissioner of An Garda Síochána and Minister for Justice [2022] IEHC 309: I appeared for the Executive Director in An Garda Síochána. This is the first published decision of the High Court in the context of discovery and s.13 Protected Disclosure Act, 2014. I was successful in securing extensive discovery and full costs of the motion. Instructed by: Noble Law Solicitors

Ekaba v Leopardstown Park Hospital (WRC January 2022): I appeared for an employee in an unfair dismissal claim. I negotiated a settlement on terms which are confidential. Instructed by: Hatstone Solicitors

Giltrap v Children’s Health Ireland (High Court (JR) October 2021): I appeared for an employee in this Judicial Review matter who was seeking a mandatory order to be furnished with an unredacted copy of an independent investigation report. The matter was settled on terms which are confidential. Instructed by: Hatstone Solicitors

G4S Cash Solutions Ireland Ltd. v Merlusca (Labour Court September 2021): I appeared for the employee in an appeal brought by the employer against an adjudication of unfair dismissal and an award made in the WRC. I negotiated a settlement on terms which are confidential. Instructed by: Hatstone Solicitors

Byrne v St. Patrick’s Mental Health Services (WRC August 2021): I appeared for an employee in a constructive dismissal claim. I negotiated a settlement on terms which are confidential. Instructed by: Hatstone Solicitors

Dermody v The Good Food Store Ltd. (WRC July 2021): I appeared for an employee in a constructive dismissal claim. I negotiated a settlement on terms which are confidential. Instructed by: Noble Law Solicitors

Irish Medical Council Hearing (November 2020): I appeared for a medical doctor in which the Medical Council was persuaded not to make an application to the High Court pursuant to s.60 Medical Practitioners Act 2007 to suspend her licence to practice medicine. Instructed by: Noble Law Solicitors and led by Marguerite Bolger SC

Commercial Law

Van Dessel v Hughes (High Court May 2022): I appeared for a shareholder and former director of a fuel distribution company (in liquidation). The motion brought by the liquidator. I negotiated a settlement on terms which are confidential.

Share Purchase Agreement (March 2022): I advised a shareholder, negotiated the sale of his 50% shareholding in a company for €100,000 and drafted the share purchase agreement. Instructed by Kelly Law

Criminal Law

Cash v Governor of the Dóchas Centre (High Court October 2020): I appeared in an application made pursuant to Article 40.4°of the Constitution and secured the release of a woman who had been unlawfully deprived of her liberty. Instructing by: Ruane & Co. Solicitors and led by Maurice Coffey SC

Nash v DPP [2021] IEHC 522: This was a successful Judicial Review application. The High Court decided for the first time that an accused person is entitled to be furnished with a copy of the Digital Audio Recording of third party (but related) criminal proceedings in order for the accused to properly challenge the evidence intended to be offered against him by witnesses that are mutual to both proceedings. Instructed by: Edward R. Bradbury Solicitors

DPP v O’Domnhaill (Tallaght District Court February 2022): I succeeded in obtaining an acquittal against an assault charge under s.2 Non-Fatal Offences Against the Person Act, 1997.  Instructed by Tracy Horan & Co. Solicitors

DPP v BK (Dún Laoghaire District Court November 2021): I succeeded in an application to strike out a charge brought under s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by: Noble Law Solicitors

Nash v DPP (District Court Appeal – Midland Circuit March 2022): I succeeded in this appeal against convictions imposed in the District Court for charges brought under s.6 and s.19 Criminal Justice (Public Order) Act, 1994 (threatening, insulting and abusive behavior and resisting arrest). Edward R. Bradbury Solicitors

DPP v McDonagh (Kilkenny District Court July 2021): I secured a suspended sentence following a plea of guilty to offences contrary to s.3 Criminal Damage Act 1991 (threatening to damage a garda patrol vehicle).  A charge for actual criminal damage was struck out and a charge for obstructing a search pursuant s.21(4) Misuse of Drugs Act, 1997 was taken in to consideration. Instructed by Tracy Horan & Co. Solicitors

DPP v Molloy (Castlebar District Court December 2021): I appeared on behalf of the defendant and secured a suspended sentence following a plea of guilty to offences contrary to s.3 Prohibition of Incitement To Hatred Act 1989. Instructed by: Edward R. Bradbury Solicitors

DPP v Sheridan (Dublin District Court May 2020): I appeared on behalf of the defendant and succeeded in an application to strike out charges under the Road Traffic Act 1961 (hit and run, no insurance and no licence) on grounds of inordinate prosecutorial delay. Instructed by: Ruane & Co. Solicitors

DPP v McDonald (Swords District Court November 2020): I appeared on behalf of the defendant and succeeded in obtaining a direction of no case to answer against charges under to s.4 and s.6 Criminal Justice (Public Order) Act, 1994 (intoxication and threatening abuse or insulting behavior). Instructed by: Ruane & Co. Solicitors

DPP v Brannigan (Portlaoise District Court October 2020): I appeared on behalf of the defendant and succeeded in obtaining a direction of no case to answer against a charge under to s.19 Criminal Justice (Public Order) Act, 1994 (trespass). Instructed by: Edward R. Bradbury Solicitors

DPP v NK (Carlow District Court October 2020): I appeared on behalf of the defendant and succeeded in an application to strike out a charge brought under s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by Aonghus McCarthy & Co. Solicitors

DPP v Dowling (Castlerea District Court September 2020): I appeared on behalf of the defendant and secured a suspended sentence following a plea of guilty to offences contrary to s.12 Criminal Justice (Theft and Fraud Offences) Act, 2001 (burglary). Instructed by Aonghus McCarthy & Co. Solicitors

DPP v MacE (Dublin District Court July 2020): I appeared on behalf of the defendant and succeeded in an application to strike out a charge under s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by: Ruane & Co. Solicitors

DPP v McCarthy (Dublin District Court July 2020): I appeared on behalf of the defendant and succeeded in obtaining a direction of no case to answer against a charge under s.18 Criminal Justice (Theft and Fraud Offences) Act, 2001 (possession of stolen property). Instructed by: Edward R. Bradbury Solicitors

DPP v NW (Dublin District Court July 2020): I appeared on behalf of the defendant and succeeded in an application to strike out a charge under s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by: Edward R. Bradbury Solicitors

DPP v PB (Dublin District Court July 2020): I appeared on behalf of the defendant and succeeded in obtaining a direction of no case to answer against a charge under s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by: Peter Keatings Solicitors

DPP v NB (Dublin District Court July 2020): I appeared on behalf of the defendant and secured a suspended sentence following a plea of guilty to offences contrary to s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by: Peter Keatings Solicitors

DPP v LW (Dublin District Court July 2020): I appeared on behalf of the defendant and succeeded in an application to strike out a charge under s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by: Peter Keatings Solicitors

DPP v TR (Blanchardstown District Court March 2020): I appeared on behalf of the defendant and succeeded in obtaining a direction of no case to answer against a charge under s.33(1) Domestic Violence Act 2018 (breach of a barring order). Instructed by: Eugene Smartt Solicitors

DPP v Davey (Blanchardstown District Court March 2020): I appeared on behalf of the defendant and succeeded in a dismissal of the charges under the Road Traffic Act 1961 (no drivers licence, no insurance and failure to produce). Instructed by: Eugene Smartt Solicitors

Family & Child Care Law

A v B (1) [2021] IEHC 96 and A v B (2) [2021] IEHC 119: I appeared on behalf of a husband and father in the context of separation and relocation proceedings. We succeeded in defeating an assertion of investigative privilege and obtained an Order for non-party discovery of documents from the Commissioner of An Garda Síochána. The High Court decided, for the first time, that in weighing the balance of competing public interests, namely, the paramount interest of the child (Article 42A of the Constitution and Part V of the Guardianship of Infants Act 1964) versus the public interest in the prosecution of offences, the assertion of investigative privilege on the part of An Garda Síochána was defeated. (I am instructed to contest the appeal made by the Commissioner to the Court of Appeal on the basis of a court appointed legitimus contradictor). Instructed by: Noble Law Solicitors.

A’OC v JK (District Court Appeal – Midland Circuit July 2021): I appeared on behalf of the respondent in this appeal against a safety order imposed by the District Court pursuant to s.6 of the Domestic Violence Act 2018. I negotiated a settlement on terms which are confidential. Instructed by Tracy Horan & Co. Solicitors

BK v NK (District Court Appeal – Midland Circuit July 2021): I appeared on behalf of a husband and father in this successful appeal against a barring order imposed by the District Court pursuant to s.7 of the Domestic Violence Act 2018. Instructed by: Noble Law Solicitors

Tusla v HMcD (Portlaoise District Court (September 2020 to March 2021): I appeared on behalf of a mother who’s infant child was taken in to State care pursuant to s.17 of the Child Care Act 1991. The infant was born with a congenital heart defect which required surgery and specialist care. The mother had applied for legal aid but there was serious delay in that matter being resolved. I took on this case as part of my pro bono commitments until the Legal Aid Board assigned a solicitor. Instructed by Aonghus McCarthy & Co. Solicitors

Peer Reviewed Journals

In the press:

  • Why are we regressing on reform?’ – Examiner (13/06/2022)
  • ‘Apology hollow while our Constitution deems single-parent families as lesser to marital ones’ – Independent (16/01/2021)

Reports of cases I am briefed in:

  • ‘WRC hears complaints from sacked beer delivery drivers’ – RTEIndependent | Irish Times | Belfast Telegraph (July 2022)
  • ‘Diageo carried out covert surveillance in delivery investigation, WRC told’ – Irish Times (May 2022)
  • ‘All the way to the top? Threats allegations and a force at war’ – The Currency (April 2021)
  • ‘Treatment of Garda HR manager facing dismissal has ‘echoes of Kafka’ – Irish Times (October 2021)
  • ‘Garda HR Director seeks court order preventing his dismissal’ – Irish Times | Journal.ie (December 2020)
  • ‘Serving fireman charged with possessing cocaine at Tipperary fire station’ – Irish Times | Mirror (February 2020)

Podcasts

  • Policed in Ireland – Garda acting as prosecutors in the District Court – Apple | Tortoiseshack (July 2022)

David is a volunteer with the Free Legal Advice Clinic (FLAC). He has advised or represented clients on a pro bono basis in several human rights cases including child care proceedings against the Child and Family Agency (Tusla). David is an advocate for human rights. He is also an advocate for animal rights and welfare.

  • Legal Services Regulation Authority – Registered Legal Practitioner
  • Employment Bar Association – Member
  • Probate Bar Association – Member
  • PELGA – Member
  • PRBDA – Member
  • Family Lawyers Association of Ireland – Member
  • Criminal Bar Association – Member
  • Sports Law Bar Association – Member

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
087-755 6014
Email
David.Byrnes@lawlibrary.ie
Address
Law Library Four Courts Dublin 7
DX
301025
LinkedIn
@David Byrnes

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