David Byrnes BL

David Byrnes BL is a practicing barrister-at-law with a particular focus on human rights.

Solicitors instruct him to advise or provide opinions to clients on contentious and non-contentious matters and to provide trial and appellate advocacy in all divisions of the Irish courts up to the Supreme Court, statutory tribunals, EU Court of Justice and the European Court of Human Rights.

Employment Law & Protected Disclosures & Regulated Professions

Member of the Employment Bar Association and the Professional, Regulatory and Disciplinary Bar Association.

Solicitors brief David as a specialist in the law of protected disclosures, unfair & wrongful dismissals, disciplinary procedures and employment equality.

Clients include senior executive management, senior and top level civil servants of the government, members of the Garda Síochána up to chief-superintendent rank.

Mr. Byrnes was instructed on behalf of the Executive Director of Human Resources and People Development of An Garda Síochána to appear at the Protected Disclosures Tribunal of Inquiry held at Dublin Castle.

He has advised and appeared on behalf of medical doctors to include for the purpose of application by the Medical Council to the High Court for summary suspension of registration.

David has advised teachers who are the subject disciplinary proceedings, and referrals made to their oversight body and Tusla.

Taxation & Financial Services 

Member of the Tax Bar Association and the Financial Services Bar Association.

He has advised private and commercial taxpayers concerning assessments made by the Revenue Commissioners and has appeared in appeals made to the Tax Appeals Commission.

Company & Commercial Law

Member of the Commercial Litigation Association.

Mr. Byrnes  has advised or appeared in a range of contentious and non-contentions commercial and company law matters to include company formation, shareholder agreements, M&A, share sale and purchase agreements and shareholder or director disputes or oppression as well as court or voluntary liquidations.

Tort & Personal Injury

Member of the Tort & Insurance Bar Association.

Mr. Byrnes has advised or appeared in a range of tort disputes to include defamation, negligence, personal injury, false imprisonment, malicious falsehoods, conspiracy, trespass and nuisance.

Regulatory and Administrative Law

He has advised or appeared in contentious and non-contentious regulatory matters to include licensing, aviation and firearms and related judicial review proceedings.

Property law

He has advised or appeared in contentious and non-contentious property law matter to include landlord and tenant (including statutory arbitration proceedings to acquire fee simple), conveyance, right of way and easements and disputes under the Multi-Unit Development Act.

Planning & Environment Law

Member of the Planning, Environmental & Local Government Bar Association.

He holds an Advanced Diploma in Planning and Environmental Law from the Honorable Society of Kings Inns and has advised or appeared in contentious and non-contentious planning matters pending before Local Planning Authorities or An Bord Pleanála to include hearing of planning appeals and section 5 referrals, planning enforcement, s.160 planning injunctions and related judicial review proceedings.

Sports Law

Member of Sports Law Bar Association.

He has provided advices in contentious and non-contentious matters to include licensing, civil and criminal liability to include voluntary assumption of risk, contractual and licensing agreements, non-incorporated and representative sports bodies. David is a recreational pilot and accomplished parachutist having also represented Ireland at the World Air Games in 2001 as captain of the Irish National Skydiving Team.

Criminal Law

Member of the Irish Criminal Bar Association.

David has appeared on behalf of clients in the District Court, Circuit Criminal Court and the Central Criminal Court defending corporates and executive management charged with regulatory offences and also adult, juvenile and vulnerable clients across a range of criminal offences to include public order, non-fatal offences, domestic violence to include coercive control, theft and fraud, misuse of drugs, criminal damage, rape, road traffic and other regulatory offences. He has made bail applications in the lower and superior courts as well as appeared in Article 40 inquiries and cases stated to the High Court.

It frequently arises where a employment, civil or family law case in which David is briefed also has related criminal proceedings or investigations.

Family Law, Child Care & Probate

Member of the Family Lawyers Association and the Probate Bar Association.

He has advised or represented in cases of divorce, separation, guardianship, access and custody of dependent children and international relocation, domestic violence, child care cases involving Tusla and probate matters.

Experience outside of the Bar

Prior to the practice of law at the Bar, David had accumulated over 20 years experience (15 years in senior management and 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 Byrnes BL is currently instructed by solicitors to advise and appear for clients in a range of legal matters pending before the lower and superior courts and statutory tribunals including employment, commercial landlord and tenant, taxation, company shareholder oppression, personal injury, planning and environment, probate, divorce/separation, judicial review, summary debt, and summary/indictable criminal law matters (including rape, coercive control and violent disorder).

Recent examples of completed cases or legal services work include:

Employment Law

Rafferty v Nazareth Care Ireland CLG (Dublin Circuit Court & WRC – March 2024): Advices and representation provided to a Chief Nursing Officer in respect of an application for an interim injunction and alleged whistleblower penalisation under the Protected Disclosures Act 2014. David negotiated both sets of proceedings to a settlement, the terms of which are confidential.

Greene v RTÉ (WRC February 2024): Advices and representation provided to a former 2FM presenter in respect of claims brought under the Protected Disclosures Act 2014, Unfair Dismissals Act 1977, and Payment of Wages Act 1991. This case also involved complex legal issues concerning the question of employment status, with related proceedings pending before the Department of Social Protection. David negotiated this WRC matter to a settlement, the terms of which are confidential.

See press reports: Independent | Irish Times | RTÉ

O’Connor v Cas Dental (WRC December 2023): Advices and representation provided to a Dental Technician who was successful, following a full hearing, in her joint claims for unfair dismissal, minimum notice and terms of employment and she received in excess of €14,000. Read decision: WRC ADJ-34847

A Wind Turbine Technician v Wind Turbine Installer (WRC October 2023): Advices and representation provided to an employee in a claim for alleged unfair dismissal, whistleblower penalisation and non-payments of wages. David negotiated this matter to a financial settlement, the terms of which are confidential.

An Executive v A Financial Services Provider (WRC September 2023): Advices and representation provided to a senior executive (in-house general counsel) of an international financial services provider in a claim for alleged whistleblower penalisation pursuant to the Protected Disclosures Act 2014. David negotiated this matter to a settlement for a six-figure sum, the terms of which are confidential.

A Financial Controller v An Accountancy Practice (WRC September 2023): Advices and representation provided to the employer in this industrial relations dispute. David negotiated this matter to a settlement.

A Worker v A Football Club (WRC September 2023): Advices and representation provided to a barman who made a claim for alleged unfair dismissal. David negotiated this matter to settlement, the terms of which are confidential, which included a cash sum, a letter of apology given to the Worker for allegations of theft and the withdrawal of a criminal complaint made against the Worker to the Garda Síochána.

An Executive v A Public Health and Social Provider (High Court July 2023): Advices and representation provided to a senior executive of a Public Health and Social Provider in an action consisting of an application made for an interlocutory injunction and damages inter alia for alleged whistleblower penalisation pursuant to the Protected Disclosures Act 2014. This action was negotiated to a settlement at mediation for a six-figure sum, the terms of which are confidential, and full costs to the client.

A Manager v A Public Health and Social Provider (High Court July 2023): Advices and representation provided to a manager of a Public Health and Social Provider in an action consisting of an application made for an interlocutory injunction and damages inter alia for alleged whistleblower penalisation pursuant to the Protected Disclosures Act 2014. This action was negotiated to a settlement at mediation for a six-figure sum, the terms of which are confidential, and full costs to the client.

11 x Employees v Shannon Transport & Warehouse Company T/A STL (WRC April 2023): Advices and representation provided at all hearings for 11 x employees who each made a successful claim for unfair dismissal with awards ranging from €2,320 to €21,000 and totaling €109,040. See press reports:

• Irish Times | Independent | RTE | Breaking News | Limerick Leader  (May 2023)
• Irish Times |  Independent | RTE | Belfast Telegraph (July 2022)
• Irish Times (May 2022)

Read decisions: ADJ-24657 | ADJ-24669 | ADJ-24686 | ADJ-24685 | ADJ-24684 | ADJ-24683 | ADJ-24682 | ADJ-24679 | ADJ-24676 | ADJ-24675 | ADJ-24674

A Lecturer v A College (WRC / High Court March 2023): Advices and representation provided for a senior college lecturer with concurrent proceedings.  The WRC claim was for alleged constructive dismissal for making protected disclosures. The High Court action involved a claim for damages for alleged whistleblower penalisation pursuant to the Protected Disclosures Act 2014 and personal injuries for alleged workplace bullying. This case was negotiated to a settlement at mediation for a six-figure sum, the terms of which are confidential.

Protected Disclosures Tribunal (Dublin Castle June 2021 and June 2022): Advices and representation provided for an Executive Director of An Garda Síochána.

A Worker v A Hospital (WRC / High Court September 2022): Advices and representation provided for an administrative worker of a major Dublin hospital with concurrent proceedings. The WRC claim was for alleged discrimination on grounds of disability, gender (pregnancy related) and family status. The High Court action involved a claim for damages for alleged whistleblower penalisation pursuant to the Protected Disclosures Act 2014. David negotiated these cases to a settlement for a six-figure sum, the terms of which are confidential.

Dunne v Deegan t/a Finnstown Childcare (WRC ADJ-29248 July 2022): Advices and representation provided for a child care worker. The adjudicator upheld the claim of discrimination on grounds of family status following a full hearing and awarded €4,500 to the client.

Bailey v Energy & Technical Services Ltd. (WRC May 2022): Advices and representation provided for an employee in a claim for alleged constructive dismissal. This case was negotiated to settlement, the terms of which are confidential.

Barrett v Commissioner of An Garda Síochána and Minister for Justice:

Advices and representation provided for the Executive Director of Human Resources and People Development in An Garda Síochána. See press reports: The Currency (April 2021) | Irish Times (October 2021) | Irish Times | Journal.ie | Examiner | The Journal (December 2020)

[2023] 34 E.L.R. 16 | [2023] IECA 112: This is the first published decision of the Court of Appeal concerning the Protected Disclosures Act, 2014. The Court overturned the High Court and agreed unanimously that there is an arguable case of whistleblower penalisation but refused nonetheless to grant an interlocutory injunction on grounds of delay. An application will be made for the Supreme Court to hear a final appeal.

[2022] 33 E.L.R. 140 | [2022] IEHC 86: This is the first published decision of the High Court in the context of an interlocutory injunction application made under s.13 of the Protected Disclosure Act, 2014. The High Court held that there was no arguable case of whistleblower penalisation.

[2022] IEHC 309: The is the first published decision of the High Court in the context of discovery and s.13 of the Protected Disclosure Act, 2014. The Court granted extensive discovery to the client and full costs of the motion.

David also provided advices to the Executive Director following a criminal investigation which resulted in a direction given by the DPP to not prosecute: Independent

Ekaba v Leopardstown Park Hospital (WRC January 2022): Advices and representation provided for an employee in a claim for alleged unfair dismissal. This case was negotiated to settlement, the terms of which are confidential.

G4S Cash Solutions Ireland Ltd. v Merlusca (Labour Court September 2021): Advices and representation provided for an employee in an appeal brought by the employer against an adjudication of unfair dismissal and an award made in the WRC. This case was negotiated to settlement, the terms of which are confidential.

Byrne v St. Patrick’s Mental Health Services (WRC August 2021): Advices and representation provided for an employee in a claim for alleged constructive dismissal. This case was negotiated to settlement, the terms of which are confidential.

Dermody v The Good Food Store Ltd. (WRC July 2021): Advices and representation provided for an employee in a claim for alleged constructive dismissal. This case was negotiated to settlement, the terms of which are confidential.

Irish Medical Council Hearing (November 2020): Advices and representation provided 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 a licence to practice medicine.

Taxation Law

A Taxpayer v The Revenue Commissioners (Tax Appeals Commission March 2023): Advices and representation provided for a taxpayer who appealed against an assessment made by Revenue of €390,000 (including interest and penalties) in respect to CAT for an agricultural holding gift. He negotiated a full and final settlement with no tax liability arising for the client whereby Revenue conceded the entitlement to agricultural relief under s.89 of CATCA.

Property and Commercial Law

Shareholders Agreement (December 2023): Advices and review provided in respect to a shareholder agreement governing an intended merger between two accountancy practices.

Commissioner of Public Works v Conyers (Circuit Court / High Court November 2023): Advices and representation provided to private client’s in their appeal (made pursuant to s.22(1) of the Landlord and Tenant (Ground Rents) Act 1967) against the decision of the County Registrar that had granted the OPW the right to enlarge their leasehold interest to fee simple.  The Circuit Court allowed the client’s appeal and remitted the matter to be heard by a different County Registrar. David successfully negotiated a settlement regarding the client’s further appeal to the High Court on the issue of costs.

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

Share Purchase Agreement (March 2022): Advices and drafting provided for a shareholder and in which I negotiated the sale of his shareholding in the company for €100,000.

Judicial Review

Nash v DPP [2021] IEHC 522: Advices and representation provided to a client charged with a criminal offence. This is the first published decision of the High Court confirming 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. Full costs were awarded to the client.

Cash v Governor of the Dóchas Centre (High Court October 2020): Advices and representation provided in this successful application made pursuant to Article 40.4°of the Constitution whereby Orders were granted releasing the woman from unlawful custody. Full costs were awarded to the client.

Giltrap v Children’s Health Ireland (High Court (JR) October 2021): Advices and representation provided for an employee seeking a mandatory order to be furnished with an unredacted copy of an independent investigation report. This case was negotiated to settlement, the terms of which are confidential.

Criminal Law

DPP v A (Circuit Criminal Court June 2023): Advices and representation provided to the defendant charged with an offence contrary to s.15 of the Criminal Justice (Public Order) Act 1993 (violent disorder). After the trial had commenced, David successfully argued for the discharge of the jury. A new trial will be scheduled at a future point in time.

DPP v Duibi (Dublin District Court – June 2023): Advices and representation provided whereby the charge for an offence contrary to s.19(3) of the Criminal Justice (Public Order) Act 1993 (obstruction of a garda) was struck out on grounds of non-continuity / non-unity of trial. (District Court Appeal November 2023): Advices and representation provided whereby sentence for a second no insurance conviction was reduced.

DPP v Cryan (Circuit Criminal Court March 2023): Advices and representation provided whereby the defendant entered a plea of guilty to indictable offences contrary to s.15 of the Misuse of Drugs Act (possession of drugs for sale or supply) leading to a fully suspended custodial sentence which included a condition to voluntarily leave this jurisdiction.

DPP v A (Dublin District Children’s Court February 2023): Advices and representation leading to the strikeout of a public order charge against a juvenile.

DPP v Coveney Ryan (Circuit Criminal Court November 2022): Advices and representation provided whereby the defendant entered a plea of guilty to indictable offences (threats to kill or cause serious injury) and received a partially suspended custodial sentence. See press reports: Irish Times (November 2022) | Irish Times | Donegal Live (October 2022)

DPP v O’Domnhaill (Tallaght District Court February 2022): Advices and representation leading to an acquittal, following a full hearing, against an assault charge under s.2 Non-Fatal Offences Against the Person Act, 1997.

Nash v DPP (District Court Appeal – Midland Circuit March 2022): Advices and representation leading to a successful appeal against convictions imposed in the District Court for offences contrary to s.6 and s.19 Criminal Justice (Public Order) Act, 1994 (threatening, insulting and abusive behavior and resisting arrest).

DPP v BK (Dún Laoghaire District Court November 2021): Advices and representation leading to a strikeout of a charge brought under s.33(1) Domestic Violence Act 2018 (breach of a barring order).

DPP v McDonagh (Kilkenny District Court July 2021): Advices and representation leading to a suspended sentence following a plea of guilty to offences contrary to s.3 Criminal Damage Act (threatening to damage a garda patrol vehicle), a strikeout of a charge for actual criminal damage and a charge for obstructing a search (s.21(4) Misuse of Drugs Act) was taken in to consideration.

DPP v Molloy (Castlebar District Court December 2021): Advices and representation leading to a fully suspended sentence following a plea of guilty to offences contrary to s.3 Prohibition of Incitement To Hatred Act 1989.

DPP v Sheridan (Dublin District Court May 2020): Advices and representation leading to strikeout of charges for offences contrary to the Road Traffic Act 1961 (hit and run, no insurance and no licence) on grounds of inordinate prosecutorial delay.

DPP v McDonald (Swords District Court November 2020): Advices and representation leading to a direction of no case to answer against charges for offences pursuant to s.4 and s.6 Criminal Justice (Public Order) Act, 1994 (intoxication and threatening abuse or insulting behavior).

DPP v Brannigan (Portlaoise District Court October 2020): Advices and representation leading to a direction of no case to answer against a charge under to s.19 Criminal Justice (Public Order) Act, 1994 (trespass).

DPP v Dowling (Castlerea District Court September 2020): Advices and representation leading to a fully suspended sentence following a plea of guilty to offences contrary to s.12 Criminal Justice (Theft and Fraud Offences) Act, 2001 (burglary).

DPP v McCarthy (Dublin District Court July 2020): Advices and representation leading to 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).

DPP v PB (Dublin District Court July 2020): Advices and representation leading to a direction of no case to answer against a charge for an offence contrary to s.33(1) Domestic Violence Act 2018 (breach of a barring order).

DPP v NB (Dublin District Court July 2020): Advices and representation leading to a fully suspended sentence following a plea of guilty to an offence contrary to s.33(1) Domestic Violence Act 2018 (breach of a barring order).

DPP v TR (Blanchardstown District Court March 2020): Advices and representation leading to a direction of no case to answer against a charge for an offence contrary to s.33(1) Domestic Violence Act 2018 (breach of a barring order).

DPP v Davey (Blanchardstown District Court March 2020): Advices and representation leading to a dismissal of charges for offences contrary to the Road Traffic Acts (no drivers licence, no insurance and failure to produce).

Family & Child Care Law

A v B (Limerick Family Circuit Court – January 2023): Advices and representation for the applicant wife and mother in divorce proceedings. This case was negotiated to settlement for divorce along with ancillary reliefs including child custody / care arrangements, family home purchase, pension and other financial matters.

H v B (Dublin Family Circuit Court – October 2022): Advices and representation for the husband and father in judicial separation proceedings and his counterclaim for a divorce. This case was negotiated to settlement for divorce along with ancillary reliefs including child custody / care arrangements, family home purchase, pension and other financial matters.

A v B (1) [2021] IEHC 96 and A v B (2) [2021] IEHC 119: Advices and representation provided for the husband and father in separation, international relocation proceedings and interim access. It involved a forum non conveniens matter on the basis of separation proceedings also existing in the U.S.A.

The Commissioner of An Garda Síochána intervened in the family law proceedings to assert investigative privilege over recordings to aid the proper investigation of allegations of assault and coercive control made by the wife against the husband. The client succeeded in defeating the asserted privilege and obtained an Order for non-party discovery of the recordings to be made by the Commissioner.

This case is the first time the High Court decided 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.

The Court of Appeal heard the Commissioner’s appeal on a point of law of public importance (despite the mootness of the issue in the family law matters which had settled). We were appointed by the Court of Appeal to appear as legitimus contradictor to the Commissioner’s appeal  The appeal hearing occurred on 17 November 2022 with judgment reserved.

AC v JK (District Court Appeal – Midland Circuit July 2021): Advices and representation provided for the respondent in this appeal against a safety order granted by the District Court pursuant to s.6 of the Domestic Violence Act 2018. This case was negotiated to settlement on terms which are confidential.

BK v NK (District Court Appeal – Midland Circuit July 2021): Advices and representation provided to the 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.

Tusla v HMcD (Portlaoise District Court (September 2020 to March 2021): Advices and representation provided for 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.

Peer Reviewed Journals

• Juvenile admission subject of High Court ruling – Law Society Gazette (11 July 2023)
• The Ingredients of Whistleblower Protections – Irish Employment Law Journal – (2022) 19(2) 49-59 I.E.L.J. 
• When is a disclosure actually protected? (2022) (Jan/Feb) Law Society Gazette (Cover Article) | Web Version
• Costs and the “entirely successful” test – (2020), 25(6), 167-169 Bar Review (Cover Article)

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)

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
• Employment Bar Association
• Probate Bar Association
• PELGA
• PRBDA
• Family Lawyers Association of Ireland
• Criminal Bar Association
• Sports Law Bar Association
• EU Bar Association
• Tort & Insurance Bar Association
• Tax Bar Association
• Financial Services Bar Association
• Commercial Litigation Association