David Byrnes BL

Generally based in Dublin, David Byrnes BL has a mixed practice of civil law and criminal law. Solicitors instruct him to advise clients on contentious and non-contentious matters and to also appear for clients in all divisions of the Irish courts and in statutory tribunals.

Employment Law & Protected Disclosures & Regulated Professions

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

Solicitors brief David Byrnes BL as a specialist in the area of protected disclosures, unfair & wrongful dismissals, disciplinary procedures and employment equality. Clients include rank and file members, middle, upper and senior management in An Garda Síochána and he has also appeared on behalf of senior executive management at the Protected Disclosures Tribunal of Inquiry held at Dublin Castle. He has advised and represented medical doctors before the Medical Council to include for the purpose of avoiding an application being made by the Council to the High Court for the immediate and necessary suspension of registration to protect the public.

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.

He has advised and 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.

He has advised or appeared in a range of tort disputes to include negligence, medical 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 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 Skydiving Team.

Criminal Law

Member of the Irish Criminal Bar Association.

He 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.

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 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 live 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 criminal (including rape, coercive control and violent disorder).

Recent examples completed cases or legal services work include:

Employment Law

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

A Worker v A Football Club (WRC September 2023): Advices and representation provided to a barman who made a claim for unfair dismissal. I 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 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 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 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 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. These cases were negotiated to settlement for a six-figure sum, the terms of which are confidential.

Dunne v Deegan t/a Finnstown Childcare (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.

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.

Commercial Law

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, I successfully argued for the discharge of the jury. Anew 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.

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