Sara Phelan SC

Sara Phelan is a Senior Counsel with a broad breadth of practice areas, primarily in the Superior Courts.

Sara was called to the Bar in 1996, having previously qualified (TCD, 1988) and practised as a pharmacist for a number of years.  She took silk (became a Senior Counsel and Member of the Inner Bar) in 2013 and became a Bencher of the Honorable Society of King’s Inns in March 2023.  In March 2019, Sara was admitted to the Bar of England & Wales and is a member of Middle Temple.  Sara was also admitted to the Bar of Northern Ireland in March 2023.

As Junior Counsel, Sara practised primarily on the South Eastern Circuit and, since taking silk in 2013, has a broad legal practice, including personal injury/medical negligence law, crime, child/family law and judicial review/non-jury, with further interests in chancery, probate and mental health matters.  Sara is also a qualified Mediator (CEDR) and Arbitrator (FCIArb) – see ‘Alternative Dispute Resolution (ADR) Expertise’ below.

• Sara is an elected member of the Bar Council of Ireland (since 2019) and was elected Chair of the General Council of the Bar of Ireland on the 6th July 2022. Sara commenced her term of office as Chair on the 12th September 2022.
• Sara was previously Chair of the Bar of Ireland Professional Practices Committee (2020/21 & 2021/22) and the Bar of Ireland Arbitration & ADR Committee (2019/20).
• Sara also chaired the Law & Women Mentoring Programme (under the auspices of the Equality & Resilience Committee) from July 2019 to October 2022 and is a faculty member of the Bar of Ireland Advanced Advocacy Programme.  Sara is also a former Mental Health Tribunal Chairperson (November 2016 to October 2022).

From an extra-curricular perspective, Sara is a dog-lover, keen swimmer, fledgling white water kayaker, and self-professed foodie, in addition to being an avid reader and lover of music, theatre and all things travel-related!

Administrative law

• LM v. CFA & ors [2023] IEHC 289
• Feeney & anor v. Waterford City and County Council [2020] 2 IR 745, [2020] IEHC 116

Personal Injury

• Bennett v. Codd [2020] IEHC 554 – publication restrictions applied
• LC v. DC [2018] IEHC 449
• Ahearne v. Tuohy [2017] IECA 308, [2018] IESCDET 90
• Power v. Eustace [2017] IEHC 259

Family Law

• Garda Jarlath Burke v. G.M. & I.M., unreported, Faherty J, 03 Feb 20
• CO’S & anor v. Her Honour Judge Alice Doyle & ors [2014] 1 IR 556, [2013] IESC 60

Sentencing Appeals (Criminal)

• DPP v. Coughlan [2019] IECA 173
• DPP v. Harty [2018] IECA 318
• DPP v. Cullen [2018] IECA 283

Mental Health Act/Article 40 applications

• Mr M v. Clinical Director Dept of Psychiatry, Limerick University Hospital [2016] IEHC 25
• LB v. Clinical Director Naas General Hospital [2015] IEHC 34

Procedural applications

• Ellickson & ors v. Walsh & anor [2023] IEHC 277
• O’Dowd v. Gavin [2018] IEHC 150

A selection of articles published since Sara took silk in 2013 are listed below and the articles referred to may be accessed by clicking on the title of the article.

• Message from the Chair – The value of connection, The Bar Review 2023, 28(3), 74
• Message from the Chair – Achieving equity, The Bar Review 2023, 28(2), 36
• Message from the Chair – Building a truly representative bar, The Bar Review 2023, 28(1), 4
• Message from the Chair – Coming back to court, The Bar Review 2022, 27(5), 119
• Message from the Chair – The value of independence, The Bar Review 2022, 27(4), 87
• Mentoring at the Bar – The Bar Review 2021, 26(5), 154-155
• Looking back to look forward – what are the issues around ethical standards for members of the independent referral bar in 2021 and beyond? [in conjunction with Dr Peter Stafford BL] – The Bar Review 2021, 26(3), 80-84
• In the interests of justice – The Bar Review 2020, 25(3), 83

A selection of speeches & lectures given since Sara took silk in 2013 are listed below.

Family Law

• Family Law Reform – live panel discussion – Law Society Conference, 14^th July 2023, Blackhall Place, Dublin
• The Family Courts Bill (PowerPoint presentation + paper) – Family Lawyers’ Association Circuit Conference, 15^th May 2023
• Proper provision & pension adjustment orders (PowerPoint presentation) – Circuit Court Judges’ Conference, 1^st April 2023, Dunraven Arms, Adare
• Family Law: What You Didn’t Even Know You Need to Know – live panel discussion – Solicitors’ Growth Summit, 21^st October 2022, Lyrath Estate Hotel, Kilkenny
• Family Law: Arbitration – live panel discussion – 5 Jurisdictions Family Law Conference, 28^th May 2022, Shelbourne Hotel, Dublin
• Family Law: Mediation (PowerPoint presentation + paper) – Law Society Finuas Skillnet, General Practice Update, 11^th November 2021, Hotel Kilkenny, Kilkenny
• High conflict custody disputes and inadequate welfare reports (PowerPoint presentation) – Circuit Court Judges’ Conference, 1^st October 2021, Dublin Castle
• Succession law and ancillary reliefs (PowerPoint presentation + paper) – Family Lawyers’ Association Breakfast Briefing, 8^th June 2021 (via Zoom)
• Mediation in the context of family proceedings – a reflection on the Mediation Act 2017 (PowerPoint presentation + paper) – Family Lawyers’ Association Circuit Conference, 19^th April 2021 (via Zoom)
• Guardianship, Custody, Access – where are we now? Changes since the Children and Family Relationships Act 2015 (PowerPoint presentation + paper) – Family Lawyers’ Association Circuit Conference, 27^th April 2020 (via Zoom)
• Vulnerable witnesses (PowerPoint presentation) – Family Lawyers’ Association Seminar, 26^th March 2019
• Vulnerable witnesses – an Irish perspective (PowerPoint presentation) – The Four Jurisdictions Family Law Conference, 2^nd February 2019, Edinburgh

Mediation

• ADR, a panacea for all? – live panel discussion – Four Jurisdictions Conference, 10^th June 2023, Grand Central Hotel, Belfast
• Family Law: Mediation (PowerPoint presentation + paper) – Law Society Finuas Skillnet, General Practice Update, 11^th November 2021, Hotel Kilkenny, Kilkenny
• Dealing with lawyers in mediation (PowerPoint presentation) – Pre-recorded presentation for the King’s Inns Advanced Diploma in Mediation, 21^st September 2021
• Mediation in the context of family proceedings – a reflection on the Mediation Act 2017 (PowerPoint presentation + paper) – Family Lawyers’ Association Circuit Conference, 19^th April 2021 (via Zoom)
• What next for mediation in Ireland – live panel discussion – CEDR Webinar, 28^th January 2021 (via Zoom)
• Mediation: contemporary issues – live panel discussion – LSDI, King’s Inns, 10^th January 2020, Dublin

Tort

• Tort & Insurance Bar Inaugural Conference – live panel discussion on the duty of candour – Kylemore Abbey, Co Galway, 13th May 2023
• Annual Insurance Update – Reflections & Predictions – Mason Hayes & Curran LLP, 12th October 2022 [co-presentation with Maura McNally SC]

Ethics & Professional Standards

• Looking back to look forward – ethical standards of the independent referral bar in 2023 and beyond – Lawyers Against Homelessness CPD Seminar, Capuchin Day Centre, 13^th July 2023
• Legal Ethics in the US & Ireland – live panel discussion – Chicago Bar Association in Dublin, 17th April 2023
• Has the pandemic infected or enhanced advocacy, access to justice and the rule of law? – Forum for Barristers & Advocates, live panel discussion – International Bar Association Conference, Miami, 2nd November 2022
• Ethics – presentation on ethics – fundraising Seminar in aid of the Capuchin Day Centre, Bow St, Dublin 7, 7th July 2022
• Dignity at Work Protocol and Disciplinary Regulations – presentation on the interplay between the Bar of Ireland DAW Protocol and the Bar of Ireland Disciplinary Regulations – Bar of Ireland CPD Seminar, 22nd June 2022
• Ethics and the independent referral bar – live panel discussion with Prof Philippe Sands KC, Dr Chris Cowley UCD and chaired by Ms Justice Mary Rose Gearty – Bar of Ireland Webinar, 13th October 2021 (via Zoom)
• Looking back to look forward – ethical standards of the independent referral bar in 2021 and beyond (PowerPoint presentation linked to Bar Review article – The Bar Review 2021, 26(3), 80-84) – Bar of Ireland/South Eastern Circuit CPD Conference, 26^th April 2021 (via MS Teams)

Employment Law

• Objective Justification & Age Discrimination (PowerPoint presentation + paper [in conjunction with Katherine McVeigh BL]) – Employment Bar Association Annual Conference, 25^th November 2020 (via MS Teams)
• Data protection from a barrister’s perspective – practical tips & guidance (PowerPoint presentation) – Employment Bar Association Breakfast Briefing, 13^th February 2019, Dublin

ePractice

• Going Paperless – live panel discussion – Bar of Ireland Webinar, 1^st May 2020 (via MS Teams)
• A Paperless Office – Bar of Ireland Webcast, 16^th April 2020
• Practice Management Conference (PowerPoint presentation on a paperless practice) – Bar of Ireland, 11^th October 2019, Dublin

Data Protection

• Data protection from a barrister’s perspective – practical tips & guidance (PowerPoint presentation) – Employment Bar Association Breakfast Briefing, 13^th February 2019, Dublin
• GDPR – an update (PowerPoint presentation) – Association of Consulting Forensic Engineers, 20^th April 2018, Dublin
• Data protection developments – counsel’s obligations (PowerPoint presentation) – Bar of Ireland/South Eastern Circuit CPD Seminar, 14^th March 2018, Kilkenny

Miscellaneous

• International Commercial Litigation in the Irish Courts – live panel discussion, Clark Hill LLP, One Prudential Plaza, 130 East Randolph St, Chicago, IL 60601, 7th September 2023
• Access to Justice Conference – “Community Outreach, Empowering Communities” – presentation and panel discussion, The Printworks, Dublin Castle, 25th February 2023
• The Bar of Ireland, Human Rights Award (recipient: The National Traveller Mental Health Network) – presentation on context, law, socio economic rights & call to action, The Gaffney Room, 24th November 2022
• Pro Bono Week Launch – “Shaping the Pro Bono Landscape in Ireland” – presentation and panel discussion, Deloitte, 21st November 2022

Sara has also given opening addresses at, and has chaired, numerous conferences, seminars & webinars on a variety of topics including medical negligence, ethics, arbitration & mediation.

Sara has a strong sense of justice and fairness, together with a social conscience, and throughout her career, Sara has demonstrated an interest in, and willingness to assist, the marginalised and disadvantaged and the more vulnerable members of society.

To this end, Sara is a founding signatory of Pro Bono Pledge Ireland (see http://probonopledge.ie/founding-signatories/) and is wholly committed to undertaking pro-bono & voluntary work where appropriate.

From a volunteering perspective, Sara is an elected member of the Bar Council of Ireland (since 2019) and prior to taking up office as Chair of the Bar of Ireland on the 12th September 2022, Sara was Chair of the Bar of Ireland Professional Practices Committee (2020/21 & 2021/22), having previously chaired the Arbitration & ADR Committee (2019/20).  Sara also chaired the Law & Women Mentoring Programme (under the auspices of the Equality & Resilience Committee) from 2019 to 2022, and she is a member of various other Bar Council Committees and the Council of King’s Inns.

As Chair of the Bar of Ireland, Sara also sits on the Bar of Ireland VAS (Voluntary Assistance Scheme) Committee, the Denham Fellowship Committee, and the board of the DDRC (Dublin Dispute Resolution Centre), together with sitting on the Courts Service Board, the Judicial Appointments Advisory Board and the LSRA (Legal Services Regulatory Authority) Patents of Precedence Advisory Committee.

Sara is also a member of the Civil Legal Aid Review Group, chaired by former Chief Justice Frank Clarke SC.

Sara is a faculty member of the Bar of Ireland Advanced Advocacy Programme and has partaken in both ‘train the trainer’ training and participant training on a number of advanced advocacy training courses.

Extra-curricularly, Sara was a Mental Health Tribunal Chairperson for two terms (from November 2016 to October 2022) and chaired the Kilkenny School Project Board of Management from November 2015 to October 2019.  More historically, Sara was a board member of the Amber Refuge in Kilkenny and provided legal information services for the Citizen’s Information centre in Kilkenny for a number of years.

• Sara has a significant interest in ADR and particularly in mediation and arbitration.

Mediation

Sara first became interested in mediation in 2005 when she undertook training with the Bar Council and she subsequently trained in mediation advocacy with Mediate Ireland in 2010.  This then led to further and more intensive ‘mediation skills training’ in 2012 with CEDR (in London), leading to mediator accreditation.  She has since kept in contact with CEDR, from a CPD/networking perspective and is one of only three Irish members of the CEDR International Mediator Panel.  Sara is also a member of the Mediators’ Institute of Ireland and an associate member of GEMME (European Association of Judges for Mediation).

Sara is regularly called upon to mediate in a wide variety of disputes, including professional negligence, business relationship disputes, probate/succession law, contractual disputes, consumer issues, and equity/boundary disputes.

See https://www.themii.ie/members/profile/1190 and https://www.cedr.com/about-us/people/sara-phelan/

Arbitration

Sara is a fellow of the Chartered Institute of Arbitration (FCIArb) and a member of Arbitration Ireland.

In tandem with chairing/being a member of the Bar Council Arbitration/ADR Committee, Sara undertook the Professional Diploma in Arbitration, UCD 2020, graduating with distinction and she is currently spear-heading an initiative [in conjunction with the Family Lawyers’ Association and the CIArb (Irish Branch)] to examine the feasibility of (and hopefully facilitate the development of) family law arbitration in Ireland.

Sara is a highly qualified, very experienced, enthusiastic, eloquent and expert lawyer, with a very strong academic and practical record.  She is committed to excellence and has an ability to think logically, evaluate, analyse, interpret, assimilate and disseminate complex facts, expert opinion and legal principles in a very clear manner.

Sara is known by her colleagues to be forthright, decisive and strong-minded, but non-partisan, and she has an ability to connect with people from all backgrounds and walks of life.  Given the broad nature of her practice, she also has the privilege of dealing with clients from many differing socio-economic and ethnic backgrounds, and this has allowed her to develop insight into the lives and fortunes of others, that she may not have developed had she had a more narrow practice/client-base.

In her practice Sara deals with many vulnerable individuals (for example, young persons and individuals with cognitive impairment) and cases of a sensitive nature (such as family law cases, civil sexual abuse claims and criminal prosecutions for sexual assault) and she consistently demonstrates an ability to exercise absolute discretion and an empathetic approach to such individuals/cases.  Sara’s interest in, and commitment to, vulnerable individuals is borne out by the presentation she gave to the Four Jurisdictions Family Law Conference in Edinburgh in February 2019 and in the fact that she has attended vulnerable witness advocacy training organised by the Bar Council (Advanced Advocacy Conference Handling Vulnerable Witnesses, 7^th January 2016).  More recently, Sara has participated in, and completed, the inaugural Vulnerable Witness Training Programme (three sessions in total) organised by the Bar of Ireland arising out of the recommendations contained in the O’Malley Report (July 2020) on the Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences.