People
A Client Choice™ award winner and recommended by Legal 500, Niall is a litigation partner on our Tier 1 ranked Public, Regulatory & Investigations team.
Amongst other things, he shares his industry-leading experience and expertise with clients in the regulatory sphere. A large part of his practice is in the areas of sectoral and professional regulation, and professional discipline. In particular, he advises clients extensively in the areas of financial services, utilities, aviation and legal services regulation. Here, he assists both regulators and regulated persons in navigating complex issues, including compliance, regulation, supervision, investigation and enforcement. He frequently advises and represents clients in optimally navigating through regulatory and other investigations and inquiries. This includes guiding clients on the exercise of regulatory powers, the procedures to be followed, the rights and obligations of the parties involved, and on the extent of information and document-provision that can be expected or required.
Specialties
- Public and Administrative Law
- Regulatory Law
- Disciplinary Law
- Litigation (Judicial Review; Statutory Appeals; Plenary Proceedings)
- Investigations and Inquiries
- Information Law
- Freedom of Information
- Law of Evidence; Privilege; Disclosure
- Public Procurement
- Public Sector Corporate Governance
- Constitutional and European Convention on Human Rights Law
- Statutory Interpretation and Drafting
Representative Matters
- Successfully defending the Commission for Aviation Regulation in judicial review proceedings brought by Ryanair DAC against a direction to pay passengers compensation under EU Regulation 261/2004 for flight cancellations during a pilots’ strike of 2018
- Successfully defending the Solicitors Disciplinary Tribunal in both the High Court and the Court of Appeal against a challenge by a solicitor against a finding of misconduct, which had potentially far-reaching consequences for the regulation of solicitors and for the profession.
- Representing two EU-based tenderers in two separate public procurement judicial review actions challenging decisions of Irish Rail to award valuable railway contracts to third parties, with the successful resolution of one, and the on-going prosecution of the other.
Recommendations
Chambers & Partners, 2021
‘Niall has considerable experience on the defendant side of public law challenges to regulatory decisions.’
Chambers & Partners, 2020
Niall's ability to "provide reliable counsel under time pressure is truly impressive".
Speaking Engagements & Teaching
Lecturer on Public Affairs Ireland’s certificate course in Freedom of Information and on courses in Statutory Appeals and Judicial Review.
Regular trainer and lecturer on legal topics, in-house at client venues, or at MHC and other venues. Topics include FOI; judicial review; decision-making in the public sector; legitimate expectations; legal professional privilege; and professional regulation.
Authorship
• Contributing author to "Freedom of Information: Philosophy and Implementation" (Blackhall Publishing)
• Contributing author to "Freedom of Information: Law and Practice" (FirstLaw)
• Contributing author (Ireland Chapter) to “LEGAL PROFESSIONAL PRIVILEGE, Global Handbook” (third edition) (DLA; Published in association with the European Company Lawyers Association)
• Author of articles on judicial review, freedom of information, and other public law or dispute-resolution-related topics, such as the doctrine of legitimate expectations and legal professional privilege. Some are available on this website.
Areas of Expertise
Dispute Resolution General Data Protection Regulation Freedom Of Information Public, Regulatory and InvestigationsEducation
University of Dublin, Trinity College, (BA Mod Legal Science)
University of Cambridge, England (LLM)
Honorable Society of King's Inns, Dublin (BL)