Pinsent Masons, sponsors of the ISCR

The Irish Supreme Court Review (ISCR), hosted by the School of Law, Trinity College Dublin, and sponsored by Pinsent Masons, is a forum for in-depth analysis of the functions and jurisprudence of the Supreme Court of Ireland. It consists of a conference in late September or early October each year, a journal of the conference proceedings, and a comprehensive website. The papers at the conference and in the journal consider major themes in the work of the Court and its leading cases in the previous legal year, while the content on the website comments on the work of the Supreme Court throughout the year.


The first annual ISCR conference will be held on Saturday 6 October 2018 in Trinity College Dublin. All are welcome to attend. Thanks to the generosity of our sponsors, Pinsent Masons, attendance is free; but registration via Eventbrite is essential. We regret that event is booked out; the waiting list is full; and registration is now closed.

At the conference, the first panel will reflect on the role of the Supreme Court, especially as it debates matters with other international and apex courts. Three further panels will discuss the top dozen or so leading cases of the Court’s 2017-2018 legal year. The first annual ISCR journal will be published by Clarus Press on behalf of the School of Law, Trinity College Dublin.

NLI harvest

The conference is presented in association with Trinity College Dublin’s Centre for New Irish Studies, which is part of the Making Ireland research theme hosted by the Trinity Long Room Hub Arts and Humanities Research Institute. The Hub is dedicated to advancing TCD’s rich tradition of research excellence in the Arts and Humanities, on an individual, collaborative and inter-disciplinary basis. Multiple Irelands have been fashioned through the ages; and the Making Ireland research theme explores this profoundly complex inheritance in its local and global manifestations.


The conference will be held in the Thomas Davis Lecture Theatre, Room 2043, Arts Building, Trinity College Dublin (map and directions).

Unfortunately, visitor parking is not available in College. Both ParkRite and Q-Park have car parks near College and can be recommended to visitors.


09:00  Registration

09:30 Welcome

Professor Mark Bell, Regius Professor of Law and Head of the School of Law, Trinity College Dublin

09:35 Panel 1   

Chair: The Hon Mr Justice Murray (Chief Justice, 2004 to 2011)

Chief Justice Frank Clarke (Supreme Court of Ireland) “Apex court dialogue: the view from Dublin”

Brice Dickson (Queen’s University Belfast) “How does today’s Supreme Court conceptualise human rights?”

Kieran Bradley (formerly: Civil Service Tribunal, Court of Justice of the European Union) “International and other apex courts: a view from Luxembourg”

Aileen Kavanagh (University of Oxford) “The Role of Courts in the Collaborative Constitution”

11:00  Tea, coffee & pastries

11:30 Panel 2  

Laura Cahillane (University of Limerick) “Principles, policies and fair procedures after Crayden Fishing Company Ltd v Sea Fisheries Protection Authority [2017] IESC 74 (12 December 2017) and O’Sullivan v Sea Fisheries Protection Authority [2017] IESC 75 (12 December 2017)”

Colm Ó Cinnéide (University College London) “Securing Rule of Law in the Immigration Quicksand: Luximon & Bachand v Minister for Justice & Equality [2018] IESC 24 (24 April 2018)”

Catherine Donnelly (Trinity College Dublin) “Reflecting on Relationships while Waiting for the Greek Kalends? SPV Osus Ltd v HSBC Institutional Trust Services (Ireland) Ltd [2018] IESC 44 (31 July 2018)”

13:00  Light Lunch

14:00 Panel 3 

Chair: The Hon Ms Mary Laffoy (Judge of the Supreme Court, 2013 to 2017)

Paul Daly (University of Cambridge) “Substantive Review in Administrative Law in Ireland and Beyond: AAA v Minister for Justice [2017] IESC 80 (21 December 2017)”

Elaine Fahey (City, University of London) “An EU Law Perspective on Data Protection Commissioner v Facebook Ireland Ltd [2018] IESC 38 (31 July 2018)”

Brian Flanagan (Maynooth University) “Ireland’s Call: Junior Books or Hedley Byrne? (Halftime in) Bates v Minister for Agriculture, Fisheries & Food [2018] IESC 5 (07 February 2018)”

Ailbhe O’Neill (Trinity College Dublin) “Open Justice Revisited: Sunday Newspapers Ltd v Gilchrist and Rogers [2017] IESC 18 (23 March 2017)”

15:30  Tea, coffee & pastries

16:00  Panel 4

Chair: Eoin O’Dell (Trinity College Dublin)

Suzanne Kingston (University College Dublin) “‘Mallak-Plus’: The Emergence of an Enhanced Duty to Give Reasons in Connelly v An Bord Pleanála [2018] IESC 31 (17 July 2018) and [2018] IESC 36 (30 July 2018)”

David Kenny (Trinity College Dublin) “Developing the Law on Unconstitutionally-Obtained Evidence in the Civil (and Criminal?) Context: Criminal Assets Bureau v Murphy [2018] IESC 12 (27 February 2018)”

Yvonne Daly (Dublin City University) “Detained Suspects, Prepared Statements and the Right to Silence: Director of Public Prosecutions v M [2018] IESC 21 (21 March 2018)”

Oran Doyle (Trinity College Dublin) “The Supreme Court, Legal Certainty and Referendums: M v Minister for Justice & Equality [2018] IESC 14 (07 March 2018)”

17:25 Closing remarks

Ann Henry, Partner, Pinsent Masons, Dublin

17:30  Conclusion


Thanks to the generosity of our sponsors, Pinsent Masons, attendance is free; but registration via Eventbrite is essential.

The ISCR reserves the right to make changes to the programme.

CPD points will be available.


TCD logo for School of Law, TCD, hosts of the ISCR

Chair of the ISCR: Eoin O’Dell
Co-Directors of the Conference: David Kenny and Andrea Mulligan
Editor of the Journal: Patricia Brazil
Treasurer: Oran Doyle
Webmaster: Sarah Hamill
Head of School: Mark Bell ex officio
School Administrative Manager: Catherine Finnegan ex officio
Catherine Donnelly, Niall O’Hanlon, Ailbhe O’Neill.

Postgraduate interns: Conor Casey, Roisin Costello, James Rooney.

Contact us via email or follow us on Twitter at #ISCR18 and @_ISCR.