Niamh Hyland

Last updated

The Hon. Ms. Justice
Niamh Hyland
Judge of the High Court
Assumed office
2 December 2019

Niamh Margaret Hyland [1] is an Irish judge and lawyer who has served as a Judge of the High Court since December 2019. Prior to becoming a judge, she was a barrister and academic specialising in EU law.

Contents

Education

Hyland received her secondary school education at Newpark Comprehensive School. [2] She obtained an LL.B. degree from Trinity College Dublin and was elected a scholar of the university in 1987. [1] She achieved a BCL master's degree from the University of Oxford, attending Magdalen College. [3] [4] She later attended the King's Inns. [4]

She began her career as the Jean Monnet Professor of European Union law at Trinity College Dublin. She then worked in Luxembourg as référendaire to Donal Barrington at the Court of First Instance. [5] In 1996, she was appointed by the European Commission Representation in Ireland to provide legal advice on people's EU law rights. [6]

She was called to the Bar in 1994 and commenced practice in 1996. [3] [5] She became a senior counsel in 2012. [4] Her expertise was in aspects of EU and regulatory law, including public procurement, competition law, environmental law and sectoral specialisations in health, finance and telecommunications, and also advised on constitutional and administrative law. [7] She has appeared before the European Court of Justice. [8] Among clients she represented were Esat Telecom, AIG, IKEA, Vodafone, Facebook, Inc. and RTÉ. [9] [10] [11] [12] [13] [14]

In December 2010, she appeared with David Barniville for the Minister for Finance in the High Court regarding the nationalisation of Allied Irish Banks. [15] She represented Michael Lowry in a challenge to his costs arising from the Moriarty Tribunal. [16]

The Central Bank of Ireland employed Hyland as counsel in their inquiry into Irish Nationwide Building Society. [17]

She lectured at legal conferences and delivered a paper to the Citizens' Assembly in January 2018 on referendums in Ireland. [5] [7]

Outside of her practice, she was a member of the Bar Council and served on boards including The Rehab Group and Open Spectrum CLG. [4]

Judicial career

Hyland was appointed to the High Court in December 2019. [18] She has presided over cases involving data protection law, freedom of information law, environmental law, medical negligence, insolvency law, and company law. [19] [20] [21] [22] [23] [24]

She was part of a three-judge division of the High Court with the President of the High Court Mary Irvine and Denis McDonald in June 2020. The lead plaintiff Ivana Bacik took action against the Taoiseach to ask the court if Seanad Éireann could sit without its nominated members. [25] The three judges held that it could not. [26]

Personal life

She is married to singer, filmmaker and former member of The Fat Lady Sings Nick Kelly, who is the son of John M. Kelly. [27] [28]

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References

  1. 1 2 "List of Scholars". TCD Life. Retrieved 18 July 2020.
  2. ↑ "Newpark neophytes". The Irish Times. Retrieved 18 July 2020.
  3. 1 2 "MS NIAMH HYLAND SC". Law Library. Archived from the original on 14 November 2017. Retrieved 18 July 2020.
  4. 1 2 3 4 "Nominations for Appointment to the High Court". www.gov.ie. Retrieved 18 July 2020.
  5. 1 2 3 "Public Procurement Litigation: Practice and Procedure". TCD.ie. Retrieved 18 July 2020.
  6. ↑ "Barrister to give rights advice". The Irish Times. Retrieved 18 July 2020.
  7. 1 2 "Meeting of the Assembly on The Manner in Which Referenda are Held". Citizens' Assembly. Retrieved 18 July 2020.
  8. ↑ Case C-411/96 Margaret Boyle and Others v Equal Opportunities Commission (27 October 1998).
  9. ↑ Carolan, Mary. "Eircom brings High Court appeal against regulator's decision". The Irish Times. Retrieved 18 July 2020.
  10. ↑ "AIG entitled not to pay out on Lynn's insurance". The Irish Times. Retrieved 18 July 2020.
  11. ↑ "Ikea seeks injunction against kitchen installer". The Irish Times. Retrieved 18 July 2020.
  12. ↑ Carolan, Mary. "Vodafone sued over regulations breach". The Irish Times. Retrieved 18 July 2020.
  13. ↑ Carolan, Mary. "Facebook 'secretly' sent draft report to US government". The Irish Times. Retrieved 18 July 2020.
  14. ↑ O'Faolain, Aodhan. "European election candidates seek court orders over RTÉ debate". The Irish Times. Retrieved 18 July 2020.
  15. ↑ "Snow turns to hailstones as air of mystery shrouds activity in Court 19". The Irish Times. Retrieved 18 July 2020.
  16. ↑ "Lowry challenges decision to refuse him bulk of Moriarty costs". The Irish Times. Retrieved 18 July 2020.
  17. ↑ Brennan, Joe. "Central Bank refuses to reveal mounting legal bill for INBS inquiry". The Irish Times. Retrieved 18 July 2020.
  18. ↑ "Diary President Appoints Judges To The Supreme Court And The High Court Dec 2019". president.ie. Retrieved 18 July 2020.
  19. ↑ "Prisoner fails in challenge over prison's refusal to relase[sic] information". www.irishexaminer.com. Retrieved 18 July 2020.
  20. ↑ "Challenge against decision regarding Ibec submission to minister". www.irishexaminer.com. Retrieved 18 July 2020.
  21. ↑ "Climate group challenges refusal to grant free legal aid". Irish Examiner. Retrieved 18 July 2020.
  22. ↑ "High Court: HSE and St James' Hospital application to set aside renewal of PI summons denied". Irish Legal News. Retrieved 18 July 2020.
  23. ↑ "Landlords get court's permission for legal actions against Debenhams Irish arm". Breaking News. 15 June 2020. Retrieved 18 July 2020.
  24. ↑ "Disqualified accountant effectively controlled three companies, court told". The Irish Times. Retrieved 18 July 2020.
  25. ↑ "'Legal solution' sought to wrangle over Seanad composition". www.lawsociety.ie. Retrieved 18 July 2020.
  26. ↑ "High Court: Seanad cannot sit without Taoiseach's nominees". Irish Legal News. Retrieved 18 July 2020.
  27. ↑ "Poems at dinnertime". The Irish Times. Retrieved 18 July 2020.
  28. ↑ Clarke, Donald. "Former Fat Lady Sings frontman's first film draws on mental health issues". The Irish Times. Retrieved 18 July 2020.
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