Constitutional and State Litigation

The Commercial and Constitutional Section is responsible for the defence and prosecution of a wide range of civil actions ranging from constitutional challenges in plenary proceedings, Article 26 proceedings, litigation in commercial disputes involving the State, dealing with family status cases and injunctions arising in all of these case types.

The family status cases are generally dealt with in the Circuit Court while most other cases go to full plenary hearing in the High Court/Commercial Court with some being appealed to the Court of Appeal or the Supreme Court.

The legal issues arising are many and varied. Examples include commercial law, constitutional law, contract, electoral law, housing, human rights and intellectual property. The constitutional law matters include Article 26 references by the President to the Supreme Court for a ruling on the constitutionality of new legislation.

The EU Law Section handles European Union litigation, including legal proceedings before the Court of Justice or General Court instituted by the European Commission in direct actions, and cases in which Ireland intervenes in proceedings involving another Member State or EU institution.

The Section also deals with European Free Trade Association Court and Aarhus Convention applications.

The General Litigation Section deals with claims in tort where the plaintiffs are primarily seeking damages for negligence, breach of duty (including statutory duty), breach of constitutional rights, personal injury and breach of Convention rights.

This includes claims in respect of defamation, breaches of GDPR, unlawful detention, trespass, assault by prison officers, defective products, non-delegated personal injury (excluding Garda claims) and non-party discovery. The claims are primarily in the jury, non-jury or personal injury lists in the High Court and in the Circuit Court nationwide.

The Section also represents Ministers and Departments before Tribunals of Inquiry, Commissions of Investigation and other statutory inquiries.