Organisation information
Constitutional and State Litigation
From Chief State Solicitor’s Office
Published on
Last updated on
From Chief State Solicitor’s Office
Published on
Last updated on
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 a percentage being appealed to the Court of Appeal or the Supreme Court.
Issues of law dealt with in the context of these cases include:
The EU Law Section handles European Union litigation, including legal proceedings before the Court of Justice, General Court, European Free Trade Association (EFTA) Court and Aarhus Convention applications. The cases involve participating in preliminary references from Ireland and other Member States, intervening in direct actions concerning EU institutions, and defending infringement proceedings brought against Ireland.
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 product, non-delegated personal injury (excluding Garda claims), non-party discovery, and appeals to the High Court by persons infected with Hepatitis C or HIV through contaminated blood products. The claims are primarily in the Jury, Non-jury or Personal Injury lists in the High Court and in the Circuit Court (in Dublin and in provincial circuits).
The Section also represents Ministers and Departments before Tribunals of Inquiry, Commissions of Investigation and other statutory inquiries.