David studied at University College Dublin and Trinity College Dublin and qualified as a Solicitor in 1978 and holds a Diploma in European Law.
David is the head of the firm’s property and probate departments. He has recently stepped down as Managing Partner, a title which he held for 18 years, in order to focus on his expanding client base and to concentrate on his commitments as a newly elected member of the Law Society of Ireland’s Council. He has over 30 years’ experience as a property solicitor and as such is the longest serving property law Solicitor in County Wicklow and is the principal advisor to the agricultural community in the region.
David’s experience and reputation is such that colleagues often refer complex property and commercial matters to him. Whilst advising private clients on general property matters, David specialises in the areas of Commercial Property, Commercial Leases, and has amassed considerable experience in the areas of Agricultural Property (to include easements and rights of way), Wills, Trusts, Estate Planning, Corporate Restructuring, and Commercial Lending. David makes regular contributions to the community by way of articles, presentations and seminars.
David has a particular expertise in negotiating large commercial and retail leases. His clients include developers whom he advises on the acquisition, construction, finance and development of large-scale mixed use schemes. He also advises on a range of property structures including private healthcare schemes.
David was an integral advisor regarding the compulsory purchase of the lands adjoining the N11 motorway.
We received your letter of 2 May 2013 and the copy of the Folio. We are all delighted to receive this news and very happy to see the deeds. We thank you and all at Augustus Cullen Law for the expert service we have received.
With many thanks,
Ray, Jean and Ray
Membership of Organisations
Member of the Law Society of Ireland’s Council
President of the Wicklow Solicitors Bar Association
Fellow of the Institute of Chartered Secretaries
Former President of the Wicklow and District Chamber of Commerce
Former President Wicklow Rugby Club
Honorary President of Wicklow Rovers Football Club
David has served on the Boards of Management of numerous bodies.
Partner and Head of Medical Negligence Group
His reputation for fearlessly advancing his cases is well known and well founded.
A pre Eminent figure in plaintiff medical negligence offering clients a huge background of experience in handling complex and challenging medical claims.
He has become the foremost practitioner of his generation in this difficult and complex branch of the law.
Over the past 35 years he has specialised in the area of medical negligence and has been involved in many hundreds of medical negligence actions including many of the leading Irish medical negligence cases including the leading landmark case of Dunne v. National Maternity Hospital (where he acted for the Plaintiff). He has lectured extensively and has written numerous articles and book chapters. In addition, he has recently published a book on medical negligence law. He has successfully concluded many complex cases including approximately 90 birth injury, cerebral palsy and other catastrophic injury claims with multi-million pound/Euro awards for various infants and their families.
Narcolepsy / Swine Flu Vaccination and Pandemrix
Both Michael Boylan and Gillian O’Connor are currently handling over 65 cases of Pandemrix related Narcolepsy. Read more…
Cases Of Note in Past Ten Years:
Fitzpatrick -v- The National Maternity Hospital: In the year 2008 he was involved in the lengthiest ever birth injury cerebral palsy action with the Trial lasting 55 days, which was ultimately successful with an award of €4.5 million in favour of the infant Plaintiff
Myers -v- St. James’ Hospital: In 2009, Michael obtained one of the highest ever awards for personal injuries with an award of €6.5 million being made in the case of Myers –v- St. James’ Hospital for a catastrophically injured 50 year old woman who suffered her injuries due to an undiagnosed subarachnoid haemorrhage
In 2010-2011: He was involved in the successful trial and settlement of 6 cerebral palsy actions, a case for a catastrophically brain damaged woman arising from a ruptured aneurism and numerous other complex clinical negligence cases such as delay in diagnosis of cancer, poorly performed/delayed colorectal surgery, delay and failure to diagnose third degree tear and vaginal fistula, failure to treat Crohn’s Disease and poorly performed cosmetic surgery.
In 2012 Cian Brady –v- Rotunda Hospital: The Plaintiff sued for the negligent neonatal management of her baby who developed symptomatic hypoglycaemia. After 14 days at Trial the action settled, for €5.5 million plus costs
Jade Keane –v- HSE, National Maternity Hospital and Others. The Plaintiff suffered serious brain damage, consequent upon a 14 week delay in the diagnosis of developing neonatal hydrocephalus. Serial head measurements, showing abnormal head growth were not acted upon by various healthcare professionals. In 2012, after a 16 day trial liability to compensate the Plaintiff was admitted and the Plaintiff’s action settled for a sum of €4,750,000.
In 2013 Eoin Dunne -v- The Coombe Hospital A 10 year old boy who was deprived of oxygen following birth as a consequence of a negligent delay in the arrival of the paediatric staff to perform resuscitation. Liability was strongly disputed. Ultimately, Judgment was given in favour of the Plaintiff. Subsequently, interim damages were agreed to compensate the Plaintiff for a two year period of €2.9 million plus costs. In 2015 the case came back before the Courts for further assessment of damages with a further €11.4 million in damages awarded.
In 2014 Michael was involved in approximately 20 other catastrophic injury cases which settled with multi-million Euro interim awards of damages made and cases adjourned in anticipation of the enactment of Government legislation to permit Periodic Payment Orders.
In 2015, Michael was heavily involved in the prosecution of multiple actions suing both the State and the drug manufacturer in respect of children and adults suffering the effects of narcolepsy following the administration of the defective vaccine “Pandemrix”.
In 2016 Michael published a legal textbook entitled “A Practitioner’s Guide to Medical Negligence Litigation” which has been widely acclaimed. In April he concluded a trial for a child who suffered severe neurological and physical injuries as a consequence of delay in treating meningitis resulting in a record award of interim damages for a 3 year care package of 6.7 million euro. He has also achieved final settlement of lump sum damages for an eleven year old child with cerebral palsy of 11.4 million euro (with a likely further uplift of additional damages of at least 4m more to follow). In May he brought to trial and achieved a further award for a 16 year girl with CP an award of 7m. He continues his work for injured patients on a myriad of other serious medical negligence cases and continues to manage his specialist team of dedicated lawyers.
Membership of Organisations
Former Council Member of the Law Society of Ireland
Member of the Litigation Committee of the Law Society of Ireland
Member of Wicklow and Dublin Solicitors Bar Associations
Chairman of the Medical Injuries Alliance
Lecturer in Medical Negligence at the Law Society of Ireland and UCD School of Medicine
Member of Action Against Medical Accidents (AvMA)
Member of the President of the High Court’s working party on periodic payments and medical negligence reform.
Partner & Head of General Litigation
Head of the General, Professional Negligence and Commercial Litigation Group
Gus is a solicitor and litigation partner working in Augustus Cullen Law having qualified as a solicitor in 1987. He has since obtained further qualifications relevant to the requirements of litigation and dispute resolution. He is also trained and experienced in Collaborative Law, Arbitration, Conciliation and Alternative Dispute Resolution as well as being an Accredited Mediator.
His areas of specialisation include:
Commercial Litigation and Dispute Resolution
Pension and other Financial Service Disputes
Alternative Dispute Resolution and Litigation, Mediation and Collaborative Family Law
Health Care Dispute Resolution
Landlord and Tenant disputes
Family and Property Law
Wills, Family & Probate Dispute Resolution
Public International Law and Sovereign Immunity
Education, Equality, Special Needs
Ward of Courts Applications and representing vulnerable persons including Elder Abuse Disputes
Data Protection, Freedom of information, defamation, technology law and rights of access to and correction of inaccurate data, together with conflict between Constitutional Art 40(3) / ECHR Art 8 Privacy as against ECHR Art 10 Freedom of Expression including in social and mainstream media.
Relevant skills, experience and qualifications:
1984: BCL from University College Dublin
1987: Qualified from Law Society of Ireland as a Solicitor
2005: Certificate in Advanced Advocacy Skills from Law Society of Ireland & National Institute for Trial Advocacy
2006/2007: Collaborative Family Law training
2009: Diploma in Commercial Litigation (Merit) from the Law Society of Ireland
2010: Accredited Mediator (Mediation Forum of Ireland)
2011: Certificate in Human Rights from Law Society
2011: Certificate in International Arbitration & Alternative Dispute Resolution with the United Nations
2012: CEDR Mediation Advocacy Skills Course
2013: Law Society Certificate in Health Care Law
2014: Law Society Diploma in Mediation
2014/2015: Law Society Training Masters Workshops
2014/2015: Law Society Certificate in Intellectual Property and Information Technology
2016: Law Society Master Class in Probate Administration, Wills and Enduring Powers of Attorney
Gus has 29 years post qualification experience in presentation of cases to District Court, Circuit Court, and the Superior Courts together with WRC and Labour Court, Financial Services Ombudsman, Planning Board, Coroners and other Statutory Inquests. He has vast experience of dispute resolution lending wherever possible his enthusiasm, expertise and experience of Alternative Dispute Resolution including Mediation, Conciliation, Collaborative Law, Settlement Negotiation and Arbitration.
Gus has also contributed and gained valuable relevant experience from his involvement with professional committees including:
Member of Law Society of Ireland Guidance and Ethics Committee
Member of East Coast Collaborative Family Law Group
Member of Irish Centre for European Law
Former Member of the Complaints and Client Relations Committee of the Law Society of Ireland
Joice lectures and tutors regularly in Medical Law and Litigation at the Law Society on the professional practice course. Over the past 14 years Joice has practiced exclusively in the area of medical negligence and more recently has been primarily involved in catastrophic injury and birth injury cases. She has extensive experience of cases involving Interim Payment Orders in Ireland dating back to one of the earliest interim payments in a high value birth injury claim in May 2010. Joice has also handled very complex birth injury cases including those involving genetic and metabolic investigations by the Defendants.
Recent Cases of Note
Augustus Cullen Law secures €6 million lump sum payment for 20 year old Donegal Woman with Cerebral Palsy Read more.
Barry v National Maternity Hospital This birth injury claim, in which the minor Plaintiff was awarded very substantial damages, resulted in the first Judgment in this Jurisdiction on the issue of the calculation of damages for future accommodation for a catastrophically injured Plaintiff. The High Court Judgment was appealed by the Defendants to the Supreme Court, which handed down its Judgment on 13th July 2016 dismissing the Defendants Appeal.
Augustus Cullen Law secures €2.4m interim payment for 7 year old Girl with Cerebral Palsy Read more.
Augustus Cullen Law secures €11.6m payment for 14 year old Portlaoise Girl In this case for a catastrophically injured young girl, Joice secured a total lump sum payment of €11.6m with a likely further uplift of additional damages of approximately €2.9m on the basis of the Court of Appeal’s Judgment in the case of Gill Russell (a minor) suing by his mother and next friend Karen Russell –v- Health Service Executive. Read more.
Augustus Cullen Law secures €650,000 settlement for 7 year old Galway Boy This case involved a severe brachial plexus injury to the Plaintiff’s anterior shoulder. The case was very unusual on its facts and involved the relatively recent defence of maternal propulsive forces as being the cause of the child’s injury. Read more.
Augustus Cullen Law secures €2.15m lump sum settlement for 7 year old Dublin Boy Joice acted on behalf of Calum Taaffe in an unusual and complex birth injury claim where the Plaintiff’s condition was not typical for the alleged hypoxic ischaemic injury. The Plaintiff was also diagnosed as being on the Autistic Spectrum. Read more.
Augustus Cullen Law secures €1.9m lump sum settlement for 8 year old boy with developmental delay & Autistic Spectrum Disorder Read more.
Dealing with the Consequences of Marital Breakdown
Cohabitation Agreements and non-Marital Relationship Agreements
Administrative and Constitutional Law
Geraldine’s career began in London in the field of Social Work where she specialised in Child Protection work. During this time she also pursued her academic career in Brunel University and the London School of Economics and Political Science.
Geraldine was admitted to the role of Solicitors in England and Wales in 1997. She joined the internationally renowned Family Law Department at Mischon De Reya Solicitors London and specialised in Divorce, International Contact disputes and Inter-Country Adoptions. She continued to specialise in those areas while at Clintons Solicitors in London.
When Geraldine returned to Ireland (2002) she continued to practice in family law. She also developed a niche practice representing Guardians ad Litem appointed by the Court in proceedings where children are taken into State care. This complex area of law encompasses International Conventions and Treaties, the interpretation of the Irish Constitution, Statutory Provisions and Case Law. Geraldine also advises clients on Constitutional issues and on points of Administrative and Public Law such as Natural Justice and Fair procedures.
Geraldine has lectured for the Law Society of Ireland on Child Care and Family Law. She contributes articles on Family Law to National and International Law Journals. She has attended International Judicial Conferences and has presented her research to International Professors of Family Law. Geraldine has been involved in High profile cases where Judgements have significantly led to changes in the law.
Geraldine advises the internationally renowned children’s charity, Barnardos, on child related issues. The Charity supports children whose well-being is under threat, by working with them, their families and communities and by campaigning for the rights of children.
Membership of Organisations
Solicitors Family Law Association
Council Member for the Charity ‘The Queens Institute of District Nursing’ – a Charity which provides funding for children and adults requiring palliative care
Member of the Law Society Committee on Family and Child Law
Admitted as a solicitor of the Law Society in England and Wales
Gillian is an MA (Hons) graduate of University College Dublin and has been a practising litigation solicitor for over 30 years. Gillian joined ACL in 2001. Prior to this she ran her own successful private practice for over 10 years specialising in defending medical negligence actions on behalf of various health boards. She now specialises solely in complex medical negligence litigation with ACL.
Currently, Gillian O’Connor and Michael Boylan are involved in handling over 65 cases of Pandemrix related Narcolepsy. Read more…
Conroy –v– Rotunda Hospital
Lump sum damages award of €5,250,000 plus costs in 2009. Read more…
Sheehan –v– Dr David Corr
Again, in the area of Cerebral palsy arising from an Obstetricians failure to diagnose rhesus incompatibility disease (involving anti-E antibodies) during pregnancy, a two year interim award of €1.9million was made. October 2011 Read more…
After an 8 day Trial further interim award for two years only in the sum of €635,000 plus costs. November 2013 Read more…
Cian Brady –v– Rotunda Hospital
Cerebral Palsy arising from negligent mis-management of a neonatal infant with symptomatic hypo-glycaemia/hypothermia and not properly diagnosed. Infant suffered serious brain damage. Award of €5.5 million plus costs – 2012 Read more…
Malone –v– Our Lady’s Hospital For Sick Children and Others
Complex action concerning acquired neurological injury of an infant resulting from the excessive use of chemotherapy in treating childhood leukemia with an award of €2.7 million and costs. October 2008 Read more…
B –v– Nicholas Jermyn
Proceedings were initiated on behalf of the Plaintiff for failure to diagnose breast cancer resulting in mastectomy and removal of spleen. The case settled 2 months before Trial for the sum of €400,000.00 plus costs. September 2008
Interim award in February 2011 was €2.4 million and costs. Read more... April 2013, further interim award for one year only €310,000 plus costs. Read more… June 2014 – Third interim award for three years –€895,000 plus costs. Read more...
July 2017, Plaintiff Receives 4th Interim Award Totalling €1.6 million
Jamie lectures regularly in Medical Law & Litigation at the Law Society on the Professional Practice Course. Jamie has also lectured on the Post Graduate Diploma in Forensic Medicine at UCD and been invited to address a healthcare conference organised by a multinational medical devices and pharmaceutical company.
Recent Cases of Note
ACL secure €900,000 damages for Plaintiff for alleged long-term steroid over-dosage Read More
Augustus Cullen Law secure €1 million interim settlement and apology from Temple Street Hospital for 7 year old boy Read More
Neville v St Michael’s College & St Vincent’s UniversityHospital
Jamie acted on behalf of Lucas Neville in a medical negligence and personal injuries claim against St Michael’s College, Dublin and St Vincent’s University Hospital which was settled for €2.75 million on 24th March 2014. Lucas suffered a severe brain injury during the course of a rugby match against St Mary’s College, Rathmines in November 2009.
Unfortunately he had suffered a previous concussion which was not diagnosed at the Emergency Department of St Vincent’s University Hospital and had been returned to contact sports within the internationally approved protocol for management of head injuries in rugby of 21 days. Read More
Warnock v. National Maternity Hospital 2008/1296P This case concerned the failure on the part of a Specialist Registrar to diagnose a third degree perineal tear following an instrumental delivery at the Defendant hospital. The case was fully defended and the Plaintiff was ultimately successful following a 10 day trial before the President of the High Court. Read More
Davoren v. HSE & Others
This was a wrongful death claim brought by the widow of a farmer who tragically died in August 2003 at University College Hospital, Galway. Liability was eventually admitted some 7 years following his death and the case was heard before Mr Justice O’Neill in the High Court in November 2010 on the issue of damages. A novel claim was made by the widow that she and her four young children had lost an inheritance as a result of the admitted negligence of the Defendants. In a landmark judgment delivered by Mr Justice O’Neill in December 2011 damages of over €1.5 million and costs were awarded to the widow and her family. Read More
Darragh O’Leary Crowley v HSE
An interim payment of over €2.15 million and costs was achieved on behalf of the minor Plaintiff who suffers from severe spastic quadriplegic cerebral palsy arising out of the admitted negligence on the part of the Defendant for the management of his birth at the Mid-Western Regional Maternity Hospital in July 2005. Read More…
Neil qualified as a solicitor in January 2010 and worked in general practice where he was involved in a broad range of litigation matters before joining Augustus Cullen Law’s medical negligence team in 2012. Since joining Augustus Cullen Law, Neil has successfully concluded numerous medical negligence actions including catastrophic birth injury and spinal injury cases together with matters arising out the misdiagnosis of cancer, negligent surgical procedures, nerve damage, orthopaedic injuries and gynaecological injuries. Neil has also acted for a large number of patients who received DePuy hip implants which were the subject of a global recall in 2010 due to a defect in the product.
Neil has addressed the Oireachtas Health Committee on healthcare issues and has also lectured and tutored on the Law Society of Ireland’s Medical Law & Litigation course.