Barrister Profile

Main Areas of Practice

Commercial Law
Mediation or Alternative Dispute Resolution
Personal Injury
Professional Negligence

Biography

Rory Donaghy has extensive experience in both High Court and County Court litigation. His main areas of practice are in Commercial and Personal Injury litigation. In his Commercial practice Rory has represented major financial institutions, small to medium sized companies as well as individuals. His work covers breach of contract, debt recovery, public procurement, share holder disputes, professional negligence and intellectual property disputes. In the field of personal injury litigation Rory has acted in many high value catastrophic injury claims in relation to road traffic accidents, employer’s liability accidents and clinical negligence claims. He provides advisory services on behalf of a number of major organisations in relation to employment and other matters. Rory has appeared in a number of high profile Judicial Review cases. He has a particular interest in the field of Intellectual Property. Rory is a qualified mediator and a keen advocate of ADR.

Qualifications

LL.B Trinity College Dublin

LL.M Queen’s University Belfast (Computers and Law)

BL King’s Inns Dublin

ACI Arb Chartered Institute of Arbitrators

Qualified Mediator

Experience

O’Neill, Charles & anor v Murphy, J Donnell t/a Murphy Kerr & Co Solicitors (a firm) [2002] NIQB 50; [2004] NI 1; civil practice; costs; use of Calderbank Letters; lodgements

Murray, George v Royal County Down Golf Club [2005] NICA 52; occupier’s liability case. This is a leading authority for the upholding of the findings of the Judge at first instance in an appeal context.

The Billy Wright Inquiry 2007 - 2010 - Junior Counsel in major public inquiry.

Williamson, Michelle; in re application for judicial review [2008] NIQB 81; judicial review; establishing the power for the Court to issue a Writ of Subpoena ad Testificandum in judicial review cases.

Williamson, Michelle; in re application for judicial review [2010] NICA 8; judicial Review of the appointment of 4 Victims Commissioners

Scotts Electrical Services Ltd v Northern Ireland Water [2012] NIQB 7; application for early discovery in public procurement cases.

Hyndman, Stephen v Brown, William & another [2012] NICA 3; accident at work - personal injury - interpretation of PUWER.

Henderson, Richard & others v Chief Constable of the Police Service of Northern Ireland [2012] 01177/12IT; Industrial Tribunals; - Notable for being the first reported decision on the application of the Agency Workers Regulations in UK. Claimants were successful in achieving a finding that their rights had been breached.

Titanic Quarter v Cairns & Cairns [2013] DEE 8929; specific performance of a mediation agreement in the face of an attack on the mediation process; mediation agreement upheld.

Up and Running (NI) Limited v Up and Running (Harrowgate) Limited [2013] NI Master 23; forum non conveniens application relating to a franchise agreement.

Connolly McCausland v Drenagh Farms Limited (In Administration); acting for the Administrator resisting an injunction sought to prevent the sale of a major estate - setting out the role of Administrators, the remit of injunctive relief and whether there has been unfair harm to a creditor or member of a company under the Insolvency Order.

Rooney, Catherine v Western Education and Library Board [2015] NIQB 87; accident at work – personal injury - interpretation of PUWER – the definition of “Work Equipment”

Hutton (a Minor), Re (compensation for injuries) [2019] NIQB 6; Serious road traffic accident setting out the Court’s approach to valuation of multiple injuries.

Maxwell v CHC Group Ltd & Anor [2020] NIQB 38; Acting for a non-employer Defendant in an employer’s liability claim successfully arguing that a Co-Defendant employer had a non-delegable duty and therefore was responsible for part of the injuries sustained by the Plaintiff.

Camden Group Ltd, Re [2020] NICh 8; Leading case in Northern Ireland relating to Section 994 of the Companies Act 2006 - unfair prejudice to a shareholder in a company exploring unfair prejudice.