.jpg?n=5702 "ByrneWallace Logo")
Marie Kinsella - Partner
Marie is a partner in the Health Services Department with specialist expertise in Health Care law. Marie qualified as a solicitor in England and Wales before returning to Ireland in 2004. Marie specialises in clinical defence litigation; public and private inquiries; regulatory compliance; mental health legislation; inquests; legal issues in relation to hospital emergencies and general advice in relation to the day to day running of a health care facility such as consent to treatment, confidentiality, record retention and risk management.
Key experience
- Represented the Health Service Executive in both the High Court and the Supreme Court in numerous challenges to the Mental Health Act 2001 under Article 40 of the Constitution.
- Represented the Health Service Executive in the Commission of Investigation (Leas Cross Nursing Home).
- Represented a private fertility clinic in the first case of its kind before the Supreme Court regarding the status of the embryo under the Irish constitution.
- Successfully secured a High Court Declaration in relation to the imposition of complex treatment to an incapacitated adult.
- Successfully defended an appeal to the House of Lords in relation to the interpretation to s.135 of the Mental Health Act 1983.
Qualifications
- LLB (Hons),Manchester Metropolitan University, 1995
- LPC, Manchester Metropolitan University, 1996
- Admitted as a Solicitor, Law Society of England & Wales, 1998
- Admitted as a Solicitor, Law Society of Ireland, 2004
Memberships
- Dublin Solicitors Bar Association
- Law Society of Ireland