Solicitor James MacGuill, who acted in several landmark cases, dies aged 63

Solicitor James MacGuill, who acted in several landmark cases, dies aged 63

Solicitor and senior counsel James MacGuill, who acted in a number of successful landmark cases in the Irish and European courts, has died aged 63.During a 40-year legal career MacGuill was involved in several significant cases, including Ireland’s first ever criminal prosecution for female genital mutilation. Involving an African couple, those proceedings concluded earlier this year as a declared miscarriage of justice on foot of new medical evidence that their young daughter was never subjected to the procedure. MacGuill also represented a man in a successful High Court test case that forced the Government to reform Ireland’s criminal injuries compensation scheme to include compensation for pain and suffering. READ MOREAfter the Court of Justice of the European Union last year upheld the High Court decision, the Government announced reforms aimed at bringing the Irish scheme into line with European law.In an earlier case before the European court, MacGuill acted for former senior IRA member Brendan “Bik” McFarlane, who in 2010 won a declaration that State proceedings against him had taken too long and he was entitled to compensation. That case, resulting in the State having to pay €15,000 damages and legal costs, arose after McFarlane was charged in the Republic in 1998 with kidnapping supermarket executive Don Tidey in 1983. McFarlane was commander of IRA prisoners in the Maze prison during their 1981 hunger strike and led the mass escape from that prison in 1983.A native of Dundalk, Co Louth, MacGuill graduated in law from University College Cork in 1983 and was admitted to the roll of solicitors in 1986. He was appointed a senior counsel in 2020. He practised in the private sector as a litigator with an emphasis on public law, especially criminal law. His practice included domestic and international cases.He was president of the Law Society of Ireland between 2007 and 2008 and later served as president of the Council of Bars and Law Societies of Europe. He served on a number of government working groups and taskforces including regarding legal aid and the national crime forum. He served on the Judicial Appointments Advisory Board.Senior counsel Michael O’Higgins said barristers who worked with MacGuill were “in awe” of his ability.“He was an icon, a role model, always well prepared and deeply sceptical of the State while very respectful of the process.”Senior counsel Giollaíosa Ó Lideadha said MacGuill was “a brave and brilliant advocate for human rights and for restraining the abuse of power” who “used his energy, expertise, intelligence and wit to make a positive difference in people’s lives”. MacGuill, who died in hospital on Sunday after a short illness, is survived by his son Conor Kirby MacGuill, his brothers Ciarán, Daire and Conor, and his sister Eithne.

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