Expertise
Stephen is a commercial litigator, experienced in leading complex and high value disputes in the Commercial Court across a range of disciplines and sectors. He leads the Planning and Environmental team advising on the full spectrum of contentious and non-contentious environmental, planning and health & safety work, including environmental and regulatory risk and investigations. He advises the Boards and inhouse Counsel of private and public companies and individuals on all aspects of litigation and alternative dispute resolution processes.
- Undertaking an investigatory review of compliance and governance in the UK Insulation Boards business of Kingspan arising from its participation as a core participant in the UK’s Grenfell Tower Inquiry and identifying recommendations for implementation.
- Advising Lumcloon Energy in the first successful judicial review of the CRU (as regulator) and EirGrid (as electricity transmission system operator) to exclude our client from an auction conducted under the Capacity Market Code. The cross-border case involved the Irish and Northern Irish single electricity market (SEM), the Capacity Market Code, the Capacity Market Dispute Resolution Board process, and considerations of aspects of European law.
- Advising Dublin Airport Authority in its successful judicial review against Fingal County Council challenging the inclusion of certain provisions in the Fingal County Development Plan relating to airplane noise insulation measures and zoning of lands. The case also involved DAA successfully defending a related judicial review taken by environmental NGO, Friends of the Irish Environment against a decision of the Minister for Housing in the Court of Appeal.
- Advising a number of wind energy developers in successful challenges against adverse decisions of An Coimisiun Pleánala involving issues including interpretation of relevant local area plans, development plans, ministerial guidelines, environmental impact assessment and appropriate assessment.
- Advising shareholders of Yellow River Wind Farm (Ireland’s largest permitted wind farm) in a Commercial Court action against SSE Renewables plc (“SSE”) in a dispute related to the interpretation of a Put and Call Option agreement and the associated triggering of payment terms for the construction of a windfarm incorporating 29 wind turbines, with a potential maximum export capacity of 104.4 MW.
- Education
- University College Dublin Bachelor of Civil Law (BCL)
- University College Dublin Masters in Commercial Law (LLM)
- Law Society of Ireland (2005)
- Publications
- Author the Irish Environmental Law (IELA) Annual Conference exploring ‘recent advancements in legislation, case law and best practices for professionals specialising in environmental law’.
- Irish Times Article December 2024 ‘Could the new Planning Act be a law of unintended consequences?’
- Irish Wind Energy Association keynote speaker annual conference on a creative new topic ‘H&S considerations in offshore wind farms’
- Keynote speaker CMG Events seminar to Semi States “Defending EPA Prosecutions”
- Podcast on the new Planning Act 2024
- Testimonials
- “Stephen Barry has a vast depth of experience in planning and environment litigation” Chambers 2024
- “He is an excellent advisor and always available” Chambers 2024
- Professional Memberships
- Chairperson Health and Safety Lawyers Association
- Member British and Irish Chamber of Commerce
- Irish Commercial Mediation Association
- Irish Environmental Law Association
- Offshore Wind H&S Committee