Legal Guidance and Research / Experts / Sean O'Sullivan
Sean O'Sullivan#11787

Sean O'Sullivan , BL

The Bar of Ireland
Barrister
Sean O’Sullivan B.L. is a member of the Irish Bar at the Law Library and a CEDR Accredited Mediator. He practises in the areas of Company Law, Corporate Insolvency & Restructuring, Commercial & Contract Disputes and Banking & Financial Services. He has a particular focus on Privacy and Data Protection Law, where he advises data controllers and processors and has represented Privacy and Data Protection activist Max Schrems at all levels of the Irish Superior Courts and in the Court of Justice of the European Union. He is a regular speaker on topics relating to his practice, including in Trinity College Dublin, the Compliance Institute and Digital Trust Europe’s PrivSec World Forum.

Sean is also an elected member of the General Council of the Bar of Ireland, the body responsible for the administration and governance of the Law Library and its members in Ireland. He is a Committee Member with the British and Irish Commercial Bar Association and a former Co-Chair and current Committee Member with the OUTLaw Network.

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 2008

Experience

  • Allied Irish Bank (2011 - 2011)
  • Comfort Keepers Ireland (2010 - 2011)
  • US District Court, District of Massachusetts (2009 - 2010)

Membership

  • British Irish Commercial Bar Association
  • Restructuring and Insolvency Ireland
  • Corporate and Insolvency Bar Association
  • Commercial Litigation Association of Ireland
  • The OUTLaw Network

Qualifications

  • BCL (2007)
  • Barrister at Law Degree (2008)
  • LLM (2009)
  • (Diploma in Data Protection (2018)
  • Accredited Mediator (2022)

Education

  • University College Dublin (2007)
  • The Honorable Society of the Kings Inns (2008)
  • Boston College Law School (2009)
  • The Honorable Society of the Kings Inns (2018)
  • CEDR - The Centre for Effective Dispute Resolution

1 Contributions by Sean O'Sullivan

Ireland: Breach of Contract—Identification, Interpretation, Remedies (Termination, Specific Performance, Damages, Injunctions), Exclusion and Limitation Clauses, Limitation Periods, and Statutory Interest on Late Commercial Payments
PRACTICE NOTES
Ireland: Breach of Contract—Identification, Interpretation, Remedies (Termination, Specific Performance, Damages, Injunctions), Exclusion and Limitation Clauses, Limitation Periods, and Statutory Interest on Late Commercial Payments
This Practice Note outlines breach of contract and the remedies that may follow. It addresses what can constitute a breach, how the courts evaluate that question by construing the parties’ contractual obligations, the remedies available, and the deployment of clauses that cap or restrict consequent liability and/or compensation. It also looks at whether a breach of contract claim can be pursued and the method for claiming late payment interest. For a broader overview of contract law, see Practice Note: Ireland—Contract law essentials. Breach of contract A breach arises where one party (‘the defaulting party’) fails or declines to fulfil duties owed under the contract, in whole or in part. The other contracting party (‘the innocent party’) may then consider potential remedies for that failure. It should be remembered that a defaulting party with a lawful excuse for non-performance will generally not be in breach. This is distinct from force majeure clauses, which permit non-performance when specified events occur, eg war or sanctions, etc...
Ireland - Dispute Resolution
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