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.

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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.
James Macguill, Solicitor, Senior Counsel

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 acted in a test case that forced the Government to reform Ireland's criminal injuries compensation scheme to include compensation for pain and suffering. The European Court of Justice last year upheld the High Court decision, leading the Government to announce reforms 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, entitling him to compensation. That case, resulting in €15,000 damages and legal costs, arose from 1998 charges over the 1983 kidnapping of Don Tidey. A native of Dundalk, MacGuill graduated from UCC in 1983, was admitted as a solicitor in 1986, and appointed senior counsel in 2020. He specialized in public and criminal law, serving on government working groups and the Judicial Appointments Advisory Board. Tributes note his bravery, intelligence, and respect for process despite skepticism of the State. He died Sunday after a short illness, survived by son Conor, siblings Ciarán, Daire, Conor, and Eithne.

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 acted in a test case that forced the Government to reform Ireland's criminal injuries compensation scheme to include compensation for pain and suffering. The European Court of Justice last year upheld the High Court decision, leading the Government to announce reforms 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, entitling him to compensation. That case, resulting in €15,000 damages and legal costs, arose from 1998 charges over the 1983 kidnapping of Don Tidey. A native of Dundalk, MacGuill graduated from UCC in 1983, was admitted as a solicitor in 1986, and appointed senior counsel in 2020.

He specialized in public and criminal law, serving on government working groups and the Judicial Appointments Advisory Board. Tributes note his bravery, intelligence, and respect for process despite skepticism of the State. He died Sunday after a short illness, survived by son Conor, siblings Ciarán, Daire, Conor, and Eithne

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James Macguill Solicitor Senior Counsel Criminal Injuries Compensation Female Genital Mutilation European Court Of Justice Brendan Mcfarlane Don Tidey UCC Public Law

 

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