ABSTRACT
Barlow v Minister for Communications is among the most significant of the Supreme Court’s decisions on the tort of negligence in the last 20 years. Murray J delivered the only judgment, with which O’Donnell CJ, Charleton J, O’Malley J, and Donnelly J agreed. His analysis sweeps broadly, and with deep insight. It charts clear, convincing paths forward on ‘pure’ economic loss, the private law liability of public authorities, and the general approach to identifying duties of care in the tort of negligence.
This paper has three connected aims. First, to identify the legal propositions for which Barlow stands. Second, to situate these within the pre-existing law of negligence. Third, to defend them as, on the whole, welcome and justifiable.
Gilligan, Daniel, Back to Basics: Barlow v Minister for Communications, Marine & Natural Resources (December 15, 2025), forthcoming, Irish Supreme Court Review 2026.
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