Senior Counsel – Commercial, Aviation, Competition & Public Law
Martin Hayden SC is a highly experienced and versatile barrister with a distinguished practice spanning commercial litigation, aviation law, banking and finance, tax, public procurement, competition law, and judicial review. Called to the Irish Bar in 1987 and taking Silk in 2001, he is also a member of the Honourable Society of the Middle Temple since 2014.
With over three decades of courtroom experience, Martin has built a formidable reputation for handling complex and high-profile matters before the Superior Courts of Ireland and the European Court of Justice. His extensive advocacy experience includes appearances before major public inquiries and tribunals, and his strategic legal insight continues to influence significant developments in regulatory and commercial law.
Martin has acted in many of the leading commercial disputes in the Irish courts over the past 20 years. His practice encompasses a broad range of complex contractual, financial, and regulatory matters, including shareholder disputes, banking litigation, and cases involving electronic commerce. He regularly advises financial institutions, multinational corporations, and public bodies on high-value disputes and regulatory compliance.
In banking and finance, Martin has acted for one of Ireland’s largest financial institutions, bringing to bear a deep understanding of the banking regulatory framework and commercial risk. He is adept at navigating complex cross-border issues and is frequently instructed in matters involving the enforceability of financial instruments, structured finance disputes, and judicial review proceedings arising from financial regulation.
Martin is one of Ireland’s leading aviation law practitioners. He has a detailed understanding of the regulatory and commercial frameworks underpinning the aviation sector, including e-contracts, competition issues, airport operations, and international air transport regulation. He regularly acts for Europe’s largest airline, advising on litigation, regulatory matters, and judicial review challenges, including high-profile proceedings relating to the development of the Northern Runway at Dublin Airport and past challenges to the construction of Terminal 2.
His experience also extends to advising on the intersection between aviation and employment law, having successfully represented clients challenging legislative attempts to impose mandatory trade union recognition.
Martin has significant expertise in EU and Irish competition law, including state aid, abuse of dominance, and merger control issues. He is regularly instructed in public procurement challenges and has acted in a number of landmark cases.
Notably, he acted in Nurendale Ltd t/a Panda Waste Services v Dublin City Council, which resulted in the invalidation of the Dublin Waste Management Plan and the abandonment of a proposed €650 million waste incinerator development. His strategic advice in such proceedings continues to shape public procurement law and practice in Ireland.
Martin’s tax practice involves both advisory and contentious work, including acting in judicial reviews and representing clients before the Tax Appeals Commission. His knowledge of the regulatory landscape allows him to handle tax litigation with a commercial focus.
He has also played a leading role in a number of Ireland’s most significant public inquiries. He appeared for the Irish Haemophilia Society in both the Finlay and Lindsay Tribunals, investigating the contamination of haemophiliacs with Hepatitis C and HIV, and was lead counsel in both. He also appeared before the Mahon Tribunal (investigating planning corruption) and the Moriarty Tribunal (concerning the awarding of mobile phone licences).
Martin has an active practice in intellectual property law, particularly where it intersects with commercial and digital technology matters. He is currently advising a major European airline in proceedings against Google concerning the operation of its AdWords platform, raising critical questions about trademark infringement and the use of IP in digital advertising.
Cantrell v Allied Irish Banks PLC & Ors Unreported, Court of Appeal, 18th July 2019 – Martin Hayden SC represented AIB in the High Court and Supreme Court in relation to economic loss for claims and crystallisation of loss in financial products involving sums in excess of €300 million.
Ryanair v Fórsa Unreported, High Court, 21st August 2019 – Martin Hayden SC successfully obtained an injunction on behalf of Ryanair prohibiting the Irish trade union, Fórsa, which represents pilots, from organising, directing, sanctioning or endorsing the participation of its membership in a strike on 22 or 23 August 2019. Fórsa was also prohibited from directly or indirectly adopting or relying upon or otherwise giving effect to any purported notice of industrial action in respect of those dates.
Michael O’ Sullivan v Canada Life Assurance Ireland Limited [2014] IEHC 217 Martin acted as lead Counsel on behalf of Michael O’Sullivan, the Plaintiff, who brought a challenge against Canada Life whereby the latter refused to transfer his pension fund within the EU to Malta.
Sherborough Securities Limited & Others v An Bord Plenala and Coras Iompar Eireann – Martin acted as lead Counsel for the Plaintiffs against the Irish Planning Authority and Transport Company, CIE relating to the compulsory acquisition of land for the purposes of constructing an underground railway system in Dublin. It related to the challenge by way of judicial review to what were known as Railway Orders obtained for the purposes of the DART Underground Electrified Heavy Railway Order 2011 and in particular a challenge to the seven year period permitted to CIE to exercise its entitlement.
CLM Properties Limited –v- Greenstar Holdings, KTK Landfill Limited and the Governor & Company of the Bank of Ireland and David Carson [2014] IEHC 178 – Martin acted on behalf of CLM Properties Limited together with parallel proceedings brought by the Irish Environmental Protection Agency against the same parties relating to the collapse of the Greenstar waste operation. The matter directly in issue relates to the obligations under the Waste Directive and licensing conditions in relation to maintenance and remediation of landfill sites. This case relates to the ringfencing of funds collected by waste operators and whether and to what extent Bank charges rank in priority to any funds collected which were originally sourced for the purposes of providing a fund under a waste licence to remediate landfill sites. Whilst CLM has been unsuccessful at first instance before the Irish High Court, the matter is now before the Supreme Court with a request for a reference to Luxembourg.
Katherine Wachman, John Paul Magnier and John Magnier -v- Barne Estate Limited, IQ EQ One (Jersey) Limited, IQ EQ Two (Jersey) Limited, Richard Thomson-Moore and IQ EQ (Jersey) Limited, High Court Record No. 2023/5036 P – Represented the Defendants in relation to a successful challenge to claims of legal professional privilege by an uncertified Solicitor.
Marlin Apartments Limited t/a Marlin Hotel Dublin -v- Allianz plc [2025] IEHC 226 This was a test case for all similar claims versus Allianz. Successfully represented the Insured in relation to the provision of Business Interruption insurance during COVID
Dunnes Stores Unlimited Company v. AIG Europe S.A. Covid Business interruption claim and a refusal by AIG to indemnify under the policy.
Ryanair D.A.C v Aidan Reddy, The Chief Appeals Officer And The Minister for Social Protection And Paul Clements, Redsberry Management Services Limited And Contracting Plus Consultants Limited – High Court Record No. 2023/16 MCA Martin successfully represented the Department of Social Welfare claims v Ryanair in relation to independent service providers.
Hermes Aircraft A1264 & Ors v All underwriting Members of Syndicate 1969 at Lloyd’s for the Lloyd’s 2021 Year of Account & Ors – High Court, Record No. 2022/6087P – “the Hermes Proceedings”
CDB Aviation Lease Finance DAC and Others -v- Lloyds Insurance Company SA & Others – High Court Record No. 2022/5759P – “the CDB Proceedings”
SMBC Aviation Capital Limited & Ors v Lloyds Insurance Company S.A. & Ors – High Court, Record No. 2022/5975P – “the SMBC Proceedings”
BOC Aviation (Ireland) Limited & Ors v. Lloyd’s Insurance Company S.A. & Ors, High Court Record No. 2022/5538P – “the BOC Proceedings”
Avolon Aerospace (Hamilton) AOE 1 Limited & Ors v Lloyd’s Insurance Company S.A. & Ors – High Court Record No. 2022/5514P – “the Avolon Proceedings”
NAC Aviation 29 Designated Activity Company & Ors v. Lloyd’s Insurance Company S.A. & Ors High Court Record No. 2022/6232P – “the NAC Proceedings” Martin recently acted on behalf of TMK/HDI Global Speciality War Risk Insurers in relation to the aircraft confiscated in Russia for sums in excess of €2 billion.
Ryanair v The Revenue Commissioners Case C-249/17 ECLI:EU:C:2018:834 which dealt with Vat recovery on takeover costs
Ryanair v Irish Aviation Authority and Dublin Airport Authority [2024] IEHC 624, [2025] IEHC 190 Martin acted on behalf of Ryanair in relation to the imposition of an airport cap on passenger numbers