Nicholas Kearns: Difference between revisions
→top: specified government in link |
Tom.Reding (talk | contribs) m Confirm {{Use dmy dates}} from 2013; WP:GenFixes & cleanup on |
||
(13 intermediate revisions by 6 users not shown) | |||
Line 1: | Line 1: | ||
{{ |
{{Short description|Irish judge (born 1946)}} |
||
{{Use dmy dates|date= |
{{Use dmy dates|date=January 2024}} |
||
{{Infobox officeholder |
{{Infobox officeholder |
||
| name = Nicholas Kearns |
|||
| image = |
| image = |
||
| office = President of the [[High Court (Ireland)|High Court]] |
| office = President of the [[High Court (Ireland)|High Court]] |
||
Line 16: | Line 15: | ||
| nominator1 = [[28th Government of Ireland|Government of Ireland]] |
| nominator1 = [[28th Government of Ireland|Government of Ireland]] |
||
| appointer1 = Mary McAleese |
| appointer1 = Mary McAleese |
||
| term_start2 = 1998 |
| term_start2 = 9 January 1998 |
||
| term_end2 = 2004 |
| term_end2 = 15 November 2004 |
||
| nominator2 = [[Government of the 28th Dáil|Government of Ireland]] |
| nominator2 = [[Government of the 28th Dáil|Government of Ireland]] |
||
| appointer2 = Mary McAleese |
| appointer2 = Mary McAleese |
||
| office3 = Judge of the [[Supreme Court of Ireland]] |
| office3 = Judge of the [[Supreme Court of Ireland|Supreme Court]] |
||
| term_start3 = 2004 |
| term_start3 = 15 November 2004 |
||
| term_end3 = 28 October 2009<ref group=nb>''ex officio'' member while President of the High Court</ref> |
|||
| term_end3 = 2009 |
|||
| nominator3 = [[Government of the 29th Dáil|Government of Ireland]] |
| nominator3 = [[Government of the 29th Dáil|Government of Ireland]] |
||
| appointer3 = Mary McAleese |
| appointer3 = Mary McAleese |
||
⚫ | |||
| birth_name = |
|||
⚫ | |||
| birth_place = [[Dublin]], Ireland |
| birth_place = [[Dublin]], Ireland |
||
| death_date = |
| death_date = |
||
| death_place = |
| death_place = |
||
| nationality = [[Irish people|Irish]] |
| nationality = [[Irish people|Irish]] |
||
| spouse = Eleanor |
| spouse = {{marriage|Eleanor Kearns|1978}} |
||
| children = 4 |
| children = 4 |
||
| education = [[St Mary's College, Dublin]] |
|||
| residence = |
|||
| alma_mater = {{ubl|[[University College Dublin]]|[[King's Inns]]}} |
| alma_mater = {{ubl|[[University College Dublin]]|[[King's Inns]]}} |
||
| |
| footnotes = |
||
{{reflist|group=nb}} |
|||
}} |
|||
'''Nicholas Kearns''' (born 1946) is a retired Irish judge who served as President of the [[High Court (Ireland)|High Court]] from 2009 to 2015 and a Judge of the [[High Court (Ireland)|High Court]] from 1998 to 2015.<ref>{{cite web |url=http://www.irishtimes.com/newspaper/ireland/2009/1007/1224256099847.html |title=Government nominates new president of High Court |publisher=[[The Irish Times]] |accessdate=15 October 2009 |date=7 October 2009 |last=Coulter |first=Carol |archive-date=18 October 2012 |archive-url=https://web.archive.org/web/20121018022105/http://www.irishtimes.com/newspaper/ireland/2009/1007/1224256099847.html |url-status=live }}</ref> |
'''Nicholas Kearns''' (born 12 December 1946) is a retired Irish judge who served as President of the [[High Court (Ireland)|High Court]] from 2009 to 2015 and a Judge of the [[High Court (Ireland)|High Court]] from 1998 to 2015, and previously from 1998 to 2004, and a Judge of the [[Supreme Court of Ireland|Supreme Court]] from 2004 to 2009.<ref>{{cite web |url=http://www.irishtimes.com/newspaper/ireland/2009/1007/1224256099847.html |title=Government nominates new president of High Court |publisher=[[The Irish Times]] |accessdate=15 October 2009 |date=7 October 2009 |last=Coulter |first=Carol |archive-date=18 October 2012 |archive-url=https://web.archive.org/web/20121018022105/http://www.irishtimes.com/newspaper/ireland/2009/1007/1224256099847.html |url-status=live }}</ref> |
||
== |
==Early life== |
||
Kearns was born in 1946 and educated at [[St Mary's College, Dublin]].<ref name="IT 2004" /> He attended [[University College Dublin]] and subsequently attended the [[King's Inns]]. He also achieved a diploma in European law from UCD.<ref name="IT 1982">{{cite news |title=Five called to Inner Bar |newspaper=The Irish Times |date=6 March 1962 |page=8}}</ref> |
Kearns was born in 1946 and educated at [[St Mary's College, Dublin]].<ref name="IT 2004" /> He attended [[University College Dublin]] and subsequently attended the [[King's Inns]]. He also achieved a diploma in European law from UCD.<ref name="IT 1982">{{cite news |title=Five called to Inner Bar |newspaper=The Irish Times |date=6 March 1962 |page=8}}</ref> |
||
==Legal career== |
|||
He was called to the [[Bar of Ireland|bar]] in 1968, the Bar of England and Wales in 1981 and became a senior counsel in March 1982.<ref name="IT 1982"/> His practice was primarily focused on personal injuries law.<ref name="IT 2004" /> |
He was called to the [[Bar of Ireland|bar]] in 1968, the [[Bar of England and Wales]] in 1981 and became a [[senior counsel]] in March 1982.<ref name="IT 1982"/> His practice was primarily focused on personal injuries law.<ref name="IT 2004" /> |
||
== |
==Judicial career== |
||
=== |
===High Court=== |
||
He |
He was appointed a [[High Court (Ireland)|High Court]] judge in 1998. At one stage, he was in charge of the competition law list.<ref name="dbei 2017" /> He co-founded the Association of European Competition Law Judges.<ref name="IT 2004" /> |
||
He was an ad hoc judge of the [[European Court of Human Rights]],<ref name="dbei 2017" /> serving from 2000 until 2009.<ref name="IT 2004" /> |
He was an ad hoc judge of the [[European Court of Human Rights]],<ref name="dbei 2017" /> serving from 2000 until 2009.<ref name="IT 2004" /> |
||
Line 55: | Line 55: | ||
He has presided over the [[Special Criminal Court]],<ref>{{cite news |title=Principals Club dinner at Merrion Hotel honours Nicholas Kearns |url=https://businessandfinance.com/nicholas-kearns-honoured-principals-club-dinner-merrion-hotel/ |accessdate=20 May 2020 |work=Business & Finance |date=19 October 2018 |archive-date=25 June 2020 |archive-url=https://web.archive.org/web/20200625070542/https://businessandfinance.com/nicholas-kearns-honoured-principals-club-dinner-merrion-hotel/ |url-status=live }}</ref> and the former Court of Criminal Appeal.<ref name="II 2012" /> |
He has presided over the [[Special Criminal Court]],<ref>{{cite news |title=Principals Club dinner at Merrion Hotel honours Nicholas Kearns |url=https://businessandfinance.com/nicholas-kearns-honoured-principals-club-dinner-merrion-hotel/ |accessdate=20 May 2020 |work=Business & Finance |date=19 October 2018 |archive-date=25 June 2020 |archive-url=https://web.archive.org/web/20200625070542/https://businessandfinance.com/nicholas-kearns-honoured-principals-club-dinner-merrion-hotel/ |url-status=live }}</ref> and the former Court of Criminal Appeal.<ref name="II 2012" /> |
||
=== |
===Supreme Court=== |
||
He was elevated to the [[Supreme Court of Ireland]] in 2004.<ref>{{cite news |title=Government announce new judge appointments |url=https://www.breakingnews.ie/ireland/government-announce-new-judge-appointments-175081.html |accessdate=20 May 2020 |work=Breaking News |date=9 November 2004 |archive-date=14 December 2017 |archive-url=https://web.archive.org/web/20171214112600/https://www.breakingnews.ie/ireland/government-announce-new-judge-appointments-175081.html |url-status=live }}</ref> |
He was elevated to the [[Supreme Court of Ireland]] in 2004.<ref name="IO 2004">{{cite web |title=Iris Oifigiúil - 19 November 2004, No. 93, 1234 |url=https://www.irisoifigiuil.ie/archive/2004/november/2004%2011%2019%20IO%20Issue.pdf |access-date=17 July 2023}}</ref><ref>{{cite news |title=Government announce new judge appointments |url=https://www.breakingnews.ie/ireland/government-announce-new-judge-appointments-175081.html |accessdate=20 May 2020 |work=Breaking News |date=9 November 2004 |archive-date=14 December 2017 |archive-url=https://web.archive.org/web/20171214112600/https://www.breakingnews.ie/ireland/government-announce-new-judge-appointments-175081.html |url-status=live }}</ref> |
||
=== |
===President of the High Court=== |
||
He became the President of the High Court in October 2009.<ref>{{cite web |title=Annual Report 2009 |url=http://www.jaab.ie/en/JAAB/JAAB%20Annual%20Report%202009.pdf/Files/JAAB%20Annual%20Report%202009.pdf |website=Judicial Appointments Advisory Board |accessdate=20 May 2020 |archive-date=31 October 2020 |archive-url=https://web.archive.org/web/20201031212701/http://www.jaab.ie/en/JAAB/JAAB%20Annual%20Report%202009.pdf/Files/JAAB%20Annual%20Report%202009.pdf |url-status=live }}</ref> He retired in 2015 ahead of the mandatory retirement date in order to spend more time with family.<ref>{{cite news |title=Family first as High Court president to retire early |url=https://www.independent.ie/irish-news/courts/family-first-as-high-court-president-to-retire-early-31515664.html |accessdate=20 May 2020 |work=Irish Independent |language=en |archive-date=19 October 2020 |archive-url=https://web.archive.org/web/20201019182350/https://www.independent.ie/irish-news/courts/family-first-as-high-court-president-to-retire-early-31515664.html |url-status=live }}</ref> |
He became the President of the High Court in October 2009.<ref>{{cite web |title=Annual Report 2009 |url=http://www.jaab.ie/en/JAAB/JAAB%20Annual%20Report%202009.pdf/Files/JAAB%20Annual%20Report%202009.pdf |website=Judicial Appointments Advisory Board |accessdate=20 May 2020 |archive-date=31 October 2020 |archive-url=https://web.archive.org/web/20201031212701/http://www.jaab.ie/en/JAAB/JAAB%20Annual%20Report%202009.pdf/Files/JAAB%20Annual%20Report%202009.pdf |url-status=live }}</ref> He retired in 2015 ahead of the mandatory retirement date in order to spend more time with family.<ref>{{cite news |title=Family first as High Court president to retire early |url=https://www.independent.ie/irish-news/courts/family-first-as-high-court-president-to-retire-early-31515664.html |accessdate=20 May 2020 |work=Irish Independent |language=en |archive-date=19 October 2020 |archive-url=https://web.archive.org/web/20201019182350/https://www.independent.ie/irish-news/courts/family-first-as-high-court-president-to-retire-early-31515664.html |url-status=live }}</ref> |
||
Line 84: | Line 84: | ||
{{s-aft|after = [[Peter Kelly (judge)|Peter Kelly]]}} |
{{s-aft|after = [[Peter Kelly (judge)|Peter Kelly]]}} |
||
{{s-end}} |
{{s-end}} |
||
{{authority control}} |
{{authority control}} |
||
Line 93: | Line 94: | ||
[[Category:Presidents of the High Court (Ireland)]] |
[[Category:Presidents of the High Court (Ireland)]] |
||
[[Category:21st-century Irish judges]] |
[[Category:21st-century Irish judges]] |
||
[[Category:20th-century Irish lawyers]] |
|||
[[Category:20th-century Irish judges]] |
[[Category:20th-century Irish judges]] |
||
[[Category:Chairpersons of the Referendum Commission]] |
[[Category:Chairpersons of the Referendum Commission]] |
||
[[Category:Alumni of King's Inns]] |
[[Category:Alumni of King's Inns]] |
||
[[Category:Irish Senior Counsel]] |
|||
[[Category:Lawyers from County Dublin]] |
Latest revision as of 14:07, 24 January 2024
Nicholas Kearns | |
---|---|
President of the High Court | |
In office 28 October 2009 – 19 December 2015 | |
Nominated by | Government of Ireland |
Appointed by | Mary McAleese |
Preceded by | Richard Johnson |
Succeeded by | Peter Kelly |
Judge of the High Court | |
In office 28 October 2009 – 19 December 2015 | |
Nominated by | Government of Ireland |
Appointed by | Mary McAleese |
In office 9 January 1998 – 15 November 2004 | |
Nominated by | Government of Ireland |
Appointed by | Mary McAleese |
Judge of the Supreme Court | |
In office 15 November 2004 – 28 October 2009[nb 1] | |
Nominated by | Government of Ireland |
Appointed by | Mary McAleese |
Personal details | |
Born | Dublin, Ireland | 4 December 1946
Spouse |
Eleanor Kearns (m. 1978) |
Children | 4 |
Education | St Mary's College, Dublin |
Alma mater | |
| |
Nicholas Kearns (born 12 December 1946) is a retired Irish judge who served as President of the High Court from 2009 to 2015 and a Judge of the High Court from 1998 to 2015, and previously from 1998 to 2004, and a Judge of the Supreme Court from 2004 to 2009.[1]
Early life
[edit]Kearns was born in 1946 and educated at St Mary's College, Dublin.[2] He attended University College Dublin and subsequently attended the King's Inns. He also achieved a diploma in European law from UCD.[3]
Legal career
[edit]He was called to the bar in 1968, the Bar of England and Wales in 1981 and became a senior counsel in March 1982.[3] His practice was primarily focused on personal injuries law.[2]
Judicial career
[edit]High Court
[edit]He was appointed a High Court judge in 1998. At one stage, he was in charge of the competition law list.[4] He co-founded the Association of European Competition Law Judges.[2]
He was an ad hoc judge of the European Court of Human Rights,[4] serving from 2000 until 2009.[2]
He was the chairperson of the Referendum Commission convened for the 27th Amendment to the Constitution of Ireland in 2004.[5]
He has presided over the Special Criminal Court,[6] and the former Court of Criminal Appeal.[5]
Supreme Court
[edit]He was elevated to the Supreme Court of Ireland in 2004.[7][8]
President of the High Court
[edit]He became the President of the High Court in October 2009.[9] He retired in 2015 ahead of the mandatory retirement date in order to spend more time with family.[10]
Doherty v. Ireland
[edit]On 12 July 2010, the High Court granted leave to Sinn Féin Senator Pearse Doherty for a judicial review into why a by-election was not being held in Donegal South-West.[11] The seat was vacant since June 2009, following the resignation of Fianna Fáil TD Pat "the Cope" Gallagher on his election to the European Parliament. On 2 November 2010, the High Court ruled that there was an unreasonable delay in holding the by-election. In his ruling, Kearns described the delay as unprecedented[12] and that the delay amounted to a breach of Doherty's constitutional rights. He declared that Section 30 (2) of the Electoral Act 1992 should be construed as requiring that a writ for a by-election be moved within a reasonable time of the vacancy arising.[13] He further stated,
...it is the ongoing failure to move the writ for this by-election since June 2009 which offends the terms and spirit of the Constitution and its framework for democratic representation.[14]
However, Justice Kearns did not order the Government of Ireland to set a date for the by-election. The Government announced on 4 November 2010, that the by-election would be held on 25 November. They also stated that they would appeal to the Supreme Court.[12] On 26 November 2010, Doherty won the by-election.
Post-judicial career
[edit]Kearns was appointed by Mary Mitchell O'Connor in 2017 to become the chairperson of the Personal Injuries Commission. The purpose of the commission was to review claims process in Ireland.[4]
He became the deputy chairperson of the National Maternity Hospital, Dublin in 2015 and is a trustee of the Gate Theatre.[15][16]
Personal life
[edit]He is married to Eleanor, with whom he has four sons.[2]
References
[edit]- ^ Coulter, Carol (7 October 2009). "Government nominates new president of High Court". The Irish Times. Archived from the original on 18 October 2012. Retrieved 15 October 2009.
- ^ a b c d e "Mr Justice Nicholas Kearns". The Irish Times. Archived from the original on 23 September 2021. Retrieved 20 May 2020.
- ^ a b "Five called to Inner Bar". The Irish Times. 6 March 1962. p. 8.
- ^ a b c "Minister Mitchell O'Connor appoints Mr Justice Nicholas Kearns as chairperson of the Personal Injuries Commission". dbei.gov.ie. Archived from the original on 23 May 2020. Retrieved 20 May 2020.
- ^ a b "The judge who speaks up for ordinary people". Irish Independent. Archived from the original on 23 September 2021. Retrieved 20 May 2020.
- ^ "Principals Club dinner at Merrion Hotel honours Nicholas Kearns". Business & Finance. 19 October 2018. Archived from the original on 25 June 2020. Retrieved 20 May 2020.
- ^ "Iris Oifigiúil - 19 November 2004, No. 93, 1234" (PDF). Retrieved 17 July 2023.
- ^ "Government announce new judge appointments". Breaking News. 9 November 2004. Archived from the original on 14 December 2017. Retrieved 20 May 2020.
- ^ "Annual Report 2009" (PDF). Judicial Appointments Advisory Board. Archived (PDF) from the original on 31 October 2020. Retrieved 20 May 2020.
- ^ "Family first as High Court president to retire early". Irish Independent. Archived from the original on 19 October 2020. Retrieved 20 May 2020.
- ^ "Bye-election judicial review is allowed". RTÉ News. 12 July 2010. Archived from the original on 14 July 2010. Retrieved 12 July 2010.
- ^ a b "Government to hold bye-election this month". RTÉ News. 3 November 2010. Archived from the original on 4 November 2010. Retrieved 3 November 2010.
- ^ "Court declares byelection delay unconstitutional". The Irish Times. 4 November 2010. Archived from the original on 29 November 2010. Retrieved 26 December 2010.
- ^ "Doherty -v- Government of Ireland & Anor". www.courts.ie. 3 November 2010. Archived from the original on 14 August 2011. Retrieved 3 November 2010.
- ^ "Meet the Board". NMH. Archived from the original on 8 May 2020. Retrieved 20 May 2020.
- ^ "Gate Theatre Board & Governance - The Gate Theatre, Dublin, Ireland". Gate Theatre Dublin. Archived from the original on 11 May 2020. Retrieved 20 May 2020.