Nicholas Kearns: Difference between revisions
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{{Short description|Irish judge (born 1946)}} |
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{{Use dmy dates|date=August 2013}} |
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{{Use dmy dates|date=January 2024}} |
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{{Infobox officeholder |
{{Infobox officeholder |
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| image |
| image = |
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| office = President of the [[High Court (Ireland)|High Court]] |
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| honorific-prefix =The Hon. Mr. Justice |
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| term_start = 28 October 2009 |
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| name =Nicholas Kearns |
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| term_end = 19 December 2015 |
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| honorific-suffix = |
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| nominator = [[28th Government of Ireland|Government of Ireland]] |
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| imagesize = |
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| appointer = [[Mary McAleese]] |
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| predecessor = [[Richard Johnson (judge)|Richard Johnson]] |
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| office =President of the [[High Court of Ireland|High Court]] |
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| successor = [[Peter Kelly (judge)|Peter Kelly]] |
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| term_start =October 2009 |
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| office1 = Judge of the [[High Court (Ireland)|High Court]] |
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| term_end =19 December 2015 |
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| term_start1 = 28 October 2009 |
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| nominator =[[Government of Ireland]] |
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| term_end1 = 19 December 2015 |
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| appointer =[[Mary McAleese]] |
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| nominator1 = [[28th Government of Ireland|Government of Ireland]] |
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| predecessor =[[Richard Johnson (judge)|Richard Johnson]] |
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| appointer1 = Mary McAleese |
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| successor =[[Peter Kelly (judge)|Peter Kelly]] |
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| term_start2 = 9 January 1998 |
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| birth_date =1946 |
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| term_end2 = 15 November 2004 |
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| birth_place =[[Dublin]], Ireland |
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| nominator2 = [[Government of the 28th Dáil|Government of Ireland]] |
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| death_date = |
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| appointer2 = Mary McAleese |
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| death_place = |
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| |
| office3 = Judge of the [[Supreme Court of Ireland|Supreme Court]] |
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| term_start3 = 15 November 2004 |
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| party = |
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| term_end3 = 28 October 2009<ref group=nb>''ex officio'' member while President of the High Court</ref> |
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| spouse = |
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| nominator3 = [[Government of the 29th Dáil|Government of Ireland]] |
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| relations = |
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| appointer3 = Mary McAleese |
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| children = |
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| birth_date = {{birth date and age|1946|12|4|df=y}} |
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| residence = |
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| birth_place = [[Dublin]], Ireland |
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| alma_mater =[[King's Inns]] |
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| death_date = |
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| death_place = |
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| profession =[[Judge]], [[Barrister]] |
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| nationality = [[Irish people|Irish]] |
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| religion = |
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| spouse = {{marriage|Eleanor Kearns|1978}} |
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| signature = |
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| |
| children = 4 |
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| education = [[St Mary's College, Dublin]] |
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| footnotes = |
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| alma_mater = {{ubl|[[University College Dublin]]|[[King's Inns]]}} |
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| footnotes = |
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{{reflist|group=nb}} |
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}} |
}} |
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'''Nicholas Kearns''' (born 1946) was the President of the [[High Court (Ireland)|High Court of Ireland]], and [[ex officio member]] of the [[Supreme Court of Ireland|Supreme Court]]. He was appointed a judge of the High Court in 1998 and was appointed to the Supreme Court in November 2004. He was appointed as President of the High Court in October 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 }}</ref> He retired as President of the High Court on 19 December 2015. |
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'''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> |
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==''Doherty v. Ireland''== |
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On 12 July 2010, the [[High Court (Ireland)|High Court]] granted leave to [[Sinn Féin]] [[Seanad Éireann|Senator]] [[Pearse Doherty]] for a [[Judicial review in the Republic of Ireland|judicial review]] into why a [[by-election]] was not being held in [[Donegal South-West (Dáil constituency)|Donegal South-West]].<ref>{{cite news |url=http://www.rte.ie/news/2010/0712/politics.html |title=Bye-election judicial review is allowed |work=[[RTÉ News]] |date=12 July 2010 |accessdate=12 July 2010}}</ref> The seat was vacant since June 2009 following the resignation of [[Fianna Fáil]] [[Teachta Dála|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 P. described the delay as unprecedented<ref name="rte.ie">{{cite news |url=http://www.rte.ie/news/2010/1103/byeelection.html |title=Government to hold bye-election this month |work=[[RTÉ News]] |date=3 November 2010 |accessdate=3 November 2010}}</ref> 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.<ref name=IT_unconstitutional>{{cite news |url=http://www.irishtimes.com/newspaper/ireland/2010/1104/1224282634957.html |title=Court declares byelection delay unconstitutional |work=[[The Irish Times]] |date=4 November 2010}}</ref> He further stated, |
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==Early life== |
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{{cquote|...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.<ref>{{cite web |url=http://courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/baf3228928ac3b4b802577d0003fedb8?OpenDocument |title=Doherty -v- Government of Ireland & Anor |work=www.courts.ie |date=3 November 2010 |accessdate=3 November 2010}}</ref>}} |
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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> |
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However, Justice Kearns did not order the Government 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.<ref name="rte.ie"/> On 26 November 2010, Doherty won the [[Donegal South-West by-election, 2010|by-election]]. |
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==Legal career== |
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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" /> |
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==Judicial career== |
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===High Court=== |
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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" /> |
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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" /> |
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He was the chairperson of the [[Referendum Commission]] convened for the [[Twenty-seventh Amendment of the Constitution of Ireland|27th Amendment]] to the [[Constitution of Ireland]] in 2004.<ref name="II 2012">{{cite news |title=The judge who speaks up for ordinary people |url=https://www.independent.ie/irish-news/the-judge-who-speaks-up-for-ordinary-people-26888416.html |accessdate=20 May 2020 |work=Irish Independent |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923042259/https://www.independent.ie/irish-news/the-judge-who-speaks-up-for-ordinary-people-26888416.html |url-status=live }}</ref> |
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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" /> |
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===Supreme Court=== |
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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> |
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===President of the High Court=== |
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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> |
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====''Doherty v. Ireland''==== |
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On 12 July 2010, the [[High Court (Ireland)|High Court]] granted leave to [[Sinn Féin]] [[Seanad Éireann|Senator]] [[Pearse Doherty]] for a [[Judicial review in the Republic of Ireland|judicial review]] into why a [[by-election]] was not being held in [[Donegal South-West (Dáil constituency)|Donegal South-West]].<ref>{{cite news |url=http://www.rte.ie/news/2010/0712/politics.html |title=Bye-election judicial review is allowed |work=[[RTÉ News]] |date=12 July 2010 |accessdate=12 July 2010 |archive-date=14 July 2010 |archive-url=https://web.archive.org/web/20100714023443/http://www.rte.ie/news/2010/0712/politics.html |url-status=live }}</ref> The seat was vacant since June 2009, following the resignation of [[Fianna Fáil]] [[Teachta Dála|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<ref name="rte.ie">{{cite news |url=http://www.rte.ie/news/2010/1103/byeelection.html |title=Government to hold bye-election this month |work=[[RTÉ News]] |date=3 November 2010 |accessdate=3 November 2010 |archive-date=4 November 2010 |archive-url=https://web.archive.org/web/20101104165818/http://www.rte.ie/news/2010/1103/byeelection.html |url-status=live }}</ref> 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.<ref name=IT_unconstitutional>{{cite news |url=http://www.irishtimes.com/newspaper/ireland/2010/1104/1224282634957.html |title=Court declares byelection delay unconstitutional |newspaper=[[The Irish Times]] |date=4 November 2010 |access-date=26 December 2010 |archive-date=29 November 2010 |archive-url=https://web.archive.org/web/20101129100252/http://www.irishtimes.com/newspaper/ireland/2010/1104/1224282634957.html |url-status=live }}</ref> He further stated, |
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{{cquote|...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.<ref>{{cite web |url=http://courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/baf3228928ac3b4b802577d0003fedb8?OpenDocument |title=Doherty -v- Government of Ireland & Anor |work=www.courts.ie |date=3 November 2010 |accessdate=3 November 2010 |archive-date=14 August 2011 |archive-url=https://web.archive.org/web/20110814010317/http://courts.ie/judgments.nsf/597645521f07ac9a80256ef30048ca52/baf3228928ac3b4b802577d0003fedb8?OpenDocument |url-status=live }}</ref>}} |
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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 of Ireland|Supreme Court]].<ref name="rte.ie"/> On 26 November 2010, Doherty won the [[2010 Donegal South-West by-election|by-election]]. |
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== Post-judicial career == |
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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.<ref name="dbei 2017">{{cite web |title=Minister Mitchell O'Connor appoints Mr Justice Nicholas Kearns as chairperson of the Personal Injuries Commission |url=https://dbei.gov.ie/en/News-And-Events/Department-News/2017/January/10012017.html |website=dbei.gov.ie |accessdate=20 May 2020 |language=en |archive-date=23 May 2020 |archive-url=https://web.archive.org/web/20200523211753/https://dbei.gov.ie/en/News-And-Events/Department-News/2017/January/10012017.html |url-status=live }}</ref> |
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He became the deputy chairperson of the [[National Maternity Hospital, Dublin]] in 2015 and is a trustee of the [[Gate Theatre]].<ref>{{cite web |title=Meet the Board |url=http://www.nmh.ie/home/meet-the-board.14523.html |website=NMH |accessdate=20 May 2020 |archive-date=8 May 2020 |archive-url=https://web.archive.org/web/20200508155834/http://www.nmh.ie/home/meet-the-board.14523.html |url-status=live }}</ref><ref>{{cite web |title=Gate Theatre Board & Governance - The Gate Theatre, Dublin, Ireland |url=https://www.gatetheatre.ie/governance/ |website=Gate Theatre Dublin |accessdate=20 May 2020 |archive-date=11 May 2020 |archive-url=https://web.archive.org/web/20200511104645/https://www.gatetheatre.ie/governance/ |url-status=live }}</ref> |
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== Personal life == |
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He is married to Eleanor, with whom he has four sons.<ref name="IT 2004">{{cite news |title=Mr Justice Nicholas Kearns |url=https://www.irishtimes.com/news/mr-justice-nicholas-kearns-1.1165689 |accessdate=20 May 2020 |newspaper=The Irish Times |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923042310/https://www.irishtimes.com/news/mr-justice-nicholas-kearns-1.1165689 |url-status=live }}</ref> |
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==References== |
==References== |
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Latest revision as of 14:07, 24 January 2024
Nicholas Kearns | |
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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.