Nicholas Kearns
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 | 4 December 1946 Dublin, Ireland |
| 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.