Brian MacKenna (judge)
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Sir Bernard Joseph Maxwell MacKenna (12 September 1905 – 20 October 1989), known as Sir Brian MacKenna, was an Irish-born British barrister and judge. He was a High Court, sitting in the Queen's Bench Division, from 1961 to 1977.


Biography

Born in
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, MacKenna became a ward of chancery at a young age after the death of his father. He was educated at
Clongowes Wood College Clongowes Wood College SJ is a voluntary boarding school for boys near Clane, County Kildare, Ireland, founded by the Jesuits in 1814, which features prominently in James Joyce's semi-autobiographical novel ''A Portrait of the Artist as a Yo ...
,
University College, Dublin University College Dublin (commonly referred to as UCD) ( ga, Coláiste na hOllscoile, Baile Átha Cliath) is a public research university in Dublin, Ireland, and a collegiate university, member institution of the National University of Ireland ...
, in Germany, and at
New College, Oxford New College is one of the constituent colleges of the University of Oxford in the United Kingdom. Founded in 1379 by William of Wykeham in conjunction with Winchester College as its feeder school, New College is one of the oldest colleges at th ...
, where he was secretary of the Oxford Union. Having opted to set up practice in London instead of Dublin, MacKenna was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
by the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wal ...
in January 1932 and joined the Western Circuit. After pupillage with James Tucker, he joined the chambers of Walter Monckton, with whom MacKenna worked closely. He was made a
Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
in 1950 and elected a Master of the Bench of the Inner Temple in 1958. MacKenna was appointed to the High Court in 1961 and received the customary
knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...
. As a judge, he was critical of harsh sentencing, and in retirement was active within the Howard League. He produced a report, ''Justice in Prison'', in 1983, for the League. He died in 1989, having never married. After his death, his large personal library was auctioned by
Christie's Christie's is a British auction house founded in 1766 by James Christie (auctioneer), James Christie. Its main premises are on King Street, St James's in London, at Rockefeller Center in New York City and at Alexandra House in Hong Kong. It is ...
in 1998.


Selected cases

* ''
Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance ''Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance'' 9682 QB 497 is a UK labour law case concerning the definition of a contract of service, rather than a contract for services. The distinction is important beca ...
''
968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (the ...
2 QB 497 * '' Lambert v Co-operative Insurance Society Ltd'' 9752 Lloyd's Rep 485


References

{{DEFAULTSORT:MacKenna, Brian British King's Counsel Knights Bachelor Queen's Bench Division judges Members of the Inner Temple Alumni of New College, Oxford Alumni of University College Dublin 1905 births 1989 deaths