University College Cork
University College Cork – National University of Ireland, Cork (UCC) ( ga, Coláiste na hOllscoile Corcaigh) is a constituent university of the National University of Ireland, and located in Cork.
The university was founded in 1845 as one of ...
in 1971 with a BCL degree and the
King's Inns
The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
in 1972. He holds a master's degree in European law from
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 ...
, which he obtained while a High court judge.
Legal career
He was called to the
Bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (u ...
in 1972. He became a
Senior Counsel
The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
in October 1987, on the same day as future Supreme Court colleagues Susan Denham and
Mary Laffoy
Mary Eleanor Laffoy, SC (born 17 June 1945) is a retired Irish judge who is currently President of the Law Reform Commission. She previously served as a Judge of the Supreme Court from 2013 to 2017, and a Judge of the High Court from 1995 to ...
. His practice focused on commercial law, medical negligence, chancery law and the law related to local authorities. He also appeared in cases involving judicial review.
He was elected chairman of the Bar Council in 1999 (succeeding John MacMenamin), and was elected again in 2000. He was the vice chairman in 1993 and 1997. He served a term as the chair of the professional practices committee of the Bar Council, and was a member of the Commission on the Private Rented Residential Sector, the Valuation Tribunal and the Courts Service Board. He is a
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
of the King's Inns.
Judicial career
High Court
McKechnie was appointed as a Judge of the High Court in October 2000. He presided over competition matters in the High Court from 2004 to 2010. He heard the case of '' Competition Authority v. Beef Industry Development Society'' at first instance in 2006. He also sat as a judge in the
Special Criminal Court
The Special Criminal Court (SCC; ga, Cúirt Choiriúil Speisialta) is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases.
Legal basis
Article 38 of the Constitution of Ireland empowers the Dáil to ...
declaration of incompatibility
A declaration of incompatibility in UK constitutional law is a declaration issued by a United Kingdom judge that a statute is incompatible with the European Convention of Human Rights under the Human Rights Act 1998 section 4. This is a central pa ...
under the
European Convention on Human Rights Act 2003
The European Convention of Human Rights Act 2003 is an act of the Irish parliament, the Oireachtas, which gave further effect to the European Convention on Human Rights in Irish law. It is substantially similar to the UK's Human Rights Act 1998. ...
in '' Foy v An t-Ard Chláraitheoir''. He heard the ''
Miss D
Miss D refers to an abortion case in Ireland, Amy Dunne was a girl who wanted to travel to the United Kingdom for an abortion. Her identity was kept private at the time, and she was referred to only as Miss D.
Amy Dunne was a teenage girl who bec ...
'' case in 2007, where he determined that a seventeen-year-old girl in care could travel to the United Kingdom to obtain an abortion. An editorial in the ''
Irish Examiner
The ''Irish Examiner'', formerly ''The Cork Examiner'' and then ''The Examiner'', is an Irish national daily newspaper which primarily circulates in the Munster region surrounding its base in Cork, though it is available throughout the country. ...
'' said the decision was "compassionate, sympathetic and landmark". Also in 2007, he decided in the ''Mr. G'' case that an unmarried father had a right to withhold or give consent before their child is removed from the country. The Supreme Court upheld the decision. He heard a challenge to the legality of the
Twenty-eighth Amendment of the Constitution of Ireland
The Twenty-eighth Amendment of the Constitution (Treaty of Lisbon) Act 2009 (previously bill no. 49 of 2009) is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Lisbon of the European Union. It was a ...
in 2009.
His decision in ''
Digital Rights Ireland
Digital Rights Ireland is a digital rights advocacy and lobbying group based in Ireland. The group works for civil liberties in a digital age.
Telecommunications data retention
In 2012, the group brought an action before the Irish High Court, w ...
standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
Supreme Court of Ireland
, image = Coat of arms of Ireland.svg
, imagesize = 120px
, alt =
, caption = Coat of Arms of Ireland
, image2 = Four Courts, Dublin 2014-09-13.jpg
, imagesize2 =
, alt2 ...
, following the retirement of
Hugh Geoghegan
Hugh Geoghegan (born 16 May 1938) is a retired Irish judge who served as a Judge of the Supreme Court from 2000 to 2010 and a Judge of the High Court from 1992 to 200 He was appointed by
President of Ireland
The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces.
The president holds office for seven years, and can ...
Mary McAleese
Mary Patricia McAleese ( ; ga, Máire Pádraigín Mhic Ghiolla Íosa; ; born 27 June 1951) is an Irish activist lawyer and former politician who served as the eighth president of Ireland from November 1997 to November 2011. She is an academic ...
in July 2010. He was the first graduate of UCC to be appointed to the Supreme Court.
Among his judgments adopted unanimously by the court included cases involving family law, judicial review, tax law, insolvency law, immigration law, European Union law, and extradition.
McKechnie wrote dissents in significant decisions of the court. In 2015, in ''
DPP
DPP may stand for:
Business
*Digital Production Partnership, of UK public service broadcasters
* Direct Participation Program, a financial security
* Discounted payback period
Photography
* Digital Photo Professional, Canon software
Law en ...
Adrian Hardiman
Adrian Hardiman (21 May 1951 – 7 March 2016) was an Irish judge who served as a Judge of the Supreme Court from 2000 to 2016.
Early life and education
Adrian Hardiman was born on 21 May 1951, in Coolock, Dublin. His father was a teacher and Pr ...
, declining to depart from previous court decisions regarding the
exclusionary rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be consider ...
in Ireland. He disagreed with six other judges of the Supreme Court in 2017 in ''DPP v Doyle'' by holding that people in custody had a right of access to a solicitor during questioning. In '' Persona Digital Telephony Ltd v. Minister for Public Enterprise, Ireland'' he wrote the sole dissent from the majority regarding the position of
champerty and maintenance
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation:
*Maintenance is the intermeddling of a disinterested party to encourage a lawsuit. It is: "A taking in hand, a bearing up or upholdin ...
in Irish law. The approach of McKechnie in ''Gorry v. Minister for Justice and Equality'', where he held that there was a constitutional right for spouses to cohabit, was not adopted by his colleagues.
He was a member of the Administration of Civil Justice Review Report chaired by Peter Kelly which made recommendations on modernising and lowering the cost of civil litigation in the Irish courts.
He retired upon reaching the mandatory retirement age of 70 in April 2021.