Nicholas Kearns (born 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. He retired as President of the High Court on 19 December 2015.
Early career
Kearns was born in 1946 and educated at
St Mary's College, Dublin.
He attended
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 ...
and subsequently attended the
King's Inns. He also achieved a diploma in European law from UCD.
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 1968, the Bar of England and Wales in 1981 and became a senior counsel in March 1982.
His practice was primarily focused on personal injuries law.
Judicial career
High Court
He came a judge of the
High Court in 1998. At one stage, he was in charge of the competition law list.
He co-founded the Association of European Competition Law Judges.
He was an ad hoc judge of the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
,
serving from 2000 until 2009.
He was the chairperson of the
Referendum Commission
A Referendum Commission ( ga, An Coimisiún Reifrinn) is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the bod ...
convened for the
27th Amendment to the
Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
in 2004.
He has presided over 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 ...
, and the former Court of Criminal Appeal.
Supreme Court
He was elevated to the
Supreme Court of Ireland in 2004.
President of the High Court
He became the President of the High Court in October 2009. He retired in 2015 ahead of the mandatory retirement date in order to spend more time with family.
''Doherty v. Ireland''
On 12 July 2010, the
High Court granted leave to
Sinn Féin
Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland.
The original Sinn Féin organisation was founded in 1905 by Arthur Gri ...
Senator
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
Pearse Doherty
Pearse Daniel Doherty (born 6 July 1977) is an Irish Sinn Féin politician who has been a Teachta Dála (TD) for the Donegal constituency since the 2016 general election, and previously a TD for the Donegal South-West constituency from 2010 to ...
for a
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
into why a
by-election
A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election (Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election used to f ...
was not being held in
Donegal South-West. The seat was vacant since June 2009, following the resignation of
Fianna Fáil
Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christian- ...
TD Pat "the Cope" Gallagher
Pat "the Cope" Gallagher ( ir, Pádraig Ó Gallchóir; born 10 March 1948) is a former Irish Fianna Fáil politician who served as Leas-Cheann Comhairle of Dáil Éireann from 2016 to 2020 and as a Minister of State from 1987 to 1994 and from 20 ...
on his election to the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
. 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
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.
He further stated,
However, Justice Kearns did not order the
Government of Ireland
The Government of Ireland ( ga, Rialtas na hÉireann) is the cabinet that exercises executive authority in Ireland.
The Constitution of Ireland vests executive authority in a government which is headed by the , the head of government. The governm ...
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
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
to the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.
On 26 November 2010, Doherty won the
by-election
A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election (Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election used to f ...
.
Post-judicial career
Kearns was appointed by
Mary Mitchell O'Connor
Mary Mitchell O'Connor (born 10 June 1959) is a former Irish Fine Gael politician who served as a Minister of State from 2017 to 2020 and Minister for Jobs, Enterprise and Innovation from 2016 to 2017. She served as a Teachta Dála (TD) for the ...
in 2017 to become the chairperson of the Personal Injuries Commission. The purpose of the commission was to review claims process in Ireland.
He became the deputy chairperson of the
National Maternity Hospital, Dublin
The National Maternity Hospital ( ga, An tOspidéal Náisiúnta Máithreachais), popularly known as Holles Street Hospital, is a large maternity hospital in Ireland. The hospital is located at the eastern corner of Merrion Square, at its junction ...
in 2015 and is a trustee of the
Gate Theatre
The Gate Theatre is a theatre on Cavendish Row in Dublin, Ireland. It was founded in 1928.
History Beginnings
The Gate Theatre was founded in 1928 by Hilton Edwards and Micheál MacLiammóir with Daisy Bannard Cogley and Gearóid Ó Lochlai ...
.
Personal life
He is married to Eleanor, with whom he has four sons.
References
{{DEFAULTSORT:Kearns, Nicholas
Living people
1946 births
People educated at St Mary's College, Dublin
Alumni of University College Dublin
Presidents of the High Court (Ireland)
21st-century Irish judges
20th-century Irish lawyers
20th-century Irish judges
Chairpersons of the Referendum Commission
Alumni of King's Inns