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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

from 2004 to 2009.

Early life

Kearns was born in 1946 and educated at

St Mary's College, Dublin St Mary's College C.S.Sp. (Congregatio Sancti Spiritus) is a voluntary secondary school, voluntary boys' primary and secondary school run by the Holy Ghost Fathers, Congregation of the Holy Spirit and located in Rathmines, Dublin, Republic of Ire ...

. He attended

University College Dublin University College Dublin (), commonly referred to as UCD, is a public research university in Dublin, Ireland, and a collegiate university, member institution of the National University of Ireland. With 38,417 students, it is Ireland's largest ...

and subsequently attended the

King's Inns The Honorable Society of King's Inns () 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 environments. The Benchers of King's Inns aw ...

. He also achieved a diploma in European law from UCD.

Legal career

He was called to the bar in 1968, the

Bar of England and Wales Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecutio ...

in 1981 and became a senior counsel in March 1982. His practice was primarily focused on personal injuries law.

Judicial career

High Court

He was appointed a High Court judge 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 (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...

, serving from 2000 until 2009. He was the chairperson of the

Referendum Commission A Referendum Commission () was an independent statutory body in Ireland which had been set up in advance of referendums in Ireland from 1998 to 2019. The Referendum Act 1998 as amended by the Referendum Act 2001 provided for the establishment of ...

convened for the 27th Amendment to the

Constitution of Ireland The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...

in 2004. He has presided over the

Special Criminal Court The Special Criminal Court (SCC; ) 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 establish "special courts" with ...

, and the former Court of Criminal Appeal.

Supreme Court

He was elevated to the

Supreme Court of Ireland The Supreme Court of Ireland () is the highest judicial authority in Republic of Ireland, Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal (Ireland), Court of Appeal and the High Court (Ireland), Hig ...

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 to spend more time with family.

''Doherty v. Ireland''

On 12 July 2010, the High Court granted leave to

Sinn Féin Sinn Féin ( ; ; ) is an Irish republican and democratic socialist political party active in both the Republic of Ireland and Northern Ireland. The History of Sinn Féin, original Sinn Féin organisation was founded in 1905 by Arthur Griffit ...

Senator A senate is a deliberative assembly, often the upper house or Legislative chamber, chamber of a bicameral legislature. The name comes from the Ancient Rome, ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior ...

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 t ...

for a

judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...

into why a

by-election A by-election, also known as a special election in the United States and the Philippines, or a bypoll in India, is an election used to fill an office that has become vacant between general elections. A vacancy may arise as a result of an incumben ...

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 (), is a centre to centre-right political party in Ireland. Founded as a republican party in 1926 by Éamon de ...

Pat "the Cope" Gallagher Patrick Gallagher (; born 10 March 1948) is an Irish Fianna Fáil politician who has been a Teachta Dála (TD) for the Donegal constituency since the 2024 general election, and previously from 1981 to 1997, 2002 to 2009, 2016 to 2020. He serv ...

on his election to the

European Parliament The European Parliament (EP) is one of the two 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 ...

. 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 () is the executive (government), executive authority of Republic of Ireland, Ireland, headed by the , the head of government. The government – also known as the cabinet (government), cabinet – is composed of Mini ...

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 Legal case, 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 cla ...

to the

. On 26 November 2010, Doherty won the

Post-judicial career

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 the claims process in Ireland. He became the deputy chairperson of the

National Maternity Hospital, Dublin The National Maternity Hospital (), popularly known as Holles Street Hospital, is a large maternity hospital in Ireland. It is at the eastern corner of Merrion Square, at its junction with Holles Street and Mount Street Lower, Lower Mount Street i ...

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 Lochla ...

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 judges Chairpersons of the Referendum Commission Alumni of King's Inns Irish Senior Counsel Lawyers from County Dublin