Mary Finlay Geoghegan: Difference between revisions
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{{Short description|Irish judge and lawyer}} |
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{{Use dmy dates|date=February 2022}} |
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| name = Mary Finlay Geoghegan |
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{{Use Hiberno-English|date=February 2022}} |
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| image = |
| image = |
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| office = Judge of the [[Supreme Court of Ireland|Supreme Court]] |
| office = Judge of the [[Supreme Court of Ireland|Supreme Court]] |
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| term_start = 1 December 2017 |
| term_start = 1 December 2017 |
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| term_end = 16 June 2019 |
| term_end = 16 June 2019 |
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| nominator = [[Government of |
| nominator = [[31st Government of Ireland|Government of Ireland]] |
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| appointer = [[Michael D. Higgins]] |
| appointer = [[Michael D. Higgins]] |
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| office1 = Judge of the [[Court of Appeal (Ireland)|Court of Appeal]] |
| office1 = Judge of the [[Court of Appeal (Ireland)|Court of Appeal]] |
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| term_start1 = 29 October 2014 |
| term_start1 = 29 October 2014 |
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| term_end1 = 30 November 2017 |
| term_end1 = 30 November 2017 |
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| nominator1 = [[Government of |
| nominator1 = [[29th Government of Ireland|Government of Ireland]] |
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| appointer1 = Michael D. Higgins |
| appointer1 = Michael D. Higgins |
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| office2 = Judge of the [[High Court (Ireland)|High Court]] |
| office2 = Judge of the [[High Court (Ireland)|High Court]] |
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| term_start2 = 3 July 2002 |
| term_start2 = 3 July 2002 |
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| term_end2 = 28 October 2014 |
| term_end2 = 28 October 2014 |
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| nominator2 = [[Government of |
| nominator2 = [[26th Government of Ireland|Government of Ireland]] |
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| appointer2 = [[Mary McAleese]] |
| appointer2 = [[Mary McAleese]] |
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| birth_name = Mary Finlay |
| birth_name = Mary Finlay |
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| nationality = [[Irish people|Irish]] |
| nationality = [[Irish people|Irish]] |
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| party = [[Fine Gael]] |
| party = [[Fine Gael]] |
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| spouse = [[Hugh Geoghegan]] |
| spouse = {{marriage|[[Hugh Geoghegan]]|1981}} |
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| children = 3 |
| children = 3, including [[James Geoghegan (Fine Gael politician)|James]] |
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| father = [[Thomas Finlay (judge)|Thomas Finlay]] |
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| relatives = {{Ubl||[[Thomas Finlay (Cumann na nGaedheal politician)|Thomas Finlay]] (grandfather)|[[John Blayney]] (uncle)|[[James Geoghegan]] (father-in-law)}} |
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| education = |
| education = |
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| alma_mater = {{Ubl|[[University College Dublin]]|[[College of Europe]]|[[Law Society of Ireland]]}} |
| alma_mater = {{Ubl|[[University College Dublin]]|[[College of Europe]]|[[Law Society of Ireland]]}} |
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| signature = |
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'''Mary Finlay Geoghegan''' ( |
'''Mary Finlay Geoghegan''' ({{nee|Finlay}}; born 1949) is a retired Irish judge and lawyer. She was appointed to the [[High Court (Ireland)|High Court]] in 2002 and promoted to a newly established [[Court of Appeal (Ireland)|Court of Appeal]] from 2014. She became a Judge of the [[Supreme Court of Ireland]] from 2017, before retiring in 2019. |
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Finlay Geoghegan specialised in commercial law. She originally practised as a [[solicitor]] in a corporate law firm, before becoming a [[barrister]] where she had a broad commercial and civil practice. |
Finlay Geoghegan specialised in commercial law. She originally practised as a [[solicitor]] in a corporate law firm, before becoming a [[barrister]] where she had a broad commercial and civil practice. |
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Her judicial career included temporary positions at the [[European Court of Human Rights]] and the [[Referendum Commission]]. |
Her judicial career included temporary positions at the [[European Court of Human Rights]] and the [[Referendum Commission]]. |
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== Early life == |
== Early life == |
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Finlay was born to [[Thomas Finlay (judge)|Thomas Finlay]] and Alice Blayney.<ref name="T Finlay Obit">{{cite news |title=A considerate, patient and shrewd chief justice |url=https://www.irishtimes.com/opinion/a-considerate-patient-and-shrewd-chief-justice-1.3327314 | |
Finlay was born to [[Thomas Finlay (judge)|Thomas Finlay]] and Alice Blayney.<ref name="T Finlay Obit">{{cite news |title=A considerate, patient and shrewd chief justice |url=https://www.irishtimes.com/opinion/a-considerate-patient-and-shrewd-chief-justice-1.3327314 |date=16 December 2017 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |access-date=19 April 2020 |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130518/https://www.irishtimes.com/opinion/a-considerate-patient-and-shrewd-chief-justice-1.3327314 |url-status=live }}</ref><ref>{{cite news |title=Several reports already compiled |url=https://www.irishtimes.com/news/several-reports-already-compiled-1.51346 |access-date=19 April 2020 |date=12 March 1997 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130458/https://www.irishtimes.com/news/several-reports-already-compiled-1.51346 |url-status=live }}</ref> She is the eldest of five siblings.<ref name="Sunday Independent 1970">{{cite news |last1=Hynes |first1=Ita |title=First woman auditor |newspaper=[[Sunday Independent (Ireland)|Sunday Independent]] |location=Dublin |issn=0039-5218 |language=en |date=1 November 1970}}</ref> Her father was the [[Chief Justice of Ireland]] between 1985 and 1994.<ref name="IT Retire">{{cite news |last1=Carolan |first1=Mary |title=Courts need more resources to administer justice, judge warns |url=https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/courts-need-more-resources-to-administer-justice-judge-warns-1.3916865 |access-date=6 June 2019 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |date=6 June 2019 |archive-date=7 June 2019 |archive-url=https://web.archive.org/web/20190607003441/https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/courts-need-more-resources-to-administer-justice-judge-warns-1.3916865 |url-status=live }}</ref> Her paternal grandfather [[Thomas Finlay (Cumann na nGaedheal politician)|Thomas Finlay]] was a [[Cumann na nGaedheal]] politician. Her mother was called to the [[Bar of Ireland|Bar]] in 1946, though never practised.<ref name="Gazette speech" /> Her maternal uncle [[John Blayney]] was also a Supreme Court judge.<ref>{{cite news |title=Obituary: Judge John Blayney |url=https://www.independent.ie/irish-news/obituary-judge-john-blayney-37042739.html |access-date=19 April 2020 |date=24 June 2018 |newspaper=[[Irish Independent]] |location=Dublin |issn=0021-1222 |language=en |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130458/https://www.independent.ie/irish-news/obituary-judge-john-blayney-37042739.html |url-status=live }}</ref> |
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She was educated at Sacred Heart Convent, [[Monkstown, County Dublin]] and obtained a double first [[Bachelor of Arts|BA]] in Mathematics and Mathematical Physics from [[University College Dublin]].<ref name="Consumer Chair" /><ref name="Gazette speech" /> At UCD, she played for the university hockey team and in diving was a Leinster Junior champion.<ref name="Sunday Independent 1970" /> She was elected the first female auditor of the [[Literary and Historical Society (University College Dublin)|UCD L&H]], serving between 1970 and 1971.<ref>{{cite news |title=Debatable days |url=https://www.irishtimes.com/news/education/debatable-days-1.247976 | |
She was educated at Sacred Heart Convent, [[Monkstown, County Dublin]] and obtained a double first [[Bachelor of Arts|BA]] in Mathematics and Mathematical Physics from [[University College Dublin]].<ref name="Consumer Chair" /><ref name="Gazette speech" /> At UCD, she played for the university hockey team and in diving was a Leinster Junior champion.<ref name="Sunday Independent 1970" /> She was elected the first female auditor of the [[Literary and Historical Society (University College Dublin)|UCD L&H]], serving between 1970 and 1971.<ref>{{cite news |title=Debatable days |url=https://www.irishtimes.com/news/education/debatable-days-1.247976 |date=22 February 2000 |access-date=19 April 2020 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130522/https://www.irishtimes.com/news/education/debatable-days-1.247976 |url-status=live }}</ref> She took over running the society at the age of 21 and described herself as being "an awfully logical person", on account of her mathematical background.<ref>{{cite news |title=Mary's the first girl who has talked her way to the top|date=30 October 1970 |newspaper=[[Irish Independent]] |location=Dublin |issn=0021-1222 |language=en}}</ref> Future Supreme Court judge [[Adrian Hardiman]] served on her L&H committee.<ref>{{cite news |title=Woman Takes Over L and H |issue=Irish Press |date=18 May 1970}}</ref> The topic of her inaugural address was the "[[Just society#Irish usage|Just Society]]" and featured contributions from [[Mary Robinson]], [[Declan Costello]] and [[Brian Walsh (judge)|Brian Walsh]].<ref>{{cite news |title=The Law and the Just Society |date=5 December 1970 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> |
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She attended the [[Law Society of Ireland]] and later studied for a postgraduate course in [[European Economic Community|EEC studies]] at the [[College of Europe|College of Europe, Bruges]] following qualification and on a scholarship.<ref name="SC 2018">{{cite web |title=2018 Supreme Court Annual Report |url=http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/721D16DCC8DE6F45802583B00037C20A/$FILE/2018%20Supreme%20Court%20Annual%20Report.pdf |website=Supreme Court | |
She attended the [[Law Society of Ireland]] and later studied for a postgraduate course in [[European Economic Community|EEC studies]] at the [[College of Europe|College of Europe, Bruges]] following qualification and on a scholarship.<ref name="SC 2018">{{cite web |title=2018 Supreme Court Annual Report |url=http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/721D16DCC8DE6F45802583B00037C20A/$FILE/2018%20Supreme%20Court%20Annual%20Report.pdf |website=Supreme Court |access-date=21 April 2019 |ref=2018 |archive-date=21 December 2019 |archive-url=https://web.archive.org/web/20191221193853/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/721D16DCC8DE6F45802583B00037C20A/$FILE/2018%20Supreme%20Court%20Annual%20Report.pdf |url-status=live }}</ref><ref name="Gazette speech" /> |
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== Legal career == |
== Legal career == |
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=== Early career === |
=== Early career === |
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She was admitted as a [[ |
She was admitted as a [[solicitor]] in 1973.<ref name="SC 2018" /> She practised at McCann, FitzGerald, Roche and Dudley, where she was a partner.<ref name="Gazette speech">{{cite news |title=Retiring judge warns Government on ‘unacceptable delays’ in accessing justice |url=https://www.lawsociety.ie/gazette/top-stories/retiring-judge-warns-government-on-unacceptable-delays-in-accessing-justice/ |access-date=20 April 2020 |website=[[Law Society of Ireland]] |archive-date=23 June 2019 |archive-url=https://web.archive.org/web/20190623182236/https://www.lawsociety.ie/gazette/top-stories/retiring-judge-warns-government-on-unacceptable-delays-in-accessing-justice/ |url-status=live}}</ref> |
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Finlay was subsequently called to the [[Bar |
Finlay was subsequently called to the [[Bar of Ireland|bar]] in 1980.<ref name="SC 2018" /> She devilled for [[Peter Kelly (judge)|Peter Kelly]].<ref name="Gazette speech" /> As a junior counsel practice included commercial, injunctive and insolvency matters,<ref>{{cite news |title=Plane ruling next week |date=22 March 1985 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref><ref>{{cite news |title=Trophy firm goes into liquidation |date=15 February 1985 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> including representing the Irish government in proceedings related to the [[Allied Irish Banks#1985 ICI collapse|1985 collapse of the Insurance Corporation of Ireland]].<ref>{{cite news |title=Court appoints McCann as ICI administrator |date=26 March 1985 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> She was called to the [[Barristers in England and Wales|Bar of England and Wales]] at [[Middle Temple]] in May 1987.<ref name="Middle Temple">{{cite web |title=Middle Temple |url=https://www.middletemple.org.uk/bencher-persons-view?cid=32481 |website=[[Middle Temple]] |access-date=20 April 2020 |archive-date=29 September 2020 |archive-url=https://web.archive.org/web/20200929023014/https://www.middletemple.org.uk/bencher-persons-view?cid=32481 |url-status=live}}</ref> |
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=== Senior Counsel === |
=== Senior Counsel === |
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She became a [[Senior Counsel]] in 1988.<ref name="SC 2018" /> She was called to [[Bar of Northern Ireland]] in 1989.<ref>{{cite news |title=The six Dublin-based barrister who were called to the High Court in |
She became a [[Senior Counsel]] in 1988.<ref name="SC 2018" /> She was called to [[Bar of Northern Ireland]] in 1989.<ref>{{cite news |title=The six Dublin-based barrister who were called to the High Court in Belfas|date=15 April 1989 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> She was also called to the [[New South Wales Bar Association]] in 1992.<ref name="SC 2018" /> She continued practising in commercial matters, including employment and tax law disputes.<ref>{{cite news |title=Employment Equality Act 1977 does not have retrospective effect |date=21 May 1990 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref><ref>{{cite news |title=Doctor begins case against withholding tax system |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> She also appeared in immigration and personal injuries cases.<ref>{{cite news |title=Case on refugee status settled |work=The Irish Times |date=13 July 1991}}</ref><ref>{{cite news |title=Settlement of personal injuries action with one co-defendant does not constitute 'satisfaction' of claim against all defendants |work=The Irish Times |date=11 May 1992}}</ref> She represented [[Paul McGuinness]] and Windmill Lane Productions in the judicial review of a decision of the [[Broadcasting Authority of Ireland|Independent Radio and Television Commission]] to revoke a licence to establish [[Virgin Media One|TV3]].<ref>{{cite news |title=Judgment reserved in TV3 case |date=20 March 1992 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> |
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Finlay Geoghegan acted as an independent legal adviser to the State on matters of [[European Union law|EC law]] in 1996.<ref>{{cite web |title=Dáil Debates, 18 April 1996 |url=https://www.oireachtas.ie/en/debates/debate/dail/1996-04-18/23/ | |
Finlay Geoghegan acted as an independent legal adviser to the State on matters of [[European Union law|EC law]] in 1996.<ref>{{cite web |title=Dáil Debates, 18 April 1996 |url=https://www.oireachtas.ie/en/debates/debate/dail/1996-04-18/23/ |access-date=19 April 2020 |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130601/https://www.oireachtas.ie/en/debates/debate/dail/1996-04-18/23/ |url-status=live }}</ref> She acted for the [[Attorney General of Ireland]] in a [[Council of State (Ireland)#Referring of bills|reference]] made by President Mary Robinson under Article 26 of the [[Constitution of Ireland]] to the Supreme Court regarding the Employment Equality Bill of 1997.<ref>{{cite news |title=Equal Status Bill hearing is fixed for next month |date=13 May 1997 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> She appeared for RTÉ in constitutional cases in the Supreme Court regarding the need for equal time in [[Amendments to the Constitution of Ireland|referendums]] coverage.<ref>{{cite news |last1=Carolan |first1=Mary |title=AG accused of trying to circumvent McKenna case ruling |url=https://www.irishtimes.com/news/ag-accused-of-trying-to-circumvent-mckenna-case-ruling-1.148691 |access-date=19 April 2020 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130502/https://www.irishtimes.com/news/ag-accused-of-trying-to-circumvent-mckenna-case-ruling-1.148691 |url-status=live }}</ref> |
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She is a [[bencher]] at the [[King's Inns]] since 1996 and Middle Temple since 2012.<ref name="Middle Temple" /> |
She is a [[bencher]] at the [[King's Inns]] since 1996 and Middle Temple since 2012.<ref name="Middle Temple" /> |
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=== Other appointments === |
=== Other appointments === |
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Finlay was appointed chair of the National Consumer Advisory Council in 1976.<ref name="Consumer Chair">{{cite news |title=New Chairman Appointed to Consumer Advisory Council | |
Finlay was appointed chair of the National Consumer Advisory Council in 1976.<ref name="Consumer Chair">{{cite news |title=New Chairman Appointed to Consumer Advisory Council |date=6 April 1976 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref> She has been a board member of the Dublin Gas Board, the [[Mater Misericordiae University Hospital]] and the [[Temple Street Children's University Hospital]], where she was chair between 2001 and 2004.<ref name="SC 2019" /><ref>{{cite news |title=Board members vied for control |date=12 April 1986 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en}}</ref><ref name="NCRC" /> |
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She joined the [[Law Reform Commission (Ireland)|Law Reform Commission]] in October 1980 as a part |
She joined the [[Law Reform Commission (Ireland)|Law Reform Commission]] in October 1980 as a part-time member to serve a five-year term.<ref>{{cite web |title=Dáil Debates 8 April 1981 |url=https://www.oireachtas.ie/ga/debates/debate/dail/1981-04-08/52/ |access-date=19 April 2020 |archive-date=4 November 2019 |archive-url=https://web.archive.org/web/20191104234644/https://www.oireachtas.ie/ga/debates/debate/dail/1981-04-08/52/ |url-status=live }}</ref> She was a convenor of the [[Constitution Review Group]] from 1995.<ref>{{cite web |title=Dáil Debates, 5 March 1997 |url=https://www.oireachtas.ie/ga/debates/debate/dail/1997-03-05/69/ |publisher=Oireachtas |access-date=19 April 2020 |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130541/https://www.oireachtas.ie/ga/debates/debate/dail/1997-03-05/69/ |url-status=live }}</ref> |
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She is currently a board member of the National Children's Research Centre and a governor of the [[Royal Hospital, Donnybrook]].<ref name="NCRC">{{cite web |title=Mary Finlay Geoghegan |url=https://www.nationalchildrensresearchcentre.ie/board_member/mary-finlay-geoghegan/ |publisher=National Children's Research Centre | |
She is currently a board member of the National Children's Research Centre and a governor of the [[Royal Hospital, Donnybrook]].<ref name="NCRC">{{cite web |title=Mary Finlay Geoghegan |url=https://www.nationalchildrensresearchcentre.ie/board_member/mary-finlay-geoghegan/ |publisher=National Children's Research Centre |access-date=20 April 2020 |archive-date=15 August 2020 |archive-url=https://web.archive.org/web/20200815012107/https://www.nationalchildrensresearchcentre.ie/board_member/mary-finlay-geoghegan/ |url-status=live }}</ref> |
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== Judicial career == |
== Judicial career == |
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=== High Court === |
=== High Court === |
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She was appointed to the [[High Court (Ireland)|High Court]] in July 2002.<ref name="Gov SC">{{cite web |title=Gov.ie - Appointments to the Supreme Court, Court of Appeal and to the High Court |url=https://www.gov.ie/ga/preasraitis/1483c9-appointments-to-the-supreme-court-court-of-appeal-and-to-the-high-co/ |website=www.gov.ie | |
She was appointed to the [[High Court (Ireland)|High Court]] in July 2002, following in the footsteps of her father.<ref name="Gov SC">{{cite web |title=Gov.ie - Appointments to the Supreme Court, Court of Appeal and to the High Court |url=https://www.gov.ie/ga/preasraitis/1483c9-appointments-to-the-supreme-court-court-of-appeal-and-to-the-high-co/ |website=www.gov.ie |access-date=20 April 2020 |archive-date=26 January 2021 |archive-url=https://web.archive.org/web/20210126081020/https://www.gov.ie/ga/preasraitis/1483c9-appointments-to-the-supreme-court-court-of-appeal-and-to-the-high-co/ |url-status=live }}</ref> Her appointment came at the same time as [[Michael Peart (judge)|Michael Peart]], who was said to be the first solicitor to be appointed to the High Court, though she had previously been a solicitor.<ref>{{cite news |last1=Coulter |first1=Carol |title=Nine new judges named include a solicitor |url=https://www.irishtimes.com/news/nine-new-judges-named-include-a-solicitor-1.1062037 |access-date=19 April 2020 |date=27 June 2002 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130503/https://www.irishtimes.com/news/nine-new-judges-named-include-a-solicitor-1.1062037 |url-status=live }}</ref> She was assigned to the Commercial list in 2004.<ref name="Merrion Street 2014" /> Together with [[Peter Kelly (judge)|Peter Kelly]], they were the first judges to preside over a newly established Commercial Court within the High Court in 2004 to hear cases which were complex or with a claim in excess of €1 million.<ref>{{cite news |title=New hi-tech business court opens in Dublin |url=https://www.irishtimes.com/news/new-hi-tech-business-court-opens-in-dublin-1.992634 |access-date=20 April 2020 |date=18 October 2004 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130603/https://www.irishtimes.com/news/new-hi-tech-business-court-opens-in-dublin-1.992634 |url-status=live }}</ref> She also has been in charge of the Examiners Court list and The Hague Convention on Child Abduction list.<ref name="Merrion Street 2014">{{cite news | url=http://www.taoiseach.gov.ie/eng/News/Government_Press_Releases/Appointments_to_the_Court_of_Appeal.html |work=Department of the Taoiseach |title=Appointments to the Court of Appeal |date=29 October 2014 |access-date=17 January 2016 |archive-date=8 February 2019 |archive-url=https://web.archive.org/web/20190208162544/https://www.taoiseach.gov.ie/eng/News/Government_Press_Releases/Appointments_to_the_Court_of_Appeal.html |url-status=live}}</ref> |
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She was an ad hoc judge of the [[European Court of Human Rights]] between 2009 and 2010.<ref name="SC 2018" /> She was a member of the court which heard ''[[A, B and C v Ireland]]'' which found that Ireland had breached [[Article 8 of the European Convention on Human Rights|Article 8]] of the [[European Convention on Human Rights]] for failure to provide abortion services.<ref>{{cite court |litigants=A, B and C v Ireland |court=European Court of Human Rights |date= 16 December 2010|url=https://www.dfa.ie/media/dfa/alldfawebsitemedia/ourrolesandpolicies/internationallaw/echr-a-b-and-c-vs-ireland-2010.pdf |access-date=20 April 2020 }}</ref> |
She was an ad hoc judge of the [[European Court of Human Rights]] between 2009 and 2010.<ref name="SC 2018" /> She was a member of the court which heard ''[[A, B and C v Ireland]]'' which found that Ireland had breached [[Article 8 of the European Convention on Human Rights|Article 8]] of the [[European Convention on Human Rights]] for failure to provide abortion services.<ref>{{cite court |litigants=A, B and C v Ireland |court=European Court of Human Rights |date= 16 December 2010|url=https://www.dfa.ie/media/dfa/alldfawebsitemedia/ourrolesandpolicies/internationallaw/echr-a-b-and-c-vs-ireland-2010.pdf |access-date=20 April 2020 }}</ref> |
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=== Court of Appeal === |
=== Court of Appeal === |
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The establishment of the [[Court of Appeal (Ireland)|Court of Appeal]] in 2014 led to her appointment as one of the first six ordinary judges to be appointed to the court.<ref>{{cite news |title=Announcement of six Judges Designate of the Court of Appeal |url=https://merrionstreet.ie/en/News-Room/Releases/announcement-of-six-judges-designate-of-the-court-of-appeal.html | |
The establishment of the [[Court of Appeal (Ireland)|Court of Appeal]] in 2014 led to her appointment as one of the first six ordinary judges to be appointed to the court.<ref>{{cite news |title=Announcement of six Judges Designate of the Court of Appeal |url=https://merrionstreet.ie/en/News-Room/Releases/announcement-of-six-judges-designate-of-the-court-of-appeal.html |access-date=20 April 2020 |work=merrionstreet.ie |language=en |archive-date=1 August 2020 |archive-url=https://web.archive.org/web/20200801063355/https://merrionstreet.ie/en/News-Room/Releases/announcement-of-six-judges-designate-of-the-court-of-appeal.html |url-status=live}}</ref> She was also a member of a working group convened prior to its foundation.<ref name="SC 2018" /> |
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She served as chairperson of the [[Referendum Commission]] for the [[Thirty-first Amendment of the Constitution of Ireland|31st Amendment]] of the [[Constitution of Ireland]].<ref name="IT Retire" /> |
She served as chairperson of the [[Referendum Commission]] for the [[Thirty-first Amendment of the Constitution of Ireland|31st Amendment]] of the [[Constitution of Ireland]].<ref name="IT Retire" /> |
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=== Supreme Court === |
=== Supreme Court === |
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On 7 November 2017, the [[Government of Ireland]] nominated her for appointment by the [[President of Ireland]] to the [[Supreme Court of Ireland|Supreme Court]].<ref>{{cite news |
On 7 November 2017, the [[Government of Ireland]] nominated her for appointment by the [[President of Ireland]] to the [[Supreme Court of Ireland|Supreme Court]].<ref>{{cite news |url=https://merrionstreet.ie/en/News-Room/News/Appointments_to_the_Supreme_Court_Court_of_Appeal_and_to_the_High_Court.html |work=Merrionstreet.ie Irish Government New Service |title=Appointments to the Supreme Court, Court of Appeal and to the High Court |date=7 November 2017 |access-date=7 November 2017| archive-date=7 November 2017 |archive-url=https://web.archive.org/web/20171107220554/https://merrionstreet.ie/en/News-Room/News/Appointments_to_the_Supreme_Court_Court_of_Appeal_and_to_the_High_Court.html |url-status=live}}</ref> She was appointed by the President on 1 December 2017.<ref>{{cite news |url=http://www.president.ie/en/diary/details/president-appoints-new-judges |work=President.ie |title=President appoints new judges |date=1 December 2017 |access-date=10 December 2017 |archive-date=9 December 2017 |archive-url=https://web.archive.org/web/20171209133958/http://www.president.ie/en/diary/details/president-appoints-new-judges |url-status=live}}</ref> |
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Finlay Geoghegan retired as a judge on 16 June 2019.<ref name="Gazette Retire">{{cite news |title=Justice Finlay Geoghegan to retire from Supreme Court |url=https://www.lawsociety.ie/gazette/top-stories/justice-mary-finlay-geoghegan-to-retire-from-supreme-court/ | |
Finlay Geoghegan retired as a judge on 16 June 2019.<ref name="Gazette Retire">{{cite news |title=Justice Finlay Geoghegan to retire from Supreme Court |url=https://www.lawsociety.ie/gazette/top-stories/justice-mary-finlay-geoghegan-to-retire-from-supreme-court/ |access-date=6 June 2019 |work=Law Society Gazette |date=31 May 2019}}</ref> The Chief Justice [[Frank Clarke (judge)|Frank Clarke]] described her judicial contribution as "meticulous and firm" and marked by "an overlay of lightness and a deep underlay of humanity".<ref name="SC 2019">{{cite web |title=Supreme Court Annual Report 2019 |url=http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/3E96211DAA2B6F1C8025851A0035EF6C/$FILE/SupremeCourt_AnnualReport_2019_Online_LoRes.pdf |website=Supreme Court of Ireland |access-date=19 April 2020 |archive-date=26 October 2020 |archive-url=https://web.archive.org/web/20201026151744/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/3E96211DAA2B6F1C8025851A0035EF6C/$FILE/SupremeCourt_AnnualReport_2019_Online_LoRes.pdf |url-status=live }}</ref> Upon her retirement, she reflected on her belief in the need for more members of the judiciary to be appointed in Ireland in order for justice to be properly administered.<ref name="Gazette speech" /> |
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== Personal life == |
== Personal life == |
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She married [[Hugh Geoghegan]] in 1981, who was also a Judge of the High Court and later a Judge of the Supreme Court.<ref name="Gazette speech" /> Geoghegan is the son of Supreme Court judge [[James Geoghegan]]. Finlay Geoghegan and Geoghegan have two daughters and a son,<ref>{{cite news |last1=Rafter |first1=Kevin |title=Mr Justice Geoghegan for Supreme Court |url=https://www.irishtimes.com/news/mr-justice-geoghegan-for-supreme-court-1.248141 | |
She married [[Hugh Geoghegan]] in 1981, who was also a Judge of the High Court and later a Judge of the Supreme Court.<ref name="Gazette speech" /> Geoghegan is the son of Supreme Court judge [[James Geoghegan]]. Finlay Geoghegan and Geoghegan have two daughters and a son,<ref>{{cite news |last1=Rafter |first1=Kevin |title=Mr Justice Geoghegan for Supreme Court |url=https://www.irishtimes.com/news/mr-justice-geoghegan-for-supreme-court-1.248141 |access-date=19 April 2020 |date=23 February 2000 |newspaper=[[The Irish Times]] |issn=0791-5144 |location=Dublin |language=en |archive-date=5 July 2021 |archive-url=https://web.archive.org/web/20210705142637/https://www.irishtimes.com/news/mr-justice-geoghegan-for-supreme-court-1.248141 |url-status=live }}</ref> including James who is a barrister and [[Dublin City Council]]lor<ref>{{cite magazine |title=Young blood: James Geoghegan |url=https://www.thephoenix.ie/2019/07/young-blood-james-geoghegan/ |access-date=19 April 2020 |work=[[The Phoenix (magazine)|The Phoenix]] |date=8 July 2019 |archive-date=5 January 2022 |archive-url=https://web.archive.org/web/20220105130506/https://www.thephoenix.ie/2019/07/young-blood-james-geoghegan/ |url-status=live }}</ref> and was the [[Fine Gael]] candidate in the [[2021 Dublin Bay South by-election]].{{citation needed|date=February 2022}} |
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==References== |
==References== |
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[[Category:20th-century Irish lawyers]] |
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[[Category:Chairpersons of the Referendum Commission]] |
[[Category:Chairpersons of the Referendum Commission]] |
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[[Category:People from Naas]] |
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[[Category:Lawyers from County Kildare]] |
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[[Category:Irish solicitors]] |
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[[Category:Irish Senior Counsel]] |
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[[Category:21st-century Irish women judges]] |
Latest revision as of 08:58, 6 December 2024
Mary Finlay Geoghegan | |
---|---|
Judge of the Supreme Court | |
In office 1 December 2017 – 16 June 2019 | |
Nominated by | Government of Ireland |
Appointed by | Michael D. Higgins |
Judge of the Court of Appeal | |
In office 29 October 2014 – 30 November 2017 | |
Nominated by | Government of Ireland |
Appointed by | Michael D. Higgins |
Judge of the High Court | |
In office 3 July 2002 – 28 October 2014 | |
Nominated by | Government of Ireland |
Appointed by | Mary McAleese |
Personal details | |
Born | Mary Finlay 1949 (age 74–75) Naas, County Kildare, Ireland |
Political party | Fine Gael |
Spouse | |
Children | 3, including James |
Parent |
|
Relatives |
|
Alma mater | |
Mary Finlay Geoghegan (née Finlay; born 1949) is a retired Irish judge and lawyer. She was appointed to the High Court in 2002 and promoted to a newly established Court of Appeal from 2014. She became a Judge of the Supreme Court of Ireland from 2017, before retiring in 2019.
Finlay Geoghegan specialised in commercial law. She originally practised as a solicitor in a corporate law firm, before becoming a barrister where she had a broad commercial and civil practice.
Her judicial career included temporary positions at the European Court of Human Rights and the Referendum Commission.
Early life
[edit]Finlay was born to Thomas Finlay and Alice Blayney.[1][2] She is the eldest of five siblings.[3] Her father was the Chief Justice of Ireland between 1985 and 1994.[4] Her paternal grandfather Thomas Finlay was a Cumann na nGaedheal politician. Her mother was called to the Bar in 1946, though never practised.[5] Her maternal uncle John Blayney was also a Supreme Court judge.[6]
She was educated at Sacred Heart Convent, Monkstown, County Dublin and obtained a double first BA in Mathematics and Mathematical Physics from University College Dublin.[7][5] At UCD, she played for the university hockey team and in diving was a Leinster Junior champion.[3] She was elected the first female auditor of the UCD L&H, serving between 1970 and 1971.[8] She took over running the society at the age of 21 and described herself as being "an awfully logical person", on account of her mathematical background.[9] Future Supreme Court judge Adrian Hardiman served on her L&H committee.[10] The topic of her inaugural address was the "Just Society" and featured contributions from Mary Robinson, Declan Costello and Brian Walsh.[11]
She attended the Law Society of Ireland and later studied for a postgraduate course in EEC studies at the College of Europe, Bruges following qualification and on a scholarship.[12][5]
Legal career
[edit]Early career
[edit]She was admitted as a solicitor in 1973.[12] She practised at McCann, FitzGerald, Roche and Dudley, where she was a partner.[5]
Finlay was subsequently called to the bar in 1980.[12] She devilled for Peter Kelly.[5] As a junior counsel practice included commercial, injunctive and insolvency matters,[13][14] including representing the Irish government in proceedings related to the 1985 collapse of the Insurance Corporation of Ireland.[15] She was called to the Bar of England and Wales at Middle Temple in May 1987.[16]
Senior Counsel
[edit]She became a Senior Counsel in 1988.[12] She was called to Bar of Northern Ireland in 1989.[17] She was also called to the New South Wales Bar Association in 1992.[12] She continued practising in commercial matters, including employment and tax law disputes.[18][19] She also appeared in immigration and personal injuries cases.[20][21] She represented Paul McGuinness and Windmill Lane Productions in the judicial review of a decision of the Independent Radio and Television Commission to revoke a licence to establish TV3.[22]
Finlay Geoghegan acted as an independent legal adviser to the State on matters of EC law in 1996.[23] She acted for the Attorney General of Ireland in a reference made by President Mary Robinson under Article 26 of the Constitution of Ireland to the Supreme Court regarding the Employment Equality Bill of 1997.[24] She appeared for RTÉ in constitutional cases in the Supreme Court regarding the need for equal time in referendums coverage.[25]
She is a bencher at the King's Inns since 1996 and Middle Temple since 2012.[16]
Other appointments
[edit]Finlay was appointed chair of the National Consumer Advisory Council in 1976.[7] She has been a board member of the Dublin Gas Board, the Mater Misericordiae University Hospital and the Temple Street Children's University Hospital, where she was chair between 2001 and 2004.[26][27][28]
She joined the Law Reform Commission in October 1980 as a part-time member to serve a five-year term.[29] She was a convenor of the Constitution Review Group from 1995.[30]
She is currently a board member of the National Children's Research Centre and a governor of the Royal Hospital, Donnybrook.[28]
Judicial career
[edit]High Court
[edit]She was appointed to the High Court in July 2002, following in the footsteps of her father.[31] Her appointment came at the same time as Michael Peart, who was said to be the first solicitor to be appointed to the High Court, though she had previously been a solicitor.[32] She was assigned to the Commercial list in 2004.[33] Together with Peter Kelly, they were the first judges to preside over a newly established Commercial Court within the High Court in 2004 to hear cases which were complex or with a claim in excess of €1 million.[34] She also has been in charge of the Examiners Court list and The Hague Convention on Child Abduction list.[33]
She was an ad hoc judge of the European Court of Human Rights between 2009 and 2010.[12] She was a member of the court which heard A, B and C v Ireland which found that Ireland had breached Article 8 of the European Convention on Human Rights for failure to provide abortion services.[35]
Court of Appeal
[edit]The establishment of the Court of Appeal in 2014 led to her appointment as one of the first six ordinary judges to be appointed to the court.[36] She was also a member of a working group convened prior to its foundation.[12]
She served as chairperson of the Referendum Commission for the 31st Amendment of the Constitution of Ireland.[4]
Supreme Court
[edit]On 7 November 2017, the Government of Ireland nominated her for appointment by the President of Ireland to the Supreme Court.[37] She was appointed by the President on 1 December 2017.[38]
Finlay Geoghegan retired as a judge on 16 June 2019.[39] The Chief Justice Frank Clarke described her judicial contribution as "meticulous and firm" and marked by "an overlay of lightness and a deep underlay of humanity".[26] Upon her retirement, she reflected on her belief in the need for more members of the judiciary to be appointed in Ireland in order for justice to be properly administered.[5]
Personal life
[edit]She married Hugh Geoghegan in 1981, who was also a Judge of the High Court and later a Judge of the Supreme Court.[5] Geoghegan is the son of Supreme Court judge James Geoghegan. Finlay Geoghegan and Geoghegan have two daughters and a son,[40] including James who is a barrister and Dublin City Councillor[41] and was the Fine Gael candidate in the 2021 Dublin Bay South by-election.[citation needed]
References
[edit]- ^ "A considerate, patient and shrewd chief justice". The Irish Times. Dublin. 16 December 2017. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ "Several reports already compiled". The Irish Times. Dublin. 12 March 1997. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ a b Hynes, Ita (1 November 1970). "First woman auditor". Sunday Independent. Dublin. ISSN 0039-5218.
- ^ a b Carolan, Mary (6 June 2019). "Courts need more resources to administer justice, judge warns". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 7 June 2019. Retrieved 6 June 2019.
- ^ a b c d e f g "Retiring judge warns Government on 'unacceptable delays' in accessing justice". Law Society of Ireland. Archived from the original on 23 June 2019. Retrieved 20 April 2020.
- ^ "Obituary: Judge John Blayney". Irish Independent. Dublin. 24 June 2018. ISSN 0021-1222. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ a b "New Chairman Appointed to Consumer Advisory Council". The Irish Times. Dublin. 6 April 1976. ISSN 0791-5144.
- ^ "Debatable days". The Irish Times. Dublin. 22 February 2000. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ "Mary's the first girl who has talked her way to the top". Irish Independent. Dublin. 30 October 1970. ISSN 0021-1222.
- ^ "Woman Takes Over L and H". No. Irish Press. 18 May 1970.
- ^ "The Law and the Just Society". The Irish Times. Dublin. 5 December 1970. ISSN 0791-5144.
- ^ a b c d e f g "2018 Supreme Court Annual Report" (PDF). Supreme Court. Archived (PDF) from the original on 21 December 2019. Retrieved 21 April 2019.
- ^ "Plane ruling next week". The Irish Times. Dublin. 22 March 1985. ISSN 0791-5144.
- ^ "Trophy firm goes into liquidation". The Irish Times. Dublin. 15 February 1985. ISSN 0791-5144.
- ^ "Court appoints McCann as ICI administrator". The Irish Times. Dublin. 26 March 1985. ISSN 0791-5144.
- ^ a b "Middle Temple". Middle Temple. Archived from the original on 29 September 2020. Retrieved 20 April 2020.
- ^ "The six Dublin-based barrister who were called to the High Court in Belfas". The Irish Times. Dublin. 15 April 1989. ISSN 0791-5144.
- ^ "Employment Equality Act 1977 does not have retrospective effect". The Irish Times. Dublin. 21 May 1990. ISSN 0791-5144.
- ^ "Doctor begins case against withholding tax system". The Irish Times. Dublin. ISSN 0791-5144.
- ^ "Case on refugee status settled". The Irish Times. 13 July 1991.
- ^ "Settlement of personal injuries action with one co-defendant does not constitute 'satisfaction' of claim against all defendants". The Irish Times. 11 May 1992.
- ^ "Judgment reserved in TV3 case". The Irish Times. Dublin. 20 March 1992. ISSN 0791-5144.
- ^ "Dáil Debates, 18 April 1996". Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ "Equal Status Bill hearing is fixed for next month". The Irish Times. Dublin. 13 May 1997. ISSN 0791-5144.
- ^ Carolan, Mary. "AG accused of trying to circumvent McKenna case ruling". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ a b "Supreme Court Annual Report 2019" (PDF). Supreme Court of Ireland. Archived (PDF) from the original on 26 October 2020. Retrieved 19 April 2020.
- ^ "Board members vied for control". The Irish Times. Dublin. 12 April 1986. ISSN 0791-5144.
- ^ a b "Mary Finlay Geoghegan". National Children's Research Centre. Archived from the original on 15 August 2020. Retrieved 20 April 2020.
- ^ "Dáil Debates 8 April 1981". Archived from the original on 4 November 2019. Retrieved 19 April 2020.
- ^ "Dáil Debates, 5 March 1997". Oireachtas. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ "Gov.ie - Appointments to the Supreme Court, Court of Appeal and to the High Court". www.gov.ie. Archived from the original on 26 January 2021. Retrieved 20 April 2020.
- ^ Coulter, Carol (27 June 2002). "Nine new judges named include a solicitor". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- ^ a b "Appointments to the Court of Appeal". Department of the Taoiseach. 29 October 2014. Archived from the original on 8 February 2019. Retrieved 17 January 2016.
- ^ "New hi-tech business court opens in Dublin". The Irish Times. Dublin. 18 October 2004. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 20 April 2020.
- ^ A, B and C v Ireland (European Court of Human Rights 16 December 2010), Text.
- ^ "Announcement of six Judges Designate of the Court of Appeal". merrionstreet.ie. Archived from the original on 1 August 2020. Retrieved 20 April 2020.
- ^ "Appointments to the Supreme Court, Court of Appeal and to the High Court". Merrionstreet.ie Irish Government New Service. 7 November 2017. Archived from the original on 7 November 2017. Retrieved 7 November 2017.
- ^ "President appoints new judges". President.ie. 1 December 2017. Archived from the original on 9 December 2017. Retrieved 10 December 2017.
- ^ "Justice Finlay Geoghegan to retire from Supreme Court". Law Society Gazette. 31 May 2019. Retrieved 6 June 2019.
- ^ Rafter, Kevin (23 February 2000). "Mr Justice Geoghegan for Supreme Court". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 5 July 2021. Retrieved 19 April 2020.
- ^ "Young blood: James Geoghegan". The Phoenix. 8 July 2019. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
- Living people
- Alumni of University College Dublin
- Judges of the Court of Appeal (Ireland)
- High Court judges (Ireland)
- College of Europe alumni
- Judges of the Supreme Court of Ireland
- 1949 births
- 21st-century Irish judges
- 20th-century Irish lawyers
- Chairpersons of the Referendum Commission
- People from Naas
- Lawyers from County Kildare
- Irish solicitors
- Irish Senior Counsel
- 21st-century Irish women judges