David Keane (judge) explained

Honorific-Prefix:The Hon. Mr. Justice
Office:Judge of the High Court
Term Start:25 July 2013
Nominator:Government of Ireland
Appointer:Michael D. Higgins
Birth Date:19 September 1964
Birth Place:London, England
Nationality:Irish
Education:Rockwell College

David Keane (born 19 September 1964) is an Irish judge and lawyer who has served as a Judge of the High Court since July 2013.

Early life

Keane was born in London in 1964. He attended Rockwell College and studied law at Trinity College Dublin. At Trinity, he was the President of the University Philosophical Society and won the Irish Times Debate.[1] He obtained an LLM from University College Dublin in European Union law in 1997.[2]

Legal career

He first qualified as a solicitor in 1992 and then converted to become a barrister in 1998. He became a senior counsel in 2009.[3] He trained and subsequently practised in the offices of future judge Garrett Sheehan and worked at the Chief State Solicitor's Office from 1997 to 1998. His practice at the bar focused on criminal law, administrative law and civil litigation. He was a council member of the Irish Council for Civil Liberties from 1992 to 1994.

He was involved in the cases Heaney & McGuinness v Ireland in relation to Article 6 of the European Convention on Human Rights and Cogley v RTÉ which established rules relating to public interest and defamation in the press. He represented RTÉ at the Barr Tribunal and the Flood Tribunal.[4] [5] He also appeared at the Commission to Inquire into Child Abuse.

Judicial career

In 2008, he was nominated by the Government of Ireland to be one of three candidates to be put forward for election to the European Court of Human Rights.[6] He came in second place to Ann Power, and therefore, he was not elected.[7]

He was appointed a Judge of the High Court in July 2013.[8] Keane was appointed through application to the Judicial Appointments Advisory Board.[9] He has heard cases including those involving matters of family law,[10] liquidation,[11] personal injuries,[12] immigration law,[13] and medical negligence.[14]

He heard a constitutional challenge of electoral gender quotas legislation in 2016 from a Fianna Fáil candidate who was not selected for election. His decision that the plaintiff did not have locus standi was successfully appealed to Supreme Court of Ireland.[15] He presided over a case initiated by Seán Gallagher seeking damages from RTÉ for airing a misleading tweet during a televised debate during the 2011 Irish presidential election. The matter was subsequently resolved outside of court.[16]

In 2018, he accused lawyers of professional misconduct by omitting certain details from their arguments before him in a trial involving the removal order of a Polish citizen from Ireland.[17] He threatened the lawyers in question with having to pay litigation costs,[18] however, no further action was taken by him.[19]

In May 2019, Keane had 22 cases awaiting judgment for at least two months, the highest amount among his High Court colleagues.[20]

Notes and References

  1. Web site: Election of judges to the European Court of Human Rights . European Court of Human Rights . 29 June 2019 . 9 March 2013 . https://web.archive.org/web/20130309080035/http://assembly.coe.int/Documents/WorkingDocs/2008/edoc11446.pdf . live .
  2. Web site: Alumni appointed to High Court and District Court . UCD School of Law . 29 June 2019.
  3. Web site: Appointments to the High and District Courts . Irish Government News Service . 29 June 2019 . 29 June 2019 . https://web.archive.org/web/20190629173106/https://merrionstreet.ie/en/News-Room/Releases/appointments-to-the-high-and-district-courts-2.html . live .
  4. News: Kelly . Olivia . Questions involving criticism of TV3 disallowed . 29 June 2019 . The Irish Times . 23 July 2004 . en.
  5. News: Builders' Flood appearance postponed . 29 June 2019 . RTÉ News . 27 March 2001 . en . 29 June 2019 . https://web.archive.org/web/20190629194508/https://www.rte.ie/news/2001/0327/13712-flood/ . live .
  6. News: Coulter . Carol . Irish judge to be chosen for court of human rights . The Irish Times . 22 January 2008 . en.
  7. Web site: Election of Members of the European court of Human Rights . Parliamentary Assembly of the Council of Europe . 29 June 2019 . 28 May 2009 . https://web.archive.org/web/20090528120225/http://assembly.coe.int/CommitteeDocs/2008/20080122_JudgesElection.pdf . live .
  8. Web site: President appoints Judges of the High Court . President of Ireland . 29 June 2019 . 29 June 2019 . https://web.archive.org/web/20190629174610/https://president.ie/en/news/article/president-appoints-judges-of-the-high-court . live .
  9. Web site: Judicial Appointments Advisory Board Annual Report 2013 . 29 June 2019 . 28 July 2018 . https://web.archive.org/web/20180728164048/http://www.jaab.ie/en/JAAB/Annual%20Report%202013%20Final%20Version.pdf/Files/Annual%20Report%202013%20Final%20Version.pdf . live .
  10. News: Irish mum to get €18,000 per month and two multi-million homes in divorce settlement from cheating husband . 29 June 2019 . BelfastTelegraph.co.uk . 21 April 2015 . 29 June 2019 . https://web.archive.org/web/20190629194508/https://www.belfasttelegraph.co.uk/news/republic-of-ireland/irish-mum-to-get-18000-per-month-and-two-multimillion-homes-in-divorce-settlement-from-cheating-husband-31158567.html . live .
  11. News: A Dublin cake firm being liquidated over a huge rates bill 'could have paid but chose not to' . 29 June 2019 . Fora.ie . 25 July 2017 . 29 June 2019 . https://web.archive.org/web/20190629194507/https://fora.ie/decobake-cakes-dublin-shut-3513184-Jul2017/ . live .
  12. News: Former soldier should have never been prescribed anti-malaria drug, court hears . 29 June 2019 . Irish Examiner . 21 June 2019 . 29 June 2019 . https://web.archive.org/web/20190629194515/https://www.irishexaminer.com/breakingnews/ireland/former-soldier-should-have-never-been-prescribed-anti-malaria-drug-court-hears-932250.html . live .
  13. News: Mother of three gravely ill with ovarian cancer loses High Court case . 29 June 2019 . Irish Examiner . 12 April 2019 . 29 June 2019 . https://web.archive.org/web/20190629194514/https://www.irishexaminer.com/breakingnews/ireland/mother-of-three-gravely-ill-with-ovarian-cancer-loses-high-court-case-917379.html . live .
  14. News: Costs denied in three immigration challenges . 29 June 2019 . Law Society Gazette . 17 November 2018 . 29 June 2019 . https://web.archive.org/web/20190629194509/https://www.lawsociety.ie/gazette/legal-analysis/costs-denied-in-three-immigration-challenges/ . live .
  15. News: Supreme Court: Fianna Fáil member has locus standi to challenge constitutionality of female representation law . 29 June 2019 . Irish Legal News . 22 March 2019 . en . 29 June 2019 . https://web.archive.org/web/20190629194507/https://www.irishlegal.com/article/supreme-court-fianna-fil-member-has-locus-standi-to-challenge-constitutionality-of-female-representation-law . live .
  16. News: Carolan . Mary . RTÉ apologises and pays 'substantial' damages to Sean Gallagher over tweet . 1 June 2021 . The Irish Times . en . 25 January 2021 . https://web.archive.org/web/20210125003553/https://www.irishtimes.com/news/crime-and-law/courts/high-court/rt%C3%A9-apologises-and-pays-substantial-damages-to-sean-gallagher-over-tweet-1.3332406 . live .
  17. News: Gráinséir . Seosamh . High Court: Legal representatives must respond to questions of misconduct raised by the Court . 29 June 2019 . Irish Legal News . 12 June 2018 . en . 29 June 2019 . https://web.archive.org/web/20190629194511/https://www.irishlegal.com/article/high-court-legal-representatives-must-respond-to-questions-of-misconduct-raised-by-the-court . live .
  18. News: Tighe . Mark . Irish judge David Keane threatens second lawyer with costs order . 29 June 2019 . The Sunday Times . 17 June 2018 . en . 29 June 2019 . https://web.archive.org/web/20190629194509/https://www.thetimes.co.uk/article/irish-judge-david-keane-threatens-second-lawyer-with-costs-order-hw7lfw6cl . live .
  19. News: High Court judge to take no further action against lawyers over handling of bid to stop deportation of Polish criminal . 29 June 2019 . Irish Examiner . 14 March 2019 . 29 June 2019 . https://web.archive.org/web/20190629194507/https://www.irishexaminer.com/breakingnews/ireland/high-court-judge-to-take-no-further-action-against-lawyers-over-handling-of-bid-to-stop-deportation-of-polish-criminal-911000.html . live .
  20. News: Tighe . Mark . Records show Judge David Keane is slowest to give rulings . 29 June 2019 . The Sunday Times . 5 May 2019 . en . 29 June 2019 . https://web.archive.org/web/20190629194507/https://www.thetimes.co.uk/article/records-show-judge-david-keane-is-slowest-to-give-rulings-q27ht76sc . live .

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