John Cooke (judge) explained

John Cooke
Office:Judge of the High Court
Term Start:25 November 2008
Term End:20 December 2013
Nominator:Government of Ireland
Appointer:Mary McAleese
Office1:Judge of the Court of First Instance
Term Start1:10 January 1996
Term End1:15 September 2008
Nominator1:Government of Ireland
Appointer1:European Council
Birth Name:John D. Cooke
Birth Date:10 July 1944
Birth Place:Dublin, Ireland
Death Place:Dublin, Ireland
Nationality:Irish
Spouse:Sally Cooke
Children:2

John Cooke (10 July 1944 – 29 April 2022) was an Irish judge who served as a Judge of the High Court from 2008 to 2013 and Judge of the Court of First Instance from 1996 to 2008 and the High Court from 2008 to 2013.

Early career

Cooke was born in 1944 to Kathleen and Richard Cooke, a barrister who practiced until he died aged 94.[1] [2] He obtained BCL and LLB degrees from University College Dublin.[3] He became a barrister in 1966 and a senior counsel in 1980.[4] He was also called to the bars of Northern Ireland, England and Wales, and New South Wales.

His case load was predominantly in commercial litigation and EU law, with expertise in competition law.[5] He appeared in cases in the EU courts.[6] [7]

Judicial career

Court of First Instance

Cooke became a judge of the Court of First Instance in 1996. He succeeded Donal Barrington as the Irish judge on the court.[8] His term was renewed in 2001 and he concluded his term early in September 2008.[9] He was the judge-rapporteur in Microsoft Corp. v. Commission.[10]

High Court

He was appointed to the High Court in November 2008.[11] He heard numerous cases involving asylum law while serving on the court.[12] [13] He heard cases involving judicial review, competition law, injunctions, and insolvency law.[14] [15] [16] [17] He approved the appointment of two provisional examiners to the QUINN group in March 2010.[18] He presided in hearings related to the bankruptcy of Seán Dunne.[19] His decision in Lofinmakin v. Minister for Justice Equality & Law Reform was upheld by the Supreme Court of Ireland.[20]

Cooke was appointed to chair the Constituency Commission in 2011, which produced reports to the Oireachtas in 2012 and 2013.[21] [22] [23] [24] The 2012 report recommended reducing the number of members of Dáil Éireann by eight.[25]

He retired in December 2013.[26] [27]

Later career

Cooke chaired an inquiry from June 2014 into allegations of surveillance of the Garda Síochána Ombudsman Commission.[28] His report found no evidence of bugging.[29] He was appointed chair of the Irish Financial Services Appeals Tribunal in 2015, with his term renewed in 2020.[30] [31] He was appointed the sole member of a Commission of Investigation into the sale of loans by the National Asset Management Agency known as Project Eagle.[32] The timeframe to report was extended to June 2022 in March 2022.[33]

He acted for the Irish government in relation to the Ireland v Commission case.[34]

Personal life

He was married to Sally and had two children. He died in April 2022, aged 78.[35]

Notes and References

  1. Web site: CURIA - General Court - Court of Justice of the European Union . curia.europa.eu . 2 May 2022 . https://web.archive.org/web/20220410214853/https://curia.europa.eu/jcms/jcms/p1_217427/en/ . 10 April 2022.
  2. News: Distinguished barrister ended career as Father of Bar . 2 May 2022 . The Irish Times . en.
  3. Web site: John D Cooke (1944-2022) . Facebook . UCD School of Law . 2 May 2022.
  4. News: O'Brien . Tim . Former High Court judge John Cooke dies in Dublin hospital . 2 May 2022 . The Irish Times . 29 April 2022 . en.
  5. News: Smyth . Jamie . Irish representative on European court resigns . 2 May 2022 . The Irish Times . 16 February 2008 . en.
  6. Web site: Case C-160/94: Commission v. Spain . 2 May 2022.
  7. Web site: Case C-84/95: Bosphorus v Minister for Transport, Energy and Communications . 2 May 2022.
  8. News: Barrington for Supreme Court . 2 May 2022 . The Irish Times . en.
  9. Web site: Curia - CP0136en . curia.europa.eu . 2 May 2022.
  10. Web site: Microsoft Corp. v. Commission (2007) T-201/04 . 2 May 2022.
  11. Web site: No. 98 – 1451 . . 2 May 2022 . 5 December 2008.
  12. News: McEnroe . Juno . 'Very well-respected judge' with 50 years experience . 2 May 2022 . Irish Examiner . 20 February 2014 . en.
  13. News: 'I'm scared . . . but I can't bear to be parted from Abigail' . 2 May 2022 . The Irish Times . en.
  14. News: Carolan . Mary . Court rejects challenge to natural gas transmission network charges . 2 May 2022 . The Irish Times . en.
  15. News: Carolan . Mary . IMO agrees to withdraw from GP fee cut protest . 2 May 2022 . The Irish Times . en.
  16. News: Boxer appeals omission from squad . 2 May 2022 . The Irish Times . en.
  17. News: Carolan . Mary . Liquidator appointed to Zoe firms . 2 May 2022 . The Irish Times . en.
  18. News: Administrators for Quinn firms . 2 May 2022 . The Irish Times . en.
  19. News: O'Faolain . Aodhan . House raid items not owned by Sean Dunne will be returned, court told . 2 May 2022 . The Irish Times . en.
  20. Web site: Lofinmakin (a minor) & ors v Minister for Justice Equality & Law Reform [2013] IESC 49 (20 November 2013) ]. 2 May 2022.
  21. Web site: Commission to review Dáil and European Constituencies Established . 2 May 2022.
  22. News: CONSTITUENCY COMMISSION REPORT 2012 . 2 May 2022.
  23. Web site: REPORT ON EUROPEAN PARLIAMENT CONSTITUENCIES 2013 . 2 May 2022.
  24. News: Commission Report Team Members . 2 May 2022 . The Irish Times . en.
  25. News: Collins . Stephen . Number of TDs to be cut by eight in commission proposal . 2 May 2022 . The Irish Times . en.
  26. News: Mac Cormaic . Ruadhan . Courts face 'upheaval' over key judicial vacancies . 2 May 2022 . The Irish Times . en.
  27. News: Ten judges to retire before 70pc pension super tax kicks in . 2 May 2022 . Irish Independent . en.
  28. News: Ó Caollaí . Éanna . McGee . Harry . Retired High Court judge appointed to GSOC inquiry . 2 May 2022 . The Irish Times . en.
  29. News: Cooke report finds no evidence of bugging of GSOC . 2 May 2022 . Irish Examiner . 10 June 2014 . en.
  30. Web site: IFSAT Annual Report 2015 . 2 May 2022.
  31. Web site: IFSAT Annual Report 2020 . 2 May 2022.
  32. News: McConnell . Daniel . Costs for State inquiry into Nama's Project Eagle sale top €3.1m . 2 May 2022 . Irish Examiner . 25 March 2021 . en.
  33. Web site: NAMA Commission of Investigation - publication of Thirteenth Interim Report and statement . www.gov.ie . 2 May 2022 . en.
  34. News: Foxe . Ken . Apple tax case: Four individual lawyers paid over €500,000 each . 2 May 2022 . The Irish Times . en.
  35. News: Carolan . Mary . 3 May 2022 . Judge John Cooke an 'exceptional man' who never lost sense of fairness, funeral told . The Irish Times . 6 May 2022 . Judge Cooke (78) who had cancer, died at St Vincent’s Private Hospital in Dublin on Friday. His sister Eleanor predeceased him last October..

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