Mary Finlay Geoghegan Explained

Office:Judge of the Supreme Court
Term Start:1 December 2017
Term End:16 June 2019
Nominator:Government of Ireland
Appointer:Michael D. Higgins
Office1:Judge of the Court of Appeal
Term Start1:29 October 2014
Term End1:30 November 2017
Nominator1:Government of Ireland
Appointer1:Michael D. Higgins
Office2:Judge of the High Court
Term Start2:3 July 2002
Term End2:28 October 2014
Nominator2:Government of Ireland
Appointer2:Mary McAleese
Birth Name:Mary Finlay
Birth Place:Naas, County Kildare, Ireland
Nationality:Irish
Party:Fine Gael
Children:3
Father:Thomas Finlay

Mary Finlay Geoghegan (; 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

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. Her maternal uncle John Blayney was also a Supreme Court judge.[5]

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. At UCD, she played for the university hockey team and in diving was a Leinster Junior champion. She was elected the first female auditor of the UCD L&H, serving between 1970 and 1971.[6] 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.[7] Future Supreme Court judge Adrian Hardiman served on her L&H committee.[8] The topic of her inaugural address was the "Just Society" and featured contributions from Mary Robinson, Declan Costello and Brian Walsh.[9]

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.[10]

Legal career

Early career

She was admitted as a solicitor in 1973. She practised at McCann, FitzGerald, Roche and Dudley, where she was a partner.[11]

Finlay was subsequently called to the bar in 1980. She devilled for Peter Kelly. As a junior counsel practice included commercial, injunctive and insolvency matters,[12] [13] including representing the Irish government in proceedings related to the 1985 collapse of the Insurance Corporation of Ireland.[14] She was called to the Bar of England and Wales at Middle Temple in May 1987.[15]

Senior Counsel

She became a Senior Counsel in 1988. She was called to Bar of Northern Ireland in 1989.[16] She was also called to the New South Wales Bar Association in 1992. She continued practising in commercial matters, including employment and tax law disputes.[17] [18] She also appeared in immigration and personal injuries cases.[19] [20] 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.[21]

Finlay Geoghegan acted as an independent legal adviser to the State on matters of EC law in 1996.[22] 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.[23] She appeared for RTÉ in constitutional cases in the Supreme Court regarding the need for equal time in referendums coverage.[24]

She is a bencher at the King's Inns since 1996 and Middle Temple since 2012.

Other appointments

Finlay was appointed chair of the National Consumer Advisory Council in 1976.[25] 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]

She joined the Law Reform Commission in October 1980 as a part-time member to serve a five-year term.[27] She was a convenor of the Constitution Review Group from 1995.[28]

She is currently a board member of the National Children's Research Centre and a governor of the Royal Hospital, Donnybrook.[29]

Judicial career

High Court

She was appointed to the High Court in July 2002, following in the footsteps of her father.[30] 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.[31] She was assigned to the Commercial list in 2004. 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.[32] 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. 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.[34]

Court of Appeal

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.[35] She was also a member of a working group convened prior to its foundation.

She served as chairperson of the Referendum Commission for the 31st Amendment of the Constitution of Ireland.

Supreme Court

On 7 November 2017, the Government of Ireland nominated her for appointment by the President of Ireland to the Supreme Court.[36] She was appointed by the President on 1 December 2017.[37]

Finlay Geoghegan retired as a judge on 16 June 2019.[38] 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".[39] 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.

Personal life

She married Hugh Geoghegan in 1981, who was also a Judge of the High Court and later a Judge of the Supreme Court. 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.

Notes and References

  1. News: A considerate, patient and shrewd chief justice . 16 December 2017 . . 0791-5144 . Dublin . en . 19 April 2020 . 5 January 2022 . https://web.archive.org/web/20220105130518/https://www.irishtimes.com/opinion/a-considerate-patient-and-shrewd-chief-justice-1.3327314 . live .
  2. News: Several reports already compiled . 19 April 2020 . 12 March 1997 . . 0791-5144 . Dublin . en . 5 January 2022 . https://web.archive.org/web/20220105130458/https://www.irishtimes.com/news/several-reports-already-compiled-1.51346 . live .
  3. News: Hynes . Ita . First woman auditor . . Dublin . 0039-5218 . en . 1 November 1970.
  4. News: Carolan . Mary . Courts need more resources to administer justice, judge warns . 6 June 2019 . . 0791-5144 . Dublin . en . 6 June 2019 . 7 June 2019 . 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 . live .
  5. News: Obituary: Judge John Blayney . 19 April 2020 . 24 June 2018 . . Dublin . 0021-1222 . en . 5 January 2022 . https://web.archive.org/web/20220105130458/https://www.independent.ie/irish-news/obituary-judge-john-blayney-37042739.html . live .
  6. News: Debatable days . 22 February 2000 . 19 April 2020 . . 0791-5144 . Dublin . en . 5 January 2022 . https://web.archive.org/web/20220105130522/https://www.irishtimes.com/news/education/debatable-days-1.247976 . live .
  7. News: Mary's the first girl who has talked her way to the top. 30 October 1970 . . Dublin . 0021-1222 . en.
  8. News: Woman Takes Over L and H . Irish Press . 18 May 1970.
  9. News: The Law and the Just Society . 5 December 1970 . . 0791-5144 . Dublin . en.
  10. Web site: 2018 Supreme Court Annual Report . Supreme Court . 21 April 2019 . 2018 . 21 December 2019 . https://web.archive.org/web/20191221193853/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/721D16DCC8DE6F45802583B00037C20A/$FILE/2018%20Supreme%20Court%20Annual%20Report.pdf . live .
  11. News: Retiring judge warns Government on ‘unacceptable delays’ in accessing justice . 20 April 2020 . . 23 June 2019 . https://web.archive.org/web/20190623182236/https://www.lawsociety.ie/gazette/top-stories/retiring-judge-warns-government-on-unacceptable-delays-in-accessing-justice/ . live.
  12. News: Plane ruling next week . 22 March 1985 . . 0791-5144 . Dublin . en.
  13. News: Trophy firm goes into liquidation . 15 February 1985 . . 0791-5144 . Dublin . en.
  14. News: Court appoints McCann as ICI administrator . 26 March 1985 . . 0791-5144 . Dublin . en.
  15. Web site: Middle Temple . . 20 April 2020 . 29 September 2020 . https://web.archive.org/web/20200929023014/https://www.middletemple.org.uk/bencher-persons-view?cid=32481 . live.
  16. News: The six Dublin-based barrister who were called to the High Court in Belfas. 15 April 1989 . . 0791-5144 . Dublin . en.
  17. News: Employment Equality Act 1977 does not have retrospective effect . 21 May 1990 . . 0791-5144 . Dublin . en.
  18. News: Doctor begins case against withholding tax system . . 0791-5144 . Dublin . en.
  19. News: Case on refugee status settled . The Irish Times . 13 July 1991.
  20. News: Settlement of personal injuries action with one co-defendant does not constitute 'satisfaction' of claim against all defendants . The Irish Times . 11 May 1992.
  21. News: Judgment reserved in TV3 case . 20 March 1992 . . 0791-5144 . Dublin . en.
  22. Web site: Dáil Debates, 18 April 1996 . 19 April 2020 . 5 January 2022 . https://web.archive.org/web/20220105130601/https://www.oireachtas.ie/en/debates/debate/dail/1996-04-18/23/ . live .
  23. News: Equal Status Bill hearing is fixed for next month . 13 May 1997 . . 0791-5144 . Dublin . en.
  24. News: Carolan . Mary . AG accused of trying to circumvent McKenna case ruling . 19 April 2020 . . 0791-5144 . Dublin . en . 5 January 2022 . https://web.archive.org/web/20220105130502/https://www.irishtimes.com/news/ag-accused-of-trying-to-circumvent-mckenna-case-ruling-1.148691 . live .
  25. News: New Chairman Appointed to Consumer Advisory Council . 6 April 1976 . . 0791-5144 . Dublin . en.
  26. News: Board members vied for control . 12 April 1986 . . 0791-5144 . Dublin . en.
  27. Web site: Dáil Debates 8 April 1981 . 19 April 2020 . 4 November 2019 . https://web.archive.org/web/20191104234644/https://www.oireachtas.ie/ga/debates/debate/dail/1981-04-08/52/ . live .
  28. Web site: Dáil Debates, 5 March 1997 . Oireachtas . 19 April 2020 . 5 January 2022 . https://web.archive.org/web/20220105130541/https://www.oireachtas.ie/ga/debates/debate/dail/1997-03-05/69/ . live .
  29. Web site: Mary Finlay Geoghegan . National Children's Research Centre . 20 April 2020 . 15 August 2020 . https://web.archive.org/web/20200815012107/https://www.nationalchildrensresearchcentre.ie/board_member/mary-finlay-geoghegan/ . live .
  30. Web site: Gov.ie - Appointments to the Supreme Court, Court of Appeal and to the High Court . www.gov.ie . 20 April 2020 . 26 January 2021 . 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/ . live .
  31. News: Coulter . Carol . Nine new judges named include a solicitor . 19 April 2020 . 27 June 2002 . . 0791-5144 . Dublin . en . 5 January 2022 . https://web.archive.org/web/20220105130503/https://www.irishtimes.com/news/nine-new-judges-named-include-a-solicitor-1.1062037 . live .
  32. News: New hi-tech business court opens in Dublin . 20 April 2020 . 18 October 2004 . . 0791-5144 . Dublin . en . 5 January 2022 . https://web.archive.org/web/20220105130603/https://www.irishtimes.com/news/new-hi-tech-business-court-opens-in-dublin-1.992634 . live .
  33. News: Appointments to the Court of Appeal . Department of the Taoiseach . 29 October 2014 . 17 January 2016 . 8 February 2019 . https://web.archive.org/web/20190208162544/https://www.taoiseach.gov.ie/eng/News/Government_Press_Releases/Appointments_to_the_Court_of_Appeal.html . live.
  34. A, B and C v Ireland . European Court of Human Rights . 16 December 2010. https://www.dfa.ie/media/dfa/alldfawebsitemedia/ourrolesandpolicies/internationallaw/echr-a-b-and-c-vs-ireland-2010.pdf . 20 April 2020 .
  35. News: Announcement of six Judges Designate of the Court of Appeal . 20 April 2020 . merrionstreet.ie . en . 1 August 2020 . https://web.archive.org/web/20200801063355/https://merrionstreet.ie/en/News-Room/Releases/announcement-of-six-judges-designate-of-the-court-of-appeal.html . live.
  36. News: Appointments to the Supreme Court, Court of Appeal and to the High Court . Merrionstreet.ie Irish Government New Service . 7 November 2017 . 7 November 2017. 7 November 2017 . 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 . live.
  37. News: President appoints new judges . President.ie . 1 December 2017 . 10 December 2017 . 9 December 2017 . https://web.archive.org/web/20171209133958/http://www.president.ie/en/diary/details/president-appoints-new-judges . live.
  38. News: Justice Finlay Geoghegan to retire from Supreme Court . 6 June 2019 . Law Society Gazette . 31 May 2019.
  39. Web site: Supreme Court Annual Report 2019 . Supreme Court of Ireland . 19 April 2020 . 26 October 2020 . https://web.archive.org/web/20201026151744/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/3E96211DAA2B6F1C8025851A0035EF6C/$FILE/SupremeCourt_AnnualReport_2019_Online_LoRes.pdf . live .
  40. News: Rafter . Kevin . Mr Justice Geoghegan for Supreme Court . 19 April 2020 . 23 February 2000 . . 0791-5144 . Dublin . en . 5 July 2021 . https://web.archive.org/web/20210705142637/https://www.irishtimes.com/news/mr-justice-geoghegan-for-supreme-court-1.248141 . live .
  41. Young blood: James Geoghegan . 19 April 2020 . . 8 July 2019 . 5 January 2022 . https://web.archive.org/web/20220105130506/https://www.thephoenix.ie/2019/07/young-blood-james-geoghegan/ . live .

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