Nuala Butler Explained

Honorific-Prefix:The Hon. Ms. Justice
Nuala Butler
Office:Judge of the Court of Appeal
Term Start:17 October 2022
Nominator:Government of Ireland
Appointer:Michael D. Higgins
Office1:Judge of the High Court
Term Start1:8 October 2020
Term End1:17 October 2022
Nominator1:Government of Ireland
Appointer1:Michael D. Higgins
Nationality:Irish
Education:Mount Anville Secondary School

Nuala Butler is an Irish judge who has served as a Judge of the Court of Appeal since October 2022. She previously served as a Judge of the High Court from 2020 to 2022.

Early life

Butler was educated at Mount Anville Secondary School, followed by University College Dublin, from where she graduated with a BCL degree in 1984 and an LL.M. degree in 1989.[1] She obtained a BL degree from the King's Inns.[2]

Legal career

She qualified as a barrister and was called to the Bar in 1986, becoming a senior counsel in 2003. She practised on the Dublin and Eastern circuits.[3]

Butler frequently appeared in matters involving judicial review and planning and environmental law on behalf of the government, An Bord Pleanála and other public bodies.[4] [5] [6] She was appointed by the Supreme Court of Ireland to argue against the constitutionality of part of the Planning and Development Bill 1999 (with Paul Gallagher and James Connolly) in a reference made by President Mary McAleese under Article 26 of the Constitution.[7] She further practiced in areas of law including defamation law, constitutional law, child law, election law, and asylum law.[8] [9] [10] [11] [12]

She appeared in several tribunals of inquiry during her career. She represented the public interest at the McCracken Tribunal,[13] the Attorney General of Ireland at the Smithwick Tribunal[14] and the Garda Síochána at the Morris Tribunal.[15] She acted as legal adviser to an Oireachtas committee on the content of the Thirty-sixth Amendment of the Constitution of Ireland.[16]

Outside of her practice as a barrister, she was a member of the Employment Appeals Tribunal between 1989 and 1992 and was chairperson of the Mining Board from 1999 to 2002. Between 2016 and 2019, she chaired the Incorporated Council for Law reporting in Ireland.[17]

Judicial career

High Court

Butler was appointed a judge of the High Court in October 2020.[18] Her appointment followed a vacancy created by the appointment of Teresa Pilkington to the Court of Appeal.

She has heard cases involving insolvency law, probate law, employment law, breach of privacy, judicial review and injunctions.[19] [20] [21] [22] [23] [24] In September 2021, she held in an action taken by Patrick Costello that ratifying the Comprehensive Economic and Trade Agreement would not be contrary to the Irish constitution.[25]

Court of Appeal

Butler was nominated to replace David Barniville on the Court of Appeal in July 2022.[26] Her appointment led to the Court of Appeal being the first court in Irish history to have a majority of women.[27] She was appointed in October 2022.[28]

Notes and References

  1. Web site: Nuala Butler to be appointed to High Court . Facebook . UCD School of Law . 9 October 2020.
  2. Web site: Appointment to the High Court . merrionstreet.ie . 9 October 2020 . en.
  3. Web site: Nuala Butler SC . Law Library . 9 October 2020 . https://web.archive.org/web/20201009132425/https://www.lawlibrary.ie/members/Nuala-Butler/502.aspx . 9 October 2020 . dead.
  4. News: Lancefort Ltd given leave to appeal court rejection to Supreme Court . 9 October 2020 . The Irish Times . en . 16 November 2017 . https://web.archive.org/web/20171116064231/https://www.irishtimes.com/news/lancefort-ltd-given-leave-to-appeal-court-rejection-to-supreme-court-1.140075 . live .
  5. News: Stack . Siobhan . Revoked statutory instrument could not continue to apply to planning appeal . 9 October 2020 . The Irish Times . en.
  6. News: Lissadell case adjourned after documents found . 9 October 2020 . The Irish Times . en.
  7. Web site: In the matter of Article 26 of the Constitution and in the matter of Part V of the Planning and Development Bill 1999 (2000) 2 I.R. 321 . 2020-10-09 . 2020-02-06 . https://web.archive.org/web/20200206105812/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/312ADADEE5E1311F802575F300333DEA/$FILE/Planning_[2000]%202%20IR%20321.htm . live .
  8. News: Case against 'Irish Times' settled . 9 October 2020 . The Irish Times . en.
  9. News: Lewis . Ciaran . High Court has no jurisdiction to review constitutionality of a bill . 9 October 2020 . The Irish Times . en . 23 September 2021 . https://web.archive.org/web/20210923095618/https://www.irishtimes.com/sport/high-court-has-no-jurisdiction-to-review-constitutionality-of-a-bill-1.170364 . live .
  10. News: Carolan . Mary . Court approves detention place for girl of 14 . 9 October 2020 . The Irish Times . en . 23 September 2021 . https://web.archive.org/web/20210923095652/https://www.irishtimes.com/news/court-approves-detention-place-for-girl-of-14-1.250228 . live .
  11. News: Aspiring candidates fail in challenge to election law . 9 October 2020 . The Irish Times . en . 23 September 2021 . https://web.archive.org/web/20210923095618/https://www.irishtimes.com/news/aspiring-candidates-fail-in-challenge-to-election-law-1.1055927 . live .
  12. News: Carolan . Mary . Supreme Court considering right to work of asylum seekers . 9 October 2020 . The Irish Times . en . 12 November 2020 . https://web.archive.org/web/20201112030904/https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/supreme-court-considering-right-to-work-of-asylum-seekers-1.2949581 . live .
  13. News: Kennedy . Geraldine . Initial hearing by Dunnes tribunal . 9 October 2020 . The Irish Times . en . 23 September 2021 . https://web.archive.org/web/20210923095619/https://www.irishtimes.com/news/initial-hearing-by-dunnes-tribunal-1.42332 . live .
  14. Web site: Appendix of Smithwick Tribunal . Justice.ie . 9 October 2020 . 2020-10-10 . https://web.archive.org/web/20201010143507/http://justice.ie/en/JELR/2012-06-08_-_Smithwick_Tribunal_-_Day_102.pdf/Files/2012-06-08_-_Smithwick_Tribunal_-_Day_102.pdf . live .
  15. Web site: Tribunals of Inquiry: 22 Nov 2005: Written answers (KildareStreet.com) . www.kildarestreet.com . 9 October 2020 . 23 September 2021 . https://web.archive.org/web/20210923095622/https://www.kildarestreet.com/wrans/?id=2005-11-22.2082.0 . live .
  16. News: Senior barrister warns Eighth Amendment committee of inherent 'legal uncertainties' . 9 October 2020 . Irish Legal News . en . 23 September 2021 . https://web.archive.org/web/20210923095649/https://www.irishlegal.com/articles/senior-barrister-warns-eighth-amendment-committee-of-inherent-legal-uncertainties . live .
  17. News: Hilliard . Mark . Government nominates Nuala Butler to serve as High Court judge . 9 October 2020 . The Irish Times . en . 29 September 2020 . https://web.archive.org/web/20200929210019/https://www.irishtimes.com/news/crime-and-law/government-nominates-nuala-butler-to-serve-as-high-court-judge-1.4367909 . live .
  18. Web site: Diary President Higgins Appoints Ms Nuala Butler S.c To The High Court . president.ie . 9 October 2020 . en . 20 October 2020 . https://web.archive.org/web/20201020172140/https://president.ie/en/diary/details/president-higgins-appoints-ms-nuala-butler-s.c-to-the-high-court . live .
  19. News: O’Loughlin . Ann . Judge says liquidator must repay €861k to solvent investment company . 25 September 2021 . Irish Examiner . 2 December 2020 . en.
  20. News: Carolan . Mary . Deceased farmer's nephew not entitled to €1m Kerry Group shares, court rules . 25 September 2021 . The Irish Times . en.
  21. News: High Court: Employment dispute dismissed for want of prosecution after 18 years . 25 September 2021 . Irish Legal News . en.
  22. News: Ex-minister Carey claims 2015 articles breached his privacy . 25 September 2021 . Irish Independent . en.
  23. News: Carolan . Mary . Bórd Pleanála seeks to bring appeal over court's jurisdiction to analyse decisions . 25 September 2021 . The Irish Times . en.
  24. News: Landowner allows ESB on to land for repairs and avoids risk of jail for contempt . 25 September 2021 . Irish Independent . en.
  25. News: O'Donnell . Orla . Green Party TD loses court challenge over CETA deal . 25 September 2021 . RTÉ News . 16 September 2021 . en.
  26. News: Ms Justice Nuala Butler for Court of Appeal . 31 July 2022 . www.lawsociety.ie.
  27. News: Court of Appeal makes history as first in State to have majority of female judges . 31 July 2022 . The Irish Times . en.
  28. Web site: Diary President Appoints Ms Justice Nuala Butler To The Court Of Appeals . president.ie . 17 October 2022 . en.

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