Liam McKechnie
Judge of the Supreme Court
In office
5 July 2010 – 19 April 2021
Nominated byGovernment of Ireland
Appointed byMary McAleese
Judge of the High Court
In office
19 October 2000 – 5 July 2010
Nominated byGovernment of Ireland
Appointed byMary McAleese
Personal details
Born
William Martin McKechie

(1951-04-03) 3 April 1951
Kinsale, County Cork, Ireland
EducationPresentation Brothers College, Cork
Alma mater

William Martin McKechnie, SC (born 3 April 1951[1]) is an Irish judge who served as a Judge of the Supreme Court from 2010 and 2021 and a Judge of the High Court from 2000 to 2010.

Early life

He was born in 1951 and educated at Presentation Brothers College, Cork. He graduated from University College Cork in 1971 with a BCL degree and the King's Inns in 1972.[2][3][4] He holds a master's degree in European law from University College Dublin,[5] which he obtained while a High court judge.[6]

He was called to the Bar in 1972.[7] He became a Senior Counsel in October 1987, on the same day as future Supreme Court colleagues Susan Denham and Mary Laffoy.[8] His practice focused on commercial law, medical negligence, chancery law and the law related to local authorities.[7] He also appeared in cases involving judicial review.[9]

He was elected chairman of the Bar Council in 1999 (succeeding John MacMenamin),[3][10] and was elected again in 2000.[7] He was the vice chairman in 1993 and 1997.[2] He served a term as the chair of the professional practices committee of the Bar Council, and was a member of the Commission on the Private Rented Residential Sector, the Valuation Tribunal and the Courts Service Board.[2][11][12] He is a Bencher of the King's Inns.[7]

Judicial career

High Court

McKechnie was appointed a High Court judge in October 2000.[13] He presided over competition matters in the High Court from 2004 to 2010.[7] He heard the case of Competition Authority v. Beef Industry Development Society at first instance in 2006.[14] He also sat as a judge in the Special Criminal Court and the Court of Criminal Appeal.[15][16]

In the High Court, McKechnie made Ireland's first declaration of incompatibility under the European Convention on Human Rights Act 2003 in Foy v An t-Ard Chláraitheoir.[7] He heard the Miss D case in 2007, where he determined that a seventeen-year-old girl in care could travel to the United Kingdom to obtain an abortion.[17][18] An editorial in the Irish Examiner said the decision was "compassionate, sympathetic and landmark".[19] Also in 2007, he decided in the Mr. G case that an unmarried father had a right to withhold or give consent before their child is removed from the country.[20] The Supreme Court upheld the decision.[21] He heard a challenge to the legality of the Twenty-eighth Amendment of the Constitution of Ireland in 2009.[22]

His decision in Digital Rights Ireland v. Minister for Communications clarified the rules of standing, outlining criteria required for a company to pursue an actio popularis.[23]

In 2010, he was elected President of the Association of European Competition Law Judges Association of European Competition Law Judges, which represents judges from each of the European Union member states.[3]

Supreme Court

In June 2010, he was nominated to the Supreme Court of Ireland, following the retirement of Hugh Geoghegan.[3] He was appointed by President of Ireland Mary McAleese in July 2010.[24] He was the first graduate of UCC to be appointed to the Supreme Court.[25]

Among his judgments adopted unanimously by the court included cases involving family law, judicial review, tax law, insolvency law, immigration law, European Union law, and extradition.[26][27][28][29][30][31][32]

McKechnie wrote dissents in significant decisions of the court. In 2015, in DPP v. JC he formed the minority with John L. Murray and Adrian Hardiman, declining to depart from previous court decisions regarding the exclusionary rule in Ireland.[33] He disagreed with six other judges of the Supreme Court in 2017 in DPP v Doyle by holding that people in custody had a right of access to a solicitor during questioning.[34] In Persona Digital Telephony Ltd v. Minister for Public Enterprise, Ireland he wrote the sole dissent from the majority regarding the position of champerty and maintenance in Irish law.[35] The approach of McKechnie in Gorry v. Minister for Justice and Equality, where he held that there was a constitutional right for spouses to cohabit, was not adopted by his colleagues.[36]

He was a member of the Administration of Civil Justice Review Report chaired by Peter Kelly which made recommendations on modernising and lowering the cost of civil litigation in the Irish courts.[37]

He retired upon reaching the mandatory retirement age of 70 in April 2021.[1][38]

Personal life

He is married to Goretti.[39]

References

  1. 1 2 Carolan, Mary (16 April 2021). "Judge whose ruling crucial in recognising rights of trans people retires". The Irish Times. Archived from the original on 16 April 2021. Retrieved 18 April 2021.
  2. 1 2 3 Minihan, Mary. "Government nominates Fennelly to be next Supreme Court Judge". The Irish Times. Retrieved 30 May 2020.
  3. 1 2 3 4 Coulter, Carol (23 June 2010). "Mr Justice McKechnie nominated for Supreme Court". The Irish Times. Archived from the original on 5 July 2021. Retrieved 30 May 2020.
  4. ↑ "Current Judges of the Supreme Court". Supreme Court. Archived from the original on 29 February 2012. Retrieved 30 May 2020.
  5. ↑ "LIAM MCKECHNIE". Just Competition. Archived from the original on 30 October 2020. Retrieved 30 May 2020.
  6. ↑ "Training Seminar, Brussels, 19th November 2015, Presentation by Mr. Justice Liam McKechnie (part I)". YouTube. EURACTIV România. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  7. 1 2 3 4 5 6 "2018 Supreme Court Annual Report" (PDF). Supreme Court. Archived (PDF) from the original on 21 December 2019. Retrieved 21 April 2019.
  8. ↑ "Two women among four called to the Inner Bar". The Irish Times. 6 October 1987. p. 10.
  9. ↑ Greene, Paul. "Judicial review should be refused if effect is to circumvent limitation period". The Irish Times. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  10. ↑ Coulter, Carol. "Appointment of new DPP now unlikely before Barnes retires". The Irish Times. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  11. ↑ Newman, Christine. "Chairman orders Cooney to withdraw". The Irish Times. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  12. ↑ "Written Answers. - Ministerial Appointments. – Dáil Éireann (27th Dáil) – Tuesday, 13 May 1997 – Houses of the Oireachtas". www.oireachtas.ie. 13 May 1997. Archived from the original on 19 December 2020. Retrieved 4 April 2021.
  13. ↑ Holohan, Renagh. "Moving up". The Irish Times. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  14. ↑ Carolan, Mary. "Competition Authority loses beef processors' challenge". The Irish Times. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  15. ↑ "Court decision on Paul Ward appeal to take 'some time'". Irish Independent. 9 March 2002. Archived from the original on 23 September 2021. Retrieved 4 May 2020.
  16. ↑ Carolan, Mary. "Sentence increased to four years in abuse case". The Irish Times. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  17. ↑ "Miss D can travel for abortion: Court". RTÉ News. 9 May 2007. Archived from the original on 22 October 2020. Retrieved 4 April 2021.
  18. ↑ Quinn, Eamon (9 May 2007). "Irish court backs girl who sought abortion". The New York Times. Archived from the original on 6 July 2018. Retrieved 4 April 2021.
  19. ↑ "Miss D abortion - Ruling is a victory for humanity". Irish Examiner. 10 May 2007. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  20. ↑ "Landmark ruling on fathers' rights". RTÉ News. 11 September 2007. Archived from the original on 3 December 2017. Retrieved 4 April 2021.
  21. ↑ "Supreme Court upholds ruling in Mr G case". Irish Independent. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  22. ↑ "Farmer loses Lisbon referendum challenge". RTÉ News. 3 September 2009. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  23. ↑ "The Bar Review". Vol. 16, no. 4. July 2011. Archived from the original on 23 September 2021. Retrieved 4 April 2021.
  24. ↑ "Annual Report 2010" (PDF). Judicial Appointments Advisory Board. Archived (PDF) from the original on 31 October 2020. Retrieved 30 May 2020.
  25. ↑ "Distinguished UCC Graduates Honoured". www.ucc.ie. Archived from the original on 1 November 2019. Retrieved 4 April 2021.
  26. ↑ Carolan, Mary. "Father loses appeal over daughter's Islamic marriage". The Irish Times. Archived from the original on 7 November 2020. Retrieved 4 April 2021.
  27. ↑ Carolan, Mary. "Council direction leading eviction was unlawful, Supreme Court rules". The Irish Times. Archived from the original on 7 November 2020. Retrieved 4 April 2021.
  28. ↑ Carolan, Mary. "Dunnes Stores loses appeal over €36.5m plastic bag levy". The Irish Times. Archived from the original on 7 November 2020. Retrieved 4 April 2021.
  29. ↑ "Supreme Court upholds costs award against liquidator". The Irish Times. Archived from the original on 7 November 2020. Retrieved 4 April 2021.
  30. ↑ Carolan, Mary. "Supreme Court rules man has no legal right to remain in Ireland". The Irish Times. Archived from the original on 19 January 2021. Retrieved 4 April 2021.
  31. ↑ Carolan, Mary. "Supreme Court rules 'substitute consent' inconsistent with EU environmental law". The Irish Times. Archived from the original on 25 November 2020. Retrieved 4 April 2021.
  32. ↑ "Man to be extradited to US over 'Silk Road' charges". RTÉ News. 27 June 2018. Archived from the original on 9 November 2020. Retrieved 4 April 2021.
  33. ↑ O'Connell, Aisling (2017). "Case Comment D.P.P. v. J.C." (PDF). Irish Judicial Studies Journal. Archived (PDF) from the original on 27 February 2021. Retrieved 4 April 2021.
  34. ↑ "Dr Vicky Conway provides a case comment on DPP v Doyle". SCOIRLBLOG. 19 January 2017. Archived from the original on 26 March 2019. Retrieved 4 April 2021.
  35. ↑ "Supreme Court says Third Party Funding a Matter for the Legislature | May - 2017 | A&L Goodbody". www.algoodbody.com. Archived from the original on 10 April 2021. Retrieved 4 April 2021.
  36. ↑ Carolan, Mary (23 September 2020). "Minister loses important Supreme Court appeals over approach to deportation cases". The Irish Times. Archived from the original on 24 October 2020. Retrieved 20 June 2021.
  37. ↑ "Fear of financial ruin deters recourse to courts – Kelly". www.lawsociety.ie. Archived from the original on 11 December 2020. Retrieved 4 April 2021.
  38. ↑ "Gerard Hogan nominated for Supreme Court". www.lawsociety.ie. Archived from the original on 21 April 2021. Retrieved 21 April 2021.
  39. ↑ McCárthaigh, Seán. "Judge opposes special needs hospital to be built near his home". The Times. Archived from the original on 18 August 2017. Retrieved 4 April 2021.
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