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Mary Finlay Geoghegan

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Mary Finlay Geoghegan
Judge of the Supreme Court
In office
1 December 2017 – 16 June 2019
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
Judge of the Court of Appeal
In office
29 October 2014 – 30 November 2017
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
Judge of the High Court
In office
3 July 2002 – 28 October 2014
Nominated byGovernment of Ireland
Appointed byMary McAleese
Personal details
Born
Mary Finlay

1949 (age 74–75)
Naas, County Kildare, Ireland
Political partyFine Gael
Spouse
​
(m. 1981)​
Children3
Parent
Relatives
Alma mater

Mary Finlay Geoghegan (née Finlay; 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

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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.[5] Her maternal uncle John Blayney was also a Supreme Court judge.[6]

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.[7][5] At UCD, she played for the university hockey team and in diving was a Leinster Junior champion.[3] She was elected the first female auditor of the UCD L&H, serving between 1970 and 1971.[8] 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.[9] Future Supreme Court judge Adrian Hardiman served on her L&H committee.[10] The topic of her inaugural address was the "Just Society" and featured contributions from Mary Robinson, Declan Costello and Brian Walsh.[11]

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.[12][5]

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Early career

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She was admitted as a solicitor in 1973.[12] She practised at McCann, FitzGerald, Roche and Dudley, where she was a partner.[5]

Finlay was subsequently called to the bar in 1980.[12] She devilled for Peter Kelly.[5] As a junior counsel practice included commercial, injunctive and insolvency matters,[13][14] including representing the Irish government in proceedings related to the 1985 collapse of the Insurance Corporation of Ireland.[15] She was called to the Bar of England and Wales at Middle Temple in May 1987.[16]

Senior Counsel

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She became a Senior Counsel in 1988.[12] She was called to Bar of Northern Ireland in 1989.[17] She was also called to the New South Wales Bar Association in 1992.[12] She continued practising in commercial matters, including employment and tax law disputes.[18][19] She also appeared in immigration and personal injuries cases.[20][21] 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.[22]

Finlay Geoghegan acted as an independent legal adviser to the State on matters of EC law in 1996.[23] 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.[24] She appeared for RTÉ in constitutional cases in the Supreme Court regarding the need for equal time in referendums coverage.[25]

She is a bencher at the King's Inns since 1996 and Middle Temple since 2012.[16]

Other appointments

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Finlay was appointed chair of the National Consumer Advisory Council in 1976.[7] 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][27][28]

She joined the Law Reform Commission in October 1980 as a part-time member to serve a five-year term.[29] She was a convenor of the Constitution Review Group from 1995.[30]

She is currently a board member of the National Children's Research Centre and a governor of the Royal Hospital, Donnybrook.[28]

Judicial career

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High Court

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She was appointed to the High Court in July 2002, following in the footsteps of her father.[31] 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.[32] She was assigned to the Commercial list in 2004.[33] 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.[34] 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.[12] 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.[35]

Court of Appeal

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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.[36] She was also a member of a working group convened prior to its foundation.[12]

She served as chairperson of the Referendum Commission for the 31st Amendment of the Constitution of Ireland.[4]

Supreme Court

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On 7 November 2017, the Government of Ireland nominated her for appointment by the President of Ireland to the Supreme Court.[37] She was appointed by the President on 1 December 2017.[38]

Finlay Geoghegan retired as a judge on 16 June 2019.[39] 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".[26] 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.[5]

Personal life

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She married Hugh Geoghegan in 1981, who was also a Judge of the High Court and later a Judge of the Supreme Court.[5] 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.[citation needed]

References

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  1. ^ "A considerate, patient and shrewd chief justice". The Irish Times. Dublin. 16 December 2017. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  2. ^ "Several reports already compiled". The Irish Times. Dublin. 12 March 1997. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  3. ^ a b Hynes, Ita (1 November 1970). "First woman auditor". Sunday Independent. Dublin. ISSN 0039-5218.
  4. ^ a b Carolan, Mary (6 June 2019). "Courts need more resources to administer justice, judge warns". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 7 June 2019. Retrieved 6 June 2019.
  5. ^ a b c d e f g "Retiring judge warns Government on 'unacceptable delays' in accessing justice". Law Society of Ireland. Archived from the original on 23 June 2019. Retrieved 20 April 2020.
  6. ^ "Obituary: Judge John Blayney". Irish Independent. Dublin. 24 June 2018. ISSN 0021-1222. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  7. ^ a b "New Chairman Appointed to Consumer Advisory Council". The Irish Times. Dublin. 6 April 1976. ISSN 0791-5144.
  8. ^ "Debatable days". The Irish Times. Dublin. 22 February 2000. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  9. ^ "Mary's the first girl who has talked her way to the top". Irish Independent. Dublin. 30 October 1970. ISSN 0021-1222.
  10. ^ "Woman Takes Over L and H". No. Irish Press. 18 May 1970.
  11. ^ "The Law and the Just Society". The Irish Times. Dublin. 5 December 1970. ISSN 0791-5144.
  12. ^ a b c d e f g "2018 Supreme Court Annual Report" (PDF). Supreme Court. Archived (PDF) from the original on 21 December 2019. Retrieved 21 April 2019.
  13. ^ "Plane ruling next week". The Irish Times. Dublin. 22 March 1985. ISSN 0791-5144.
  14. ^ "Trophy firm goes into liquidation". The Irish Times. Dublin. 15 February 1985. ISSN 0791-5144.
  15. ^ "Court appoints McCann as ICI administrator". The Irish Times. Dublin. 26 March 1985. ISSN 0791-5144.
  16. ^ a b "Middle Temple". Middle Temple. Archived from the original on 29 September 2020. Retrieved 20 April 2020.
  17. ^ "The six Dublin-based barrister who were called to the High Court in Belfas". The Irish Times. Dublin. 15 April 1989. ISSN 0791-5144.
  18. ^ "Employment Equality Act 1977 does not have retrospective effect". The Irish Times. Dublin. 21 May 1990. ISSN 0791-5144.
  19. ^ "Doctor begins case against withholding tax system". The Irish Times. Dublin. ISSN 0791-5144.
  20. ^ "Case on refugee status settled". The Irish Times. 13 July 1991.
  21. ^ "Settlement of personal injuries action with one co-defendant does not constitute 'satisfaction' of claim against all defendants". The Irish Times. 11 May 1992.
  22. ^ "Judgment reserved in TV3 case". The Irish Times. Dublin. 20 March 1992. ISSN 0791-5144.
  23. ^ "Dáil Debates, 18 April 1996". Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  24. ^ "Equal Status Bill hearing is fixed for next month". The Irish Times. Dublin. 13 May 1997. ISSN 0791-5144.
  25. ^ Carolan, Mary. "AG accused of trying to circumvent McKenna case ruling". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  26. ^ a b "Supreme Court Annual Report 2019" (PDF). Supreme Court of Ireland. Archived (PDF) from the original on 26 October 2020. Retrieved 19 April 2020.
  27. ^ "Board members vied for control". The Irish Times. Dublin. 12 April 1986. ISSN 0791-5144.
  28. ^ a b "Mary Finlay Geoghegan". National Children's Research Centre. Archived from the original on 15 August 2020. Retrieved 20 April 2020.
  29. ^ "Dáil Debates 8 April 1981". Archived from the original on 4 November 2019. Retrieved 19 April 2020.
  30. ^ "Dáil Debates, 5 March 1997". Oireachtas. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  31. ^ "Gov.ie - Appointments to the Supreme Court, Court of Appeal and to the High Court". www.gov.ie. Archived from the original on 26 January 2021. Retrieved 20 April 2020.
  32. ^ Coulter, Carol (27 June 2002). "Nine new judges named include a solicitor". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
  33. ^ a b "Appointments to the Court of Appeal". Department of the Taoiseach. 29 October 2014. Archived from the original on 8 February 2019. Retrieved 17 January 2016.
  34. ^ "New hi-tech business court opens in Dublin". The Irish Times. Dublin. 18 October 2004. ISSN 0791-5144. Archived from the original on 5 January 2022. Retrieved 20 April 2020.
  35. ^ A, B and C v Ireland (European Court of Human Rights 16 December 2010), Text.
  36. ^ "Announcement of six Judges Designate of the Court of Appeal". merrionstreet.ie. Archived from the original on 1 August 2020. Retrieved 20 April 2020.
  37. ^ "Appointments to the Supreme Court, Court of Appeal and to the High Court". Merrionstreet.ie Irish Government New Service. 7 November 2017. Archived from the original on 7 November 2017. Retrieved 7 November 2017.
  38. ^ "President appoints new judges". President.ie. 1 December 2017. Archived from the original on 9 December 2017. Retrieved 10 December 2017.
  39. ^ "Justice Finlay Geoghegan to retire from Supreme Court". Law Society Gazette. 31 May 2019. Retrieved 6 June 2019.
  40. ^ Rafter, Kevin (23 February 2000). "Mr Justice Geoghegan for Supreme Court". The Irish Times. Dublin. ISSN 0791-5144. Archived from the original on 5 July 2021. Retrieved 19 April 2020.
  41. ^ "Young blood: James Geoghegan". The Phoenix. 8 July 2019. Archived from the original on 5 January 2022. Retrieved 19 April 2020.
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