Remarks by The Hon. Mr. Justice Michael Peart

• Date: 01 January 2023

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Remarks by

THE HON MR JUSTICE MICHAEL PEART*1

I am truly delighted to be invited to speak at this evening’s event so well organised

by its current Editor in Chief, Joshua Kieran-Glennon. His organisational skills

speak volumes for the great training that he is currently receiving at McCann

Fitzgerald LLP.

I have enjoyed a close association with the Hibernian Law Journal for many years

now – indeed I had the privilege of being its rst Judge in Residence for some years.

During those years I always found it a pleasure to read all the articles in that year’s

edition of the Journal, and to make the very dicult decision as to which author

should receive the prize for best article. Since its rst volume in 1999 the Journal

has gone from strength to strength – always under the constant and watchful eye

of the Director of Education at Blackhall Place, the inspirational T.P. Kennedy,

who has done so much over so many years to advance and enhance the training and

development of solicitors in Ireland.

My delight at being invited to speak this evening was somewhat tempered when I

heard that another of our speakers would be Michael McDowell. For it was he when

Minister for Justice who telephoned me at about 4pm on the 26th June 2002 to tell

me that the Government had nominated me to be appointed by the President to be

a judge of the High Court.

While I accept that I had indeed put in an application for such an appointment

following the enactment of the Courts and Court Ocers Act, 2002 on the 10th

April 2002, and to that extent was guilty of some contributory negligence, the

Minister’s phone call immediately put me into an anaphylactic shock, and there was

a sudden realisation that (a) I had told no members of my rm that I had applied,

and (b) none of my family either (except my wife), and (c) that my life would never

be the same again.

Hoping to hear perhaps that I could commence life as a judge aer the long

vacation, I recall asking the Minister when I would be expected to start. He said

‘well, I was speaking to Joe Finnegan (then-President of the High Court) last week,

and he wants you to start on Monday’!! So any hope that I might have the long

* e Hon. Mr. Justice Michael Peart was admitted as a solicitor in 1970, and was the rst solicitor

appointed to the High Court under the 2002 Act. Aer serving on the High Court until 2014, Mr

Justice Peart was among the rst judges appointed to the Court of Appeal on its creation. While

on the Bench, he chaired the Law Society’s commission on the future of education and training of

solicitors. Since his retirement in 2020, Mr Justice Peart has acted as mediator and arbitrator in

disputes across a range of practice areas and currently chairs the Expert Group appointed by the

Minister for Justice to examine and report on the Oences Against the State Act. He is also a former

Judge-in-Residence at the Hibernian Law Journal.