John Cooke (judge)

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John Cooke
Judge of the High Court
In office
25 November 2008 – 20 December 2013
Nominated byGovernment of Ireland
Appointed byMary McAleese
Judge of the Court of First Instance
In office
10 January 1996 – 15 September 2008
Personal details
Born
John D. Cooke

1944 (1944)
Died(2022-04-29)29 April 2022 (aged 78)
Dublin, Ireland
NationalityIrish
Alma mater

John Cooke (1944 – 29 April 2022) was an Irish lawyer and judge who served as a judge of the Court of First Instance between 1996 and 2008 and the High Court between 2008 and 2013. He practised as a barrister before and after serving as a judge.

Early career

Cooke was born in 1944 to Kathleen and Richard Cooke, a barrister who practiced until he died aged 94.[1][2] He obtained BCL and LLB degrees from University College Dublin.[3] He became a barrister in 1966 and a senior counsel in 1980.[4] He was also called to the bars of Northern Ireland, England and Wales, and New South Wales.[1]

His case load was predominantly in commercial litigation and EU law, with expertise in competition law.[4][5] He appeared in cases in the EU courts.[6][7]

Judicial career

Court of First Instance

Cooke became a judge of the Court of First Instance in 1996.[1] He succeeded Donal Barrington as the Irish judge on the court.[8] His term was renewed in 2001 and he concluded his term early in September 2008.[5][9] He was the judge-rapporteur in Microsoft Corp. v. Commission.[5][10]

High Court

He was appointed to the High Court in November 2008.[11] He heard numerous cases involving asylum law while serving on the court.[12][13] He heard cases involving judicial review, competition law, injunctions, and insolvency law.[14][15][16][17] He approved the appointment of two provisional examiners to the QUINN group in March 2010.[18] He presided in hearings related to the bankruptcy of Seán Dunne.[19] His decision in Lofinmakin v. Minister for Justice Equality & Law Reform was upheld by the Supreme Court of Ireland.[20]

Cooke was appointed to chair the Constituency Commission in 2011, which produced reports to the Oireachtas in 2012 and 2013.[21][22][23][24] The 2012 report recommended reducing the number of members of Dáil Éireann by eight.[25]

He retired in December 2013.[26][27]

Later career

Cooke chaired an inquiry from June 2014 into allegations of surveillance of the Garda Síochána Ombudsman Commission.[28] His report found no evidence of bugging.[29] He was appointed chair of the Irish Financial Services Appeals Tribunal in 2015, with his term renewed in 2020.[30][31] He was appointed the sole member of a Commission of Investigation into the sale of loans by the National Asset Management Agency known as Project Eagle.[32] The timeframe to report was extended to June 2022 in March 2022.[33]

He acted for the Irish government in relation to the Ireland v Commission case.[34]

Personal life

He was married to Sally and had two children. He died in April 2022, aged 78.[4][35]

References

  1. ^ a b c "CURIA - General Court - Court of Justice of the European Union". curia.europa.eu. Archived from the original on 10 April 2022. Retrieved 2 May 2022.
  2. ^ "Distinguished barrister ended career as Father of Bar". The Irish Times. Retrieved 2 May 2022.
  3. ^ "John D Cooke (1944-2022)". Facebook. UCD School of Law. Retrieved 2 May 2022.
  4. ^ a b c O'Brien, Tim (29 April 2022). "Former High Court judge John Cooke dies in Dublin hospital". The Irish Times. Retrieved 2 May 2022.
  5. ^ a b c Smyth, Jamie (16 February 2008). "Irish representative on European court resigns". The Irish Times. Retrieved 2 May 2022.
  6. ^ "Case C-160/94: Commission v. Spain". Retrieved 2 May 2022.
  7. ^ "Case C-84/95: Bosphorus v Minister for Transport, Energy and Communications". Retrieved 2 May 2022.
  8. ^ "Barrington for Supreme Court". The Irish Times. Retrieved 2 May 2022.
  9. ^ "Curia - CP0136en". curia.europa.eu. Retrieved 2 May 2022.
  10. ^ "Microsoft Corp. v. Commission (2007) T-201/04". Retrieved 2 May 2022.
  11. ^ "No. 98 – 1451" (PDF). Iris Oifigiúil. 5 December 2008. Retrieved 2 May 2022.
  12. ^ McEnroe, Juno (20 February 2014). "'Very well-respected judge' with 50 years experience". Irish Examiner. Retrieved 2 May 2022.
  13. ^ "'I'm scared . . . but I can't bear to be parted from Abigail'". The Irish Times. Retrieved 2 May 2022.
  14. ^ Carolan, Mary. "Court rejects challenge to natural gas transmission network charges". The Irish Times. Retrieved 2 May 2022.
  15. ^ Carolan, Mary. "IMO agrees to withdraw from GP fee cut protest". The Irish Times. Retrieved 2 May 2022.
  16. ^ "Boxer appeals omission from squad". The Irish Times. Retrieved 2 May 2022.
  17. ^ Carolan, Mary. "Liquidator appointed to Zoe firms". The Irish Times. Retrieved 2 May 2022.
  18. ^ "Administrators for Quinn firms". The Irish Times. Retrieved 2 May 2022.
  19. ^ O'Faolain, Aodhan. "House raid items not owned by Sean Dunne will be returned, court told". The Irish Times. Retrieved 2 May 2022.
  20. ^ "Lofinmakin (a minor) & ors v Minister for Justice Equality & Law Reform [2013] IESC 49 (20 November 2013)". Retrieved 2 May 2022.
  21. ^ "Commission to review Dáil and European Constituencies Established" (PDF). Retrieved 2 May 2022.
  22. ^ "CONSTITUENCY COMMISSION REPORT 2012" (PDF). Retrieved 2 May 2022.
  23. ^ "REPORT ON EUROPEAN PARLIAMENT CONSTITUENCIES 2013" (PDF). Retrieved 2 May 2022.
  24. ^ "Commission Report Team Members". The Irish Times. Retrieved 2 May 2022.
  25. ^ Collins, Stephen. "Number of TDs to be cut by eight in commission proposal". The Irish Times. Retrieved 2 May 2022.
  26. ^ Mac Cormaic, Ruadhan. "Courts face 'upheaval' over key judicial vacancies". The Irish Times. Retrieved 2 May 2022.
  27. ^ "Ten judges to retire before 70pc pension super tax kicks in". Irish Independent. Retrieved 2 May 2022.
  28. ^ Ó Caollaí, Éanna; McGee, Harry. "Retired High Court judge appointed to GSOC inquiry". The Irish Times. Retrieved 2 May 2022.
  29. ^ "Cooke report finds no evidence of bugging of GSOC". Irish Examiner. 10 June 2014. Retrieved 2 May 2022.
  30. ^ "IFSAT Annual Report 2015" (PDF). Retrieved 2 May 2022.
  31. ^ "IFSAT Annual Report 2020" (PDF). Retrieved 2 May 2022.
  32. ^ McConnell, Daniel (25 March 2021). "Costs for State inquiry into Nama's Project Eagle sale top €3.1m". Irish Examiner. Retrieved 2 May 2022.
  33. ^ "NAMA Commission of Investigation - publication of Thirteenth Interim Report and statement". www.gov.ie. Retrieved 2 May 2022.
  34. ^ Foxe, Ken. "Apple tax case: Four individual lawyers paid over €500,000 each". The Irish Times. Retrieved 2 May 2022.
  35. ^ Carolan, Mary (3 May 2022). "Judge John Cooke an 'exceptional man' who never lost sense of fairness, funeral told". The Irish Times. Retrieved 6 May 2022. Judge Cooke (78) who had cancer, died at St Vincent’s Private Hospital in Dublin on Friday. His sister Eleanor predeceased him last October.
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