Brian O'Moore

Last updated

The Hon. Mr. Justice
Brian O'Moore
Judge of the Court of Appeal
Assumed office
23 October 2023

Brian Gerard O'Moore is an Irish judge and lawyer who has served as a Judge of the Court of Appeal since October 2023. He previously served as a Judge of the High Court from 2019 to 2023.

Contents

Before being appointed to the bench, he practiced as a barrister where he was involved in many significant cases involving commercial law.

Early life

O'Moore attended secondary school at St Mary's College, Dublin, completing his studies in 1978. [1] He studied Legal Science at Trinity College Dublin, graduating in 1982, [2] [3] and trained to become a barrister at the King's Inns. [4] He became a scholar of Trinity College in 1980. [2]

He was called to the bar in 1984 and became a senior counsel fifteen years later in 1999. [4] His practiced focused primarily on commercial law, appearing on issues involving corporate disputes, company law, employment law and intellectual property disputes. [3] [5] [6] Jim Mansfield, Dunnes Stores, Quinn Group, the owners of the Shelbourne Hotel, Treasury Holdings, Comcast, Allied Irish Banks, and Declan Ganley were among his clients. [7] [8] [9] [10] [11] [12] [13] [14]

He represented Pat Kenny in a 2008 High Court case involving a dispute over land. [15] He was a barrister for Larry Goodman and his investment firm Breccia in disputes with the Blackrock Clinic and the Galway Clinic. [16] [17]

Beyond the Irish courts, O'Moore has also appeared for the Irish government at the European Court of Justice, including in Metock v Minister for Justice, Equality and Law Reform . [18] [19]

The precipitation of the post-2008 Irish banking crisis led to many court disputes, with O'Moore appearing in many, including on matters of insolvency law and in cases on behalf of the National Asset Management Agency. [20] [21] He acted for Anglo Irish Bank in November 2009 when a group of New York investors accused the bank of fraud. [22] In December 2009, he acted for the bank's former CEO David Drumm in an action the bank took seeking to recover unpaid loans. [23] He also acted for the Sisk Group and Seán Quinn and his family in defending actions taken by Anglo Irish Bank. [24] [25] During the Quinn proceedings, a son and a nephew of Seán Quinn were jailed for putting assets beyond the reach of the court. [26]

Beyond his commercial practice, he also represented clients in matters involving criminal law, immigration law, and defamation law. [27] [28] [29] He was counsel for Mary Harney and The Irish Times in separate defamation cases. [30] [31] He appeared for James Gogarty at the Flood Tribunal in 1999. [32] He acted for the Attorney General of Ireland to defend an attempt by a group of prisoners in Mountjoy Prison seeking release to vote in the first referendum on the Nice Treaty. [33] and Office of the Director of Corporate Enforcement the other proceedings. [34]

He was appointed the lead counsel for a Central Bank of Ireland inquiry into Irish Nationwide Building Society in 2017. [3] [35]

Judicial career

High Court

O'Moore was appointed to the High Court in December 2019. [36] He was a judge of the Commercial Court division of the High Court. [3] He has presided over cases involving professional negligence, employment law, company law, insolvency law, judicial review, and injunctions. [37] [38] [39] [40] [41] [42]

Court of Appeal

O'Moore was appointed to the Court of Appeal in October 2023. [43]

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References

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  2. 1 2 "List of Scholars". TCD.ie. Archived from the original on 15 June 2019. Retrieved 23 November 2020.
  3. 1 2 3 4 "Judges of the Commercial Court". Courts.ie. Archived from the original on 27 November 2020. Retrieved 19 November 2020.
  4. 1 2 "Nominations for Appointment to the High Court". merrionstreet.ie. Archived from the original on 16 March 2020. Retrieved 19 November 2020.
  5. ↑ Brennan, Joe (22 January 2015). "Former RSA boss Philip Smith takes constructive dismissal case". Irish Examiner. Archived from the original on 28 November 2020. Retrieved 19 November 2020.
  6. ↑ Carolan, Mary. "Yogurt trademark dispute reaches court". The Irish Times. Retrieved 19 November 2020.
  7. ↑ "Mansfield sued over alleged non-payment to machinery firm". Sunday Business Post. 14 December 2003.
  8. ↑ Kilfeather, Vivion (24 July 2007). "Food hall refusal costs Dunnes €10m". Irish Examiner. Retrieved 19 November 2020.
  9. ↑ "Insurers join forces to battle equal risk scheme". Irish Independent. Retrieved 19 November 2020.
  10. ↑ "Shelbourne owners claim hotel is 'mismanaged'". Irish Examiner. 25 November 2008. Retrieved 19 November 2020.
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  13. ↑ "Suspended AIB manager seeks damages". Irish Examiner. 12 October 2013. Retrieved 19 November 2020.
  14. ↑ O’Loughlin, Ann (22 November 2013). "Ganley acted maliciously against me, says O'Brien". Irish Examiner. Retrieved 19 November 2020.
  15. ↑ "Pat Kenny 'betraying friendship' in land row". Irish Examiner. 1 April 2008. Retrieved 19 November 2020.
  16. ↑ "Blackrock Clinic battle storms the High Court". Sunday Business Post. 22 February 2015.
  17. ↑ "Legal battle over Galway Clinic gets personalised". Irish Independent. Archived from the original on 18 October 2018. Retrieved 19 November 2020.
  18. ↑ Case C‑507/03 Commission v Ireland (13 November 2007)
  19. ↑ "Case C‑127/08 Metock v Minister for Justice, Equality and Law Reform (25 July 2008)". Archived from the original on 12 March 2017. Retrieved 19 November 2020.
  20. ↑ "Green light for Superquinn sale as examinership petition withdrawn". Irish Examiner. 27 July 2011. Archived from the original on 27 November 2020. Retrieved 19 November 2020.
  21. ↑ "Kelleher gives Nama a bloody nose in court". Irish Independent. Archived from the original on 14 May 2017. Retrieved 19 November 2020.
  22. ↑ "Investors sue Anglo over hotels fund". RTÉ News. 2 November 2009. Archived from the original on 11 June 2016. Retrieved 19 November 2020.
  23. ↑ Kilfeather, Vivion (8 December 2009). "Ex-Anglo chief resists €8.3m bank bid". Irish Examiner. Retrieved 19 November 2020.
  24. ↑ "Sisk claims Anglo agreed to pay builder's liabilities for €10 fee". Irish Independent. Archived from the original on 22 September 2021. Retrieved 19 November 2020.
  25. ↑ "Quinn family begin action for damages against Anglo". Irish Independent. Archived from the original on 27 November 2020. Retrieved 19 November 2020.
  26. ↑ McDonald, Henry (20 July 2012). "Sean Quinn escapes jail but son and nephew get prison sentences". The Guardian. Archived from the original on 26 September 2015. Retrieved 19 November 2020.
  27. ↑ "Man wins appeal over blood, urine sample conviction". The Irish Times. Archived from the original on 22 September 2021. Retrieved 19 November 2020.
  28. ↑ "Student Kunle gains injunction preventing deportation". Irish Examiner. 30 March 2006. Archived from the original on 27 November 2020. Retrieved 19 November 2020.
  29. ↑ "Accountant settle case with Tribune". Irish Examiner. 18 May 2006. Archived from the original on 27 November 2020. Retrieved 19 November 2020.
  30. ↑ Tighe, Mark. "Harney seeks damages over alcoholism slur on Newstalk". The Sunday Times. Archived from the original on 28 November 2020. Retrieved 19 November 2020.
  31. ↑ "'Irish Times' pays 'substantial' damages to former minister". Irish Independent. Archived from the original on 6 February 2019. Retrieved 19 November 2020.
  32. ↑ "The courtly players who strut and fret". Irish Independent. 28 February 1999. Archived from the original on 22 September 2021. Retrieved 19 November 2020.
  33. ↑ "Anti-Nice Treaty group unsuccessful in injunction bid". Irish Examiner. 7 June 2001.
  34. ↑ "Judge 'reminded' of disqualification orders in Fyffes/DCC court battle". Irish Independent. Archived from the original on 22 September 2021. Retrieved 19 November 2020.
  35. ↑ "A week in, and agreement is in short supply at Inquiry into bailed-out INBS". Irish Independent. Archived from the original on 22 September 2021. Retrieved 19 November 2020.
  36. ↑ "Diary President Appoints Judges To The Supreme Court And The High Court Dec 2019". president.ie. Archived from the original on 10 December 2020. Retrieved 19 November 2020.
  37. ↑ "High Court: Renewal of professional negligence summons set aside". Irish Legal News. Archived from the original on 30 November 2020. Retrieved 19 November 2020.
  38. ↑ O’Loughlin, Ann (5 May 2020). "Limerick Garda Superintendent's suspension challenge to be heard in High Court later this month". Irish Examiner. Archived from the original on 12 August 2020. Retrieved 19 November 2020.
  39. ↑ O’Loughlin, Ann (30 January 2020). "Businessman who admitted role in €1.2m tax fraud disqualified from acting as company director for 14 years". Irish Examiner. Archived from the original on 22 September 2021. Retrieved 19 November 2020.
  40. ↑ O’Loughlin, Ann (9 July 2020). "Provisional liquidators appointed to Caritas convalescent centre in Dublin". Irish Examiner. Archived from the original on 19 January 2021. Retrieved 19 November 2020.
  41. ↑ Kavanagh -v- An Bord Pleanála & Ors (2020) IEHC 259 Archived 2021-09-22 at the Wayback Machine Courts.ie.
  42. ↑ Evalve Inc & ors -v- Edwards Lifesciences Ireland Ltd & ors (2020) IEHC 266 Archived 2021-09-22 at the Wayback Machine . Courts.ie
  43. ↑ "President Appoints Judges To The Court Of Appeal And The High Court23". president.ie. Retrieved 24 October 2023.
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