Nuala Butler

Last updated

The Hon. Ms. Justice
Nuala Butler
Judge of the Court of Appeal
Assumed office
17 October 2022

Nuala Butler is an Irish judge who has served as a Judge of the Court of Appeal since October 2022. She previously served as a Judge of the High Court from 2020 to 2022.

Contents

Early life

Butler was educated at Mount Anville Secondary School, followed by University College Dublin, from where she graduated with a BCL degree in 1984 and an LL.M. degree in 1989. [1] She obtained a BL degree from the King's Inns. [2]

She qualified as a barrister and was called to the Bar in 1986, becoming a senior counsel in 2003. She practised on the Dublin and Eastern circuits. [3]

Butler frequently appeared in matters involving judicial review and planning and environmental law on behalf of the government, An Bord Pleanála and other public bodies. [4] [5] [6] She was appointed by the Supreme Court of Ireland to argue against the constitutionality of part of the Planning and Development Bill 1999 (with Paul Gallagher and James Connolly) in a reference made by President Mary McAleese under Article 26 of the Constitution. [7] She further practiced in areas of law including defamation law, constitutional law, child law, election law, and asylum law. [8] [9] [10] [11] [12]

She appeared in several tribunals of inquiry during her career. She represented the public interest at the McCracken Tribunal, [13] the Attorney General of Ireland at the Smithwick Tribunal [14] and the Garda Síochána at the Morris Tribunal. [15] She acted as legal adviser to an Oireachtas committee on the content of the Thirty-sixth Amendment of the Constitution of Ireland. [16]

Outside of her practice as a barrister, she was a member of the Employment Appeals Tribunal between 1989 and 1992 and was chairperson of the Mining Board from 1999 to 2002. Between 2016 and 2019, she chaired the Incorporated Council for Law reporting in Ireland. [17]

Judicial career

High Court

Butler was appointed a judge of the High Court in October 2020. [18] Her appointment followed a vacancy created by the appointment of Teresa Pilkington to the Court of Appeal. [2]

She has heard cases involving insolvency law, probate law, employment law, breach of privacy, judicial review and injunctions. [19] [20] [21] [22] [23] [24] In September 2021, she held in an action taken by Patrick Costello that ratifying the Comprehensive Economic and Trade Agreement would not be contrary to the Irish constitution. [25]

Court of Appeal

Butler was nominated to replace David Barniville on the Court of Appeal in July 2022. [26] Her appointment led to the Court of Appeal being the first court in Irish history to have a majority of women. [27] She was appointed in October 2022. [28]

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References

  1. ↑ "Nuala Butler to be appointed to High Court". Facebook. UCD School of Law. Retrieved 9 October 2020.
  2. 1 2 "Appointment to the High Court". merrionstreet.ie. Retrieved 9 October 2020.
  3. ↑ "Nuala Butler SC". Law Library. Archived from the original on 9 October 2020. Retrieved 9 October 2020.
  4. ↑ "Lancefort Ltd given leave to appeal court rejection to Supreme Court". The Irish Times. Archived from the original on 16 November 2017. Retrieved 9 October 2020.
  5. ↑ Stack, Siobhan. "Revoked statutory instrument could not continue to apply to planning appeal". The Irish Times. Retrieved 9 October 2020.
  6. ↑ "Lissadell case adjourned after documents found". The Irish Times. Retrieved 9 October 2020.
  7. ↑ "In the matter of Article 26 of the Constitution and in the matter of Part V of the Planning and Development Bill 1999 (2000) 2 I.R. 321". Archived from the original on 6 February 2020. Retrieved 9 October 2020.
  8. ↑ "Case against 'Irish Times' settled". The Irish Times. Retrieved 9 October 2020.
  9. ↑ Lewis, Ciaran. "High Court has no jurisdiction to review constitutionality of a bill". The Irish Times. Archived from the original on 23 September 2021. Retrieved 9 October 2020.
  10. ↑ Carolan, Mary. "Court approves detention place for girl of 14". The Irish Times. Archived from the original on 23 September 2021. Retrieved 9 October 2020.
  11. ↑ "Aspiring candidates fail in challenge to election law". The Irish Times. Archived from the original on 23 September 2021. Retrieved 9 October 2020.
  12. ↑ Carolan, Mary. "Supreme Court considering right to work of asylum seekers". The Irish Times. Archived from the original on 12 November 2020. Retrieved 9 October 2020.
  13. ↑ Kennedy, Geraldine. "Initial hearing by Dunnes tribunal". The Irish Times. Archived from the original on 23 September 2021. Retrieved 9 October 2020.
  14. ↑ "Appendix of Smithwick Tribunal" (PDF). Justice.ie. Archived (PDF) from the original on 10 October 2020. Retrieved 9 October 2020.
  15. ↑ "Tribunals of Inquiry: 22 Nov 2005: Written answers (KildareStreet.com)". www.kildarestreet.com. Archived from the original on 23 September 2021. Retrieved 9 October 2020.
  16. ↑ "Senior barrister warns Eighth Amendment committee of inherent 'legal uncertainties'". Irish Legal News. Archived from the original on 23 September 2021. Retrieved 9 October 2020.
  17. ↑ Hilliard, Mark. "Government nominates Nuala Butler to serve as High Court judge". The Irish Times. Archived from the original on 29 September 2020. Retrieved 9 October 2020.
  18. ↑ "Diary President Higgins Appoints Ms Nuala Butler S.c To The High Court". president.ie. Archived from the original on 20 October 2020. Retrieved 9 October 2020.
  19. ↑ O’Loughlin, Ann (2 December 2020). "Judge says liquidator must repay €861k to solvent investment company". Irish Examiner. Retrieved 25 September 2021.
  20. ↑ Carolan, Mary. "Deceased farmer's nephew not entitled to €1m Kerry Group shares, court rules". The Irish Times. Retrieved 25 September 2021.
  21. ↑ "High Court: Employment dispute dismissed for want of prosecution after 18 years". Irish Legal News. Retrieved 25 September 2021.
  22. ↑ "Ex-minister Carey claims 2015 articles breached his privacy". Irish Independent. Retrieved 25 September 2021.
  23. ↑ Carolan, Mary. "Bórd Pleanála seeks to bring appeal over court's jurisdiction to analyse decisions". The Irish Times. Retrieved 25 September 2021.
  24. ↑ "Landowner allows ESB on to land for repairs and avoids risk of jail for contempt". Irish Independent. Retrieved 25 September 2021.
  25. ↑ O'Donnell, Orla (16 September 2021). "Green Party TD loses court challenge over CETA deal". RTÉ News. Retrieved 25 September 2021.
  26. ↑ "Ms Justice Nuala Butler for Court of Appeal". www.lawsociety.ie. Retrieved 31 July 2022.
  27. ↑ "Court of Appeal makes history as first in State to have majority of female judges". The Irish Times. Retrieved 31 July 2022.
  28. ↑ "Diary President Appoints Ms Justice Nuala Butler To The Court Of Appeals". president.ie. Retrieved 17 October 2022.
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