High Court (Ireland)#Master of the High Court

{{Unreferenced section|date=August 2021}}

The High Court is established by Article 34{{Cite web |last=Book (eISB) |first=electronic Irish Statute |title=electronic Irish Statute Book (eISB) |url=https://www.irishstatutebook.ie/eli/cons/en/html#part11 |access-date=2023-09-14 |website=www.irishstatutebook.ie |language=en}} of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President, as Article 35 dictates.{{Cite web |last=Book (eISB) |first=electronic Irish Statute |title=electronic Irish Statute Book (eISB) |url=https://www.irishstatutebook.ie/eli/cons/en/html#part11 |access-date=2023-09-14 |website=www.irishstatutebook.ie |language=en}} However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Government". In practice, this means that the judges are nominated by the government and automatically approved by the President.

The High Court is composed of its president, 42 ordinary judges,{{cite web |title=Number of ordinary judges of High Court - Section 8, Civil Law (Miscellaneous Provisions) Act 2021 |url=http://www.irishstatutebook.ie/eli/2021/act/14/section/8/enacted/en/html#sec8 |website=Irish Statute Book |access-date=25 September 2021 |archive-date=10 July 2021 |archive-url=https://web.archive.org/web/20210710120926/http://www.irishstatutebook.ie/eli/2021/act/14/section/8/enacted/en/html#sec8 |url-status=live }} and additional judges being ex officio the Chief Justice, the President of the Court of Appeal, the President of the Circuit Court, and former chief justices and courts presidents who remain judges.

Cases are normally heard by one judge, but the President of the High Court may order that a particular case be heard by three judges sitting together — a so-called 'divisional court'.

The court normally hears cases in the Four Courts building in Dublin, although it also has regular sittings outside the capital.

Mella Carroll was the first woman to serve on the court and did so between 1980 and 2005.

{{anchor|Criminal cases}}{{anchor|Central Criminal Court}}

The High Court is known as the 'Central Criminal Court' when it is hearing a criminal case. The Central Criminal Court has exclusive jurisdiction over the following criminal offences:

• treason, encouraging, harbouring, or comforting treason,{{Cite web |url=http://www.irishstatutebook.ie/1939/en/act/pub/0010/index.html |title=Treason Act 1939 |access-date=9 January 2015 |archive-date=14 April 2015 |archive-url=https://web.archive.org/web/20150414100420/http://www.irishstatutebook.ie/1939/en/act/pub/0010/index.html |url-status=live }}{{cite book |last1=O'Malley |first1=Thomas |title=The Criminal Process |date=2009 |publisher=Round Hall |location=Dublin |isbn=9781858004624| at=Para. 9-28}}
• an offence under section 6, 7, or 8 of the Offences Against the State Act 1939,{{Cite web |url=http://www.irishstatutebook.ie/1961/en/act/pub/0039/sec0025.html |title=Courts (Supplemental Provisions) Act 1961 |access-date=9 January 2015 |archive-date=10 January 2015 |archive-url=https://web.archive.org/web/20150110023129/http://www.irishstatutebook.ie/1961/en/act/pub/0039/sec0025.html |url-status=live }}
• piracy,
• genocide,{{Cite web |url=http://www.irishstatutebook.ie/1973/en/act/pub/0028/sec0002.html |title=Genocide Act 1973 |access-date=9 January 2015 |archive-date=10 January 2015 |archive-url=https://web.archive.org/web/20150110005201/http://www.irishstatutebook.ie/1973/en/act/pub/0028/sec0002.html |url-status=live }}
• a severe breach of the Geneva Conventions,{{Cite web |url=http://www.irishstatutebook.ie/1962/en/act/pub/0011/sec0003.html |title=Geneva Conventions Act 1973 |access-date=9 January 2015 |archive-date=22 October 2013 |archive-url=https://web.archive.org/web/20131022224044/http://www.irishstatutebook.ie/1962/en/act/pub/0011/sec0003.html |url-status=live }}
• murder,
• rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990, and aggravated sexual assault,{{Cite web |url=http://www.irishstatutebook.ie/1990/en/act/pub/0032/sec0010.html |title=Criminal Law (Rape) (Amendment) Act 1990 |access-date=9 January 2015 |archive-date=10 January 2015 |archive-url=https://web.archive.org/web/20150110024013/http://www.irishstatutebook.ie/1990/en/act/pub/0032/sec0010.html |url-status=live }}
• burglary with intent to commit rape, and
• anti-competitive behaviour and abuse of a dominant market position contrary to the Competition Act 2002.{{Cite web |url=http://www.irishstatutebook.ie/2002/en/act/pub/0014/sec0011.html |title=Competition Act 2002 |access-date=9 January 2015 |archive-date=10 January 2015 |archive-url=https://web.archive.org/web/20150110024017/http://www.irishstatutebook.ie/2002/en/act/pub/0014/sec0011.html |url-status=live }}

All Central Criminal Court cases are heard in front of a jury of twelve people. The defendant can be convicted on a majority verdict of ten jurors. Appeals from the Central Criminal Court can be made to the Court of Criminal Appeal, and the sentence can be appealed as well as the verdict.

{{Unreferenced section|date=August 2021}}The High Court is the court of first instance for all civil cases where the plaintiff is claiming more than €75,000 in damages in ordinary contract and tort claims, or €60,000 in damages in personal injuries actions,{{Cite web |title=What happens in the High Court? {{!}} The Courts Service of Ireland |url=https://www.courts.ie/what-happens-high-court |access-date=2023-09-14 |website=www.courts.ie}} this being the upper limit of the jurisdiction of the Circuit Court.

By virtue of its full original jurisdiction under the Constitution, however, theoretically a civil action of any value may commence in the High Court.

The High Court has full chancery powers to grant any injunction or declaration that could be granted by a court of chancery. Petitions to windup companies and various company law remedies are heard by the High Court which has exclusive jurisdiction in this area.

The High Court further has exclusive jurisdiction in the area of bankruptcies.

In contentious Probate matters and Family Law, the High Court has concurrent jurisdiction with the Circuit Court over such claims. Non-contentious Probate motions are heard solely by the High Court.

The High Court has full jurisdiction in Admiralty and can exercise jurisdiction under the Brussels Convention on the Arrest of Seagoing Vessels.

The Court also has power of judicial review over the acts of the government and other public bodies, including the decisions of all inferior courts, and decisions made by tribunals of inquiry.

The High Court hears all applications for extradition, both under the European Arrest Warrant system and to non-EU member states.

Appeals from professional disciplinary bodies under the Nurses Act, Medical Practitioners Act and Solicitors Acts are to the High Court.

Any non-criminal judgment or order of the High Court sitting as a court of first instance may be appealed to the Supreme Court save as provided for by statute.

The High Court also hears civil and family law appeals from the Circuit Court and when hearing such an appeal its decision is final and there is no right of further appeal. The High Court sits outside of Dublin to hear appeals from trials from circuits other than the Dublin Circuit and is known as the "High Court on Circuit".

Statutory appeals on points of law can be made to the High Court from the District Court and various statutory bodies and consultative cases on a point of law can be stated to the High Court from the District Court, various statutory bodies or an arbitrator hearing an arbitration.

{{Refimprovesection|date=August 2021}}

The current High Court is the fourth court in Ireland to bear that name. The first High Court – the High Court of Justice in Ireland – was created by the Supreme Court of Judicature Act (Ireland) 1877. This fused the administration of common law and equity in Ireland (as had been done in England several years earlier under the Judicature Acts). The existing four superior courts, the Court of King's Bench (Ireland), Court of Chancery, Court of Exchequer, and Court of Common Pleas were merged to form the High Court of Justice, although they remained as divisions of the new court, and the building which housed them is called the Four Courts to this day. However, in Ireland, the divisions of the High Court other than the King's Bench Division and Chancery Division were abolished by 1907. The Government of Ireland Act 1920 split the court into separate courts for Northern Ireland (the High Court of Justice in Northern Ireland and the High Court of Justice in Southern Ireland). Judges of the existing Court became judges of the Southern Ireland court unless they elected otherwise. With the enactment of the Constitution of the Irish Free State, the High Court became the High Court of Justice in Saorstát Éireann.

After the establishment of the Irish Free State, the Courts of Justice Act 1924 created a new courts system. The High Court of Justice was the only court from the pre-independence era to keep its name (and substantially, the same jurisdiction). However, the divisions were now completely abolished and any judge of the High Court could now hear any suit at either common law or equity. A new office of President of the High Court was established, as the previous judicial offices (Lord Chief Justice of Ireland, Vice-Chancellor, and Master of the Rolls in Ireland) were abolished under this Act. Most of the existing judges retired at this time and new judges were appointed.

After the enactment of the Constitution of Ireland, the Courts Acts 1961 established a new High Court as required by the Constitution. However this Court was in both form and name substantially identical to that established under the 1924 Act.{{cite web |url=http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/8B9125171CFBA78080256DE5004011F8?opendocument&l=en |title=History of the Law |access-date=2010-10-17 |url-status=dead |archive-url=https://web.archive.org/web/20101017151352/http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/8B9125171CFBA78080256DE5004011F8?opendocument&l=en |archive-date=17 October 2010 |df=dmy-all }} This court is simply known as the High Court.

• 1977 – Norris v. The Attorney General (criminalisation of homosexuality upheld)Ireland was subsequently judged to be in breach of the European Convention on Human Rights in Norris v. Ireland. Homosexuality was legalised in the Republic by the Criminal law (Sexual Offences) Act 1993.
• 1987 – Kennedy v. Ireland (right to privacy)

Judges of the High Court deal with both civil and criminal matters, and have full original jurisdiction. When the High Court deals with criminal cases, it sits as the Central Criminal Court.{{cite book|last=Hall|first=Eamonn G.|title=The superior courts of law: 'official' law reporting in Ireland, 1866-2006|year=2007|publisher=Incorporated Council of Law Reporting for Ireland|location=Dublin|isbn=9780946738083 |pages=521–530}}

In court, ordinary judges are directly addressed as "Judge" (in Irish, "a Bhreithimh") or in the third person as "The Court". The President of the High Court is to be addressed by their title.{{Cite web |url=http://www.inis.gov.ie/en/JELR/Pages/PR07000954 |title=Minister McDowell signs into operation change in mode of address of Judges - The Department of Justice |access-date=22 October 2021 |archive-date=22 October 2021 |archive-url=https://web.archive.org/web/20211022091228/http://www.inis.gov.ie/en/JELR/Pages/PR07000954 |url-status=live }} In writing, judges should be described as "The Honourable Mr/Mrs/Ms/Miss Justice Murphy", which is typically abbreviated in judgements as "Murphy J." ("Murphy P." in the case of the president). Prior to 2006, judges were traditionally addressed in court as "My Lord" (whether male or female), following the British tradition, although this was never contained in the Rules of the Superior Courts.

The President of the Circuit Court may sit as an additional High Court judge and occasional other Circuit Court judges are temporarily assigned to sit ex officio as High Court judges. The Chief Justice of Ireland is additionally an ex officio judge of the High Court.

{{see also|List of judges of the High Court (Ireland)}}

The office of President of the High Court was created under the Courts of Justice Act 1924.The Superior Courts of Law: 'Official' Law Reporting in Ireland 1866–2006, Eamonn G. Hall. pages 519–520 Before 1924, the Master of the Rolls in Ireland was the President of the High Court.The Judges in Ireland 1221–1921, Francis Erlington Ball {{ISBN|1-84630-074-6}}

{{anchor|Master}}

The Master of the High Court is an official attached to the court with the power to make a range of minor interlocutory orders and give judgement in uncontested matters. Although based on the common-law master of the English judiciary, the master in Ireland is not a judge, but rather a "quasi-judicial office holder".{{cite news|url=http://aji.ie/judiciary/who_are_the_judiciary|title=Who are the Judiciary?|work=Association of Judges of Ireland|access-date=17 January 2016|quote=Contrary to a misconception sometimes held, neither the Master of the High Court nor the Taxing Masters are members of the judiciary. They are what are known as quasi-judicial office holders.|archive-url=https://web.archive.org/web/20160117134254/http://aji.ie/judiciary/who_are_the_judiciary|archive-date=17 January 2016|url-status=dead}} The office of master of the High Court was established in 1926.Court Officers Act, 1926, Section 3 Its functions are specified in Order 63 of the Rules of the Superior Courts.{{cite web|url=http://www.courts.ie/rules.nsf/0/6b446e7fedb539bf80256d2b0046b3de?OpenDocument|title=HC63: The Master of the High Court|work=Court Rules|publisher=Courts Service of Ireland|access-date=13 January 2015|archive-date=13 January 2015|archive-url=https://web.archive.org/web/20150113155142/http://www.courts.ie/rules.nsf/0/6b446e7fedb539bf80256d2b0046b3de?OpenDocument|url-status=live}}{{cite web|url=http://www.irishstatutebook.ie/1995/en/act/pub/0031/sec0025.html|title=Courts and Court Officers Act, 1995, Section 25|work=Irish Statute Book|access-date=13 January 2015|archive-date=11 August 2014|archive-url=https://web.archive.org/web/20140811190514/http://www.irishstatutebook.ie/1995/en/act/pub/0031/sec0025.html|url-status=live}} Originally, the master also had any residual powers of court officers whose posts were abolished in 1924 but whose powers were not transferred elsewhere.Court Officers Act, 1926, Section 31(3)

Although a barrister rather than a judge,Court Officers Act 1926, sec.21{{cite news|url=http://www.newstalk.com/High-Court-President:-Master-has-no-authority-to-speak-for-judges|title=High Court President: Master has no authority to speak for judges|last=Comyn|first=Francesca|date=16 April 2013|work=Newstalk|access-date=13 January 2015|quote=President Kearns has said he wishes to clarify that the Master is not a judge but an office holder with limited functions created by statute.}} the master holds hearings on original jurisdiction applications. These hearings, at which documentary evidence may be presented, are unofficially called the Master's Court.{{cite book|last=Reid|first=Colette|title=Civil Litigation|chapter-url=https://books.google.com/books?id=jhg6t3A2HkIC&pg=PA153|access-date=13 January 2015|edition=3rd|date=2013-02-28|publisher=Oxford University Press|isbn=9780199603435|pages=153–170|chapter=The Master's Court}} In 2008–2013, the master made 2,922 to 4,763 orders per annum,{{cite web|url=http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/E470E1731151FEDA80257752003D96AB?opendocument|title=Master of the High Court orders: archive|work=High Court|publisher=Courts Service of Ireland|access-date=13 January 2015|url-status=dead|archive-url=https://web.archive.org/web/20150113164127/http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/E470E1731151FEDA80257752003D96AB?opendocument|archive-date=13 January 2015|df=dmy-all}}{{cite web|url=http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/4097EAAF542F275580257A710040DCC4?opendocument|title=Master of the High Court orders: 2013|work=High Court statistics|publisher=Courts Service of Ireland|access-date=13 January 2015|url-status=dead|archive-url=https://web.archive.org/web/20150113155149/http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/4097EAAF542F275580257A710040DCC4?opendocument|archive-date=13 January 2015|df=dmy-all}} and issued between one and four rulings.{{cite web|url=http://www.courts.ie/offices.nsf/7648f93b64de67da80256e450043d1ff/9eb6a8a0bf49ce3d8025743b004c6ab6?OpenDocument|title=Master of the High Court - Rulings|publisher=Courts Service of Ireland|access-date=13 January 2015|url-status=dead|archive-url=https://web.archive.org/web/20150113155331/http://www.courts.ie/offices.nsf/7648f93b64de67da80256e450043d1ff/9eb6a8a0bf49ce3d8025743b004c6ab6?OpenDocument|archive-date=13 January 2015|df=dmy-all}}

Patrick Lindsay was the master from 1975 to 1984 and Harry Hill between 1984 and 2001.{{cite web |last1=White |first1=Lawrence William |last2=Dempsey |first2=Pauric J. |title=Lindsay, Patrick James {{!}} Dictionary of Irish Biography |url=https://www.dib.ie/biography/lindsay-patrick-james-a4841 |website=www.dib.ie |access-date=20 February 2022}}{{cite news |title=Ex-Master of the High Court and champion cricketer |url=https://www.irishtimes.com/news/ex-master-of-the-high-court-and-champion-cricketer-1.1262725 |access-date=20 February 2022 |newspaper=The Irish Times |language=en}} Edmund Honohan was made master in May 2001.{{cite news |title=Master of High Court appointed |url=https://www.irishtimes.com/news/master-of-high-court-appointed-1.306827 |access-date=20 February 2022 |newspaper=The Irish Times |language=en}} Since his retirement in April 2022, the position has been vacant with the deputy master presiding.{{cite news |title=Master of High Court will not be appointed until new legislation enacted |url=https://www.irishlegal.com/articles/master-of-high-court-will-not-be-appointed-until-new-legislation-enacted |access-date=5 June 2023 |work=Irish Legal News |date=2 June 2023 |language=en}}

• Courts of the Republic of Ireland

• {{cite web|url=http://www.irishstatutebook.ie/1926/en/act/pub/0027/ |title=Court Officers Act, 1926 |work=Irish Statute Book |access-date=13 January 2015 |url-status=dead |archive-url=https://web.archive.org/web/20150113155601/http://www.irishstatutebook.ie/1926/en/act/pub/0027/ |archive-date=13 January 2015 |df=dmy-all }}

{{reflist}}

• [https://web.archive.org/web/20090201084318/http://www.citizensinformation.ie/categories/justice/courts-system/high_court High Court] – Irish government information website
• [https://web.archive.org/web/20120420074101/http://www.courts.ie/courts.ie/library3.nsf/WebPageCurrentWeb/A02C9A68910CAE7280256D870050500C?OpenDocument&l=en High Court – Courts Service of Ireland]
• [http://www.bailii.org/ie/cases/IEHC/ High Court of Ireland Decisions] – British and Irish Legal Information Institute

{{Judiciary of the Republic of Ireland|state=collapsed}}

Category:Courts of the Republic of Ireland

Category:Courts and tribunals established in 1924

Category:1924 establishments in Ireland