John Cooke (judge)
{{Short description|Irish judge (1944–2022)}}
{{Infobox officeholder
| name = John Cooke
| image =
| office = Judge of the High Court
| term_start = 25 November 2008
| term_end = 20 December 2013
| nominator = Government of Ireland
| appointer = Mary McAleese
| office1 = Judge of the Court of First Instance
| term_start1 = 10 January 1996
| term_end1 = 15 September 2008
| nominator1 = Government of Ireland
| appointer1 = European Council
| birth_name = John D. Cooke
| birth_date = {{birth date|1944|7|10|df=y}}
| birth_place = Dublin, Ireland
| death_date = {{death date and age|2022|4|29|1944|7|10|df=y}}
| death_place = Dublin, Ireland
| nationality = Irish
| spouse = Sally Cooke
{{small|(m. 1978; d. 2022)}}
| children = 2
| education =
| alma_mater = {{Ubl|University College Dublin|King's Inns}}
|}}
John Cooke (10 July 1944 – 29 April 2022) was an Irish judge who served as a Judge of the High Court from 2008 to 2013 and Judge of the Court of First Instance from 1996 to 2008 and the High Court from 2008 to 2013.
Early career
Cooke was born in 1944 to Kathleen and Richard Cooke, a barrister who practiced until he died aged 94.{{cite web |title=CURIA - General Court - Court of Justice of the European Union |url=https://curia.europa.eu/jcms/jcms/p1_217427/en/ |website=curia.europa.eu |access-date=2 May 2022 |archive-url=https://web.archive.org/web/20220410214853/https://curia.europa.eu/jcms/jcms/p1_217427/en/ |archive-date=10 April 2022}}{{cite news |title=Distinguished barrister ended career as Father of Bar |url=https://www.irishtimes.com/news/distinguished-barrister-ended-career-as-father-of-bar-1.1291017 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} He obtained BCL and LLB degrees from University College Dublin.{{cite web |title=John D Cooke (1944-2022) |url=https://www.facebook.com/UCDSchoolofLaw/posts/5449997251691221 |website=Facebook |publisher=UCD School of Law |access-date=2 May 2022}} He became a barrister in 1966 and a senior counsel in 1980.{{cite news |last1=O'Brien |first1=Tim |title=Former High Court judge John Cooke dies in Dublin hospital |url=https://www.irishtimes.com/news/ireland/irish-news/former-high-court-judge-john-cooke-dies-in-dublin-hospital-1.4865817 |access-date=2 May 2022 |newspaper=The Irish Times |date=29 April 2022 |language=en}} He was also called to the bars of Northern Ireland, England and Wales, and New South Wales.
His case load was predominantly in commercial litigation and EU law, with expertise in competition law.{{cite news |last1=Smyth |first1=Jamie |title=Irish representative on European court resigns |url=https://www.irishtimes.com/business/irish-representative-on-european-court-resigns-1.894562 |access-date=2 May 2022 |newspaper=The Irish Times |date=16 February 2008 |language=en}} He appeared in cases in the EU courts.{{cite web |title=Case C-160/94: Commission v. Spain |url=https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:61994CJ0160 |access-date=2 May 2022}}{{cite web |title=Case C-84/95: Bosphorus v Minister for Transport, Energy and Communications |url=https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:61995CJ0084&rid=1 |access-date=2 May 2022}}
Judicial career
= Court of First Instance =
Cooke became a judge of the Court of First Instance in 1996. He succeeded Donal Barrington as the Irish judge on the court.{{cite news |title=Barrington for Supreme Court |url=https://www.irishtimes.com/news/barrington-for-supreme-court-1.20479 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} His term was renewed in 2001 and he concluded his term early in September 2008.{{cite web |title=Curia - CP0136en |url=https://curia.europa.eu/en/actu/communiques/cp01/info/cp0136en.htm |website=curia.europa.eu |access-date=2 May 2022}} He was the judge-rapporteur in Microsoft Corp. v. Commission.{{cite web |title=Microsoft Corp. v. Commission (2007) T-201/04 |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:62004TJ0201 |access-date=2 May 2022}}
= High Court =
He was appointed to the High Court in November 2008.{{cite web |title=No. 98 – 1451 |url=https://www.irisoifigiuil.ie/archive/2008/december/Ir0512081.PDF |publisher=Iris Oifigiúil |access-date=2 May 2022 |date=5 December 2008}} He heard numerous cases involving asylum law while serving on the court.{{cite news |last1=McEnroe |first1=Juno |title='Very well-respected judge' with 50 years experience |url=https://www.irishexaminer.com/news/arid-20259359.html |access-date=2 May 2022 |work=Irish Examiner |date=20 February 2014 |language=en}}{{cite news |title='I'm scared ... but I can't bear to be parted from Abigail' |url=https://www.irishtimes.com/life-and-style/people/i-m-scared-but-i-can-t-bear-to-be-parted-from-abigail-1.685341 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} He heard cases involving judicial review, competition law, injunctions, and insolvency law.{{cite news |last1=Carolan |first1=Mary |title=Court rejects challenge to natural gas transmission network charges |url=https://www.irishtimes.com/news/crime-and-law/courts/court-rejects-challenge-to-natural-gas-transmission-network-charges-1.1624453 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}}{{cite news |last1=Carolan |first1=Mary |title=IMO agrees to withdraw from GP fee cut protest |url=https://www.irishtimes.com/news/crime-and-law/courts/imo-agrees-to-withdraw-from-gp-fee-cut-protest-1.1473074 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}}{{cite news |title=Boxer appeals omission from squad |url=https://www.irishtimes.com/news/boxer-appeals-omission-from-squad-1.882091 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}}{{cite news |last1=Carolan |first1=Mary |title=Liquidator appointed to Zoe firms |url=https://www.irishtimes.com/news/liquidator-appointed-to-zoe-firms-1.847695 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} He approved the appointment of two provisional examiners to the QUINN group in March 2010.{{cite news |title=Administrators for Quinn firms |url=https://www.irishtimes.com/news/administrators-for-quinn-firms-1.855446 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} He presided in hearings related to the bankruptcy of Seán Dunne.{{cite news |last1=O'Faolain |first1=Aodhan |title=House raid items not owned by Sean Dunne will be returned, court told |url=https://www.irishtimes.com/business/commercial-property/house-raid-items-not-owned-by-sean-dunne-will-be-returned-court-told-1.1622404 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} His judgment in Lofinmakin v. Minister for Justice was upheld by the Supreme Court of Ireland.{{cite web |title=Lofinmakin (a minor) & ors v Minister for Justice Equality & Law Reform [2013] IESC 49 (20 November 2013) |url=https://www.bailii.org/ie/cases/IESC/2013/S49.html |access-date=2 May 2022}}
Cooke was appointed to chair the Constituency Commission in 2011, which produced reports to the Oireachtas in 2012 and 2013.{{cite web |title=Commission to review Dáil and European Constituencies Established |url=http://www.constituency-commission.ie/docs/Press2011open.pdf |access-date=2 May 2022}}{{cite news |title=CONSTITUENCY COMMISSION REPORT 2012 |url=http://www.constituency-commission.ie/docs/PressRelease2012.pdf |access-date=2 May 2022}}{{cite web |title=REPORT ON EUROPEAN PARLIAMENT CONSTITUENCIES 2013 |url=https://www.constituency-commission.ie/ep/docs/report-on-european-parliament-constituencies-2013.pdf |access-date=2 May 2022}}{{cite news |title=Commission Report Team Members |url=https://www.irishtimes.com/news/commission-report-team-members-1.1067883 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} The 2012 report recommended reducing the number of members of Dáil Éireann by eight.{{cite news |last1=Collins |first1=Stephen |title=Number of TDs to be cut by eight in commission proposal |url=https://www.irishtimes.com/news/number-of-tds-to-be-cut-by-eight-in-commission-proposal-1.523726 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}}
He retired in December 2013.{{cite news |last1=Mac Cormaic |first1=Ruadhán |title=Courts face 'upheaval' over key judicial vacancies |url=https://www.irishtimes.com/news/crime-and-law/courts-face-upheaval-over-key-judicial-vacancies-1.1648903 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}}{{cite news |title=Ten judges to retire before 70pc pension super tax kicks in |url=https://www.independent.ie/irish-news/ten-judges-to-retire-before-70pc-pension-super-tax-kicks-in-29857501.html |access-date=2 May 2022 |work=Irish Independent |language=en}}
Later career
Cooke chaired an inquiry from June 2014 into allegations of surveillance of the Garda Síochána Ombudsman Commission.{{cite news |last1=Ó Caollaí |first1=Éanna |last2=McGee |first2=Harry |title=Retired High Court judge appointed to GSOC inquiry |url=https://www.irishtimes.com/news/politics/retired-high-court-judge-appointed-to-gsoc-inquiry-1.1697645 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}} His report found no evidence of bugging.{{cite news |title=Cooke report finds no evidence of bugging of GSOC |url=https://www.irishexaminer.com/news/arid-30633061.html |access-date=2 May 2022 |work=Irish Examiner |date=10 June 2014 |language=en}} He was appointed chair of the Irish Financial Services Appeals Tribunal in 2015, with his term renewed in 2020.{{cite web |title=IFSAT Annual Report 2015 |url=https://www.ifsat.ie/downloads/IFSAT-Report-2015.pdf |access-date=2 May 2022}}{{cite web |title=IFSAT Annual Report 2020 |url=https://opac.oireachtas.ie/Data/Library3/Documents%20Laid/2021/pdf/DOFdocslaid150421a_150421_124808.pdf |access-date=2 May 2022}} 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.{{cite news |last1=McConnell |first1=Daniel |title=Costs for State inquiry into Nama's Project Eagle sale top €3.1m |url=https://www.irishexaminer.com/news/politics/arid-40251233.html |access-date=2 May 2022 |work=Irish Examiner |date=25 March 2021 |language=en}} The timeframe to report was extended to June 2022 in March 2022.{{cite web |title=NAMA Commission of Investigation - publication of Thirteenth Interim Report and statement |url=https://www.gov.ie/en/publication/10557-test/ |website=www.gov.ie |access-date=2 May 2022 |language=en}}
He acted for the Irish government in relation to the Ireland v Commission case.{{cite news |last1=Foxe |first1=Ken |title=Apple tax case: Four individual lawyers paid over €500,000 each |url=https://www.irishtimes.com/business/technology/apple-tax-case-four-individual-lawyers-paid-over-500-000-each-1.4268892 |access-date=2 May 2022 |newspaper=The Irish Times |language=en}}
Personal life
He was married to Sally and had two children. He died in April 2022, aged 78.{{cite news |last= Carolan |first= Mary |date= 3 May 2022 |title= Judge John Cooke an 'exceptional man' who never lost sense of fairness, funeral told |url= https://www.irishtimes.com/news/crime-and-law/judge-john-cooke-an-exceptional-man-who-never-lost-sense-of-fairness-funeral-told-1.4868437 |newspaper= The Irish Times |access-date= 6 May 2022 |quote= Judge Cooke (78) who had cancer, died at St Vincent’s Private Hospital in Dublin on Friday. His sister Eleanor predeceased him last October.}}