Brian Murray (judge)

Brian R. Murray is an Irish lawyer who is a judge of the Supreme Court. He was a judge of the Court of Appeal between November 2019 and February 2022. He worked as a barrister practicing in public and commercial law prior to becoming a judge.

The Hon. Mr. Justice
Brian Murray
Judge of the Supreme Court of Ireland
Assumed office
21 February 2022
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
Judge of the Court of Appeal
In office
4 November 2019 – 21 February 2022
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
Personal details
NationalityIrish
Alma mater

Early life

Murray received a BA degree from Trinity College Dublin and completed an LLM at the University of Cambridge.[1][2] He won the Irish Times Debate in 1984 for the College Historical Society.[3] He subsequently attended the King's Inns. He was called to the Bar in 1989 and became a senior counsel in 2002.[4]

Murray practised in the areas of constitutional and commercial law.[5] He represented the State in 2005 in defending a judicial review case taken by the former judge Brian Curtin.[6] He has also appeared for the State and the Data Protection Commissioner in defending actions launched by Max Schrems,[7][8] the Office of the Director of Corporate Enforcement in a case against Independent News & Media and the Irish Bank Resolution Corporation against members of the Seán Quinn family.[9][10] He represented Bertie Ahern in the High Court against the Mahon Tribunal in 2008.[11]

He has acted for the State in a first instance hearing taken by Graham Dwyer, the man convicted of the murder of Elaine O'Hara, in the High Court, regarding the applicability of the Data Retention Directive in Irish law.[12] In addition to appearing in the Irish courts, Murray has also acted as counsel for Ireland in the two EU courts, the General Court and the Court of Justice.[13][14] He acted for Ireland in Ireland v Commission.[15]

He taught jurisprudence at Trinity College Dublin from 1986 to 1987 and again between 1988 and 1989, and subsequently lectured in Company Law between 1989 and 2003.[2] He also lectured at the King's Inns.[4]

He provided advice on the law of abortion at a meeting of the Citizens' Assembly in March 2017, which made recommendations which ultimately resulted in the Thirty-sixth Amendment of the Constitution of Ireland.[16]

Judicial career

Court of Appeal

Following the enactment of legislation to increase the number of judges of the Court of Appeal in 2019, Murray was appointed a judge of the Court of Appeal in November 2019.[17][18] He has occasionally acted as a judge of the High Court.[19]

Murray has written judgments for the Court of Appeal in the areas of judicial review, enforcement of debt, insolvency law, the proceeds of crime, media law, tax law, the law of tort, military law, contract law, and civil procedure.[20][21][22][23][24][25][26][27][28][29]

Supreme Court

Murray was nominated to the Supreme Court of Ireland in January 2022.[5][30] His appointment was made in February 2022.[31]

References
  1. "Mr BRIAN R MURRAY". Law Library. Archived from the original on 19 November 2007. Retrieved 28 February 2022.
  2. "Public Procurement Litigation: Practice and Procedure". TCD.ie. Archived from the original on 18 July 2020. Retrieved 7 May 2020.
  3. "Ireland's debt to the Irish Times Debate". The Irish Times. 17 February 1998. Archived from the original on 22 September 2021. Retrieved 7 May 2020.
  4. "Appointments to the Court of Appeal". The Department of Justice and Equality. Archived from the original on 17 December 2019. Retrieved 7 May 2020.
  5. Carolan, Mary (26 January 2022). "Justice Brian Murray nominated for appointment to Supreme Court". The Irish Times. Retrieved 26 January 2022.
  6. "Curtin claims on constitutional rights do not stand up, court told". The Irish Times. 10 March 2005. Archived from the original on 22 September 2021. Retrieved 7 May 2020.
  7. "Max Schrems data case runs up legal bill of €1.3m". www.irishexaminer.com. 16 January 2018. Archived from the original on 20 January 2018. Retrieved 7 May 2020.
  8. "Transcripts of the substantive hearing before the Irish High Court in the Litigation concerning Standard Contractual Clauses". Data Protection Commission. Retrieved 7 May 2020.
  9. O'Donnell, Orla (10 May 2018). "Judge reserves decision in INM inspectors challenge". RTÉ News. Archived from the original on 16 November 2019. Retrieved 7 May 2020.
  10. "Quinn children claim 'undue influence' by their father". RTÉ News. 22 March 2019. Archived from the original on 21 January 2021. Retrieved 7 May 2020.
  11. Carolan, Mary. "Taoiseach cannot be questioned about statements made in Dáil". The Irish Times. Archived from the original on 22 September 2021. Retrieved 5 July 2020.
  12. O'Donnell, Orla (20 December 2018). "Phone data applications not processed since Dywer case". RTÉ News. Archived from the original on 18 June 2019. Retrieved 7 May 2020.
  13. Commission v Ireland, Case C-427/17 (28 March 2019).
  14. Minister for Justice and Equality v Workplace Relations Commission, Case C‑378/17 (4 December 2018).
  15. Foxe, Ken. "Apple tax case: Four individual lawyers paid over €500,000 each". The Irish Times. Retrieved 25 January 2022.
  16. Duffy, Rónán. "Citizens' Assembly told repealing the Eighth doesn't necessarily mean a right to abortion". TheJournal.ie. Archived from the original on 19 September 2020. Retrieved 7 May 2020.
  17. "Seven new judges nominated to Court of Appeal after criticism from Chief Justice". Irish Independent. Archived from the original on 8 December 2019. Retrieved 7 May 2020.
  18. "Diary President Appoints Judges To The Court Of Appeal". president.ie. Archived from the original on 3 December 2019. Retrieved 7 May 2020.
  19. "Former investment firm employee claims 'sham' redundancy in profit-share row". Breaking News. 30 April 2020. Archived from the original on 6 May 2020. Retrieved 7 May 2020.
  20. Curran, Ian. "'I'm not sure my friends can afford it': International students face hike in health insurance costs". TheJournal.ie. Retrieved 25 January 2022.
  21. "Recruiter wins €750,000 case against nursing homes". The Irish Times. 25 January 2022. Retrieved 25 January 2022.
  22. Tighe, Mark. "Fresh legal action by PPF Capital Source director after annulled liquidation". The Times. Retrieved 25 January 2022.
  23. O’Loughlin, Ann (16 July 2021). "Man fails to have ruling that homes were bought with proceeds of crime struck down". Irish Examiner. Retrieved 25 January 2022.
  24. Brennan, Declan (23 January 2020). "Judge dismisses appeal against gagging order on media over sex offender". Irish Examiner. Retrieved 25 January 2022.
  25. Carolan, Mary. "Revenue wins appeal relating to €536,000 tax assessment". The Irish Times. Retrieved 25 January 2022.
  26. "Court of Appeal: €7,500 award for false imprisonment upheld against gardaí". Irish Legal News. Retrieved 25 January 2022.
  27. "Corporal fined €300 over refusal to move car appeals insubordination conviction". The Irish Times. Retrieved 25 January 2022.
  28. "Businessman loses appeal over buying of manor house". The Irish Times. Retrieved 25 January 2022.
  29. "Horse racing body doesn't have to put up €300,000 security over appeal of defamation ruling". independent. Retrieved 25 January 2022.
  30. Hurley, Sandra (25 January 2022). "Brian Murray nominated for appointment to Supreme Court". Retrieved 25 January 2022.
  31. "President Appoints Judges To The Supreme Court And The High Court February 2022". president.ie. Retrieved 21 February 2022.
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