Judgment will make retired Judge ‘very happy’

Barry White, 71, raised an action to resume practice as a criminal defence barrister after his time on the bench. Mr Justice Max Barrett suggested that the outcome would favour Mr White’s action upon concluding a four day court hearing.

In 2014 Mr White retired as a High Court Judge after holding the post for 12 years. His action held that his constitutional rights to work and earn a livelihood was breached by a bar council rule and the strict application of that rule by the Minister of Justice, which excluded him from the panel of barristers eligible for criminal legal aid work.

He is seeking damages for the breaches and aims to be allowed to resume a career in criminal defence.

The bar council rule prohibits a judge from resuming practice in a court equal to, or lower than, where he presided. In this case, Mr White would not be permitted to practice in the criminal courts, confining him to the Court of Appeal and the Supreme Court.

The rule is implemented as it is assumed that judges in lower courts would be “so overborne” by having a former High Court judge making arguments to them they could not make an objective decision.

Closing arguments saw senior counsel Cian Ferriter, for Mr White, reject arguments that the perception of a fair administration of justice would be adversely affected should Mr White resume practise in the criminal courts.

Mr White, claimed that he needs to return to work in order to support the needs of his family, as his pension, which has suffered cuts of around 38 per cent is not adequate in doing so.