Garrett Simons

Garrett Simons is an Irish lawyer who has been a Judge of the High Court since November 2018. He formerly practised as a barrister, specialising in environmental and planning law.

The Hon. Mr. Justice

Garrett Simons
Judge of the High Court
Assumed office
13 November 2018
Nominated byGovernment of Ireland
Appointed byMichael D. Higgins
Personal details
NationalityIrish
Alma mater

Early life

Simons attended Trinity College Dublin where he studied law and received an LLB in 1992. He developed an interest in environmental law during his studies.[1] He was subsequently educated at the King's Inns.[2]

He was called to the Bar in 1996 and became a Senior Counsel in 2007.[2] Prior to commencing practice as a barrister, he worked at the High Court and the Supreme Court of Ireland as a research assistant.[3]

His practice was focused on Public Administration Law and Immigration Law.[2] He represented Ireland in the European Court of Justice in 2008 in a failure to fulfil obligations case taken by the European Commission.[4] He appeared for Ian Bailey, a suspect in the death of Sophie Toscan du Plantier, in extradition proceedings initiated by France.[5]

He appeared for Michael Bailey and Bovale Developments at the Planning Tribunal.[6] He represented U2 and Seán Dunne in separate disputes against the Dublin Docklands Development Authority.[7][8]

He provided legal advice to Irish Water in 2016 which said Ireland would not be able to abolish water charges due to the Water Framework Directive.[9]

In addition to his legal practice, Simons wrote an academic text Planning and Development Law[10] and was on the Editorial Board of the Irish Law Reports Monthly.[2] He has lectured at Trinity College Dublin and the King's Inns.[11]

In response to a query from The Irish Times in 2011, he advocated for the formation of barristers' chambers in Ireland, as opposed to the current system of sole practitioners.[12]

Judicial career

Simons became a High Court judge in November 2018.[13]

In the High Court, he has heard cases involving company law,[14] EU citizenship law,[15] injunctions,[16] planning and environmental law,[17] the Hague Convention,[18] judicial review,[19] personal injuries,[20] orders for possession,[21] and insolvency law.[22] In 2019, he set aside regulations which permitted the industrial extraction of peat from bogs, as the regulations were inconsistent with the Habitats Directive and Directives on Environmental impact assessment.[23]

In June 2020, he issued a judgment which ruled that Chapter 3 of the Industrial Relations (Amendment) Act 2015 was unconstitutional as it conferred too broad discretion on the Minister for Business, Enterprise and Innovation. This had the effect of invalidating Sectoral Employment Orders which applied to workers in certain sectors.[24] The decision led to Bríd Smith TD to describe the decision as a "declaration of war" and said that Simons was "right-wing" and "upper class".[25] Her remarks were condemned by the Minister for Justice and Equality Charles Flanagan,[26] President of the Association of Judges of Ireland and High Court judge David Barniville,[25] the President of the Law Society of Ireland,[27] and the chairman of the Bar Council.[28] Smith defended her remarks and said the reaction was "hysterical".[29]

References
  1. "Graduate Profile" (PDF). TCD.ie. Retrieved 26 June 2020.
  2. "Appointments to the High Court, Circuit Court and District Court". merrionstreet.ie. Retrieved 26 June 2020.
  3. "Constitutional Law: An Update" (PDF). UCD. Retrieved 26 June 2020.
  4. Commission v Ireland, Case C-215/06 (ECJ 3 July 2008).
  5. Giblin, Ruaidhrí. "Minister for Justice is 'insulting Irish courts' in Ian Bailey extradition case, lawyers say". TheJournal.ie. Retrieved 26 June 2020.
  6. "Planning tribunal representation". The Irish Times. Retrieved 26 June 2020.
  7. Newman, Christine. "U2 change position in studio dispute". The Irish Times. Retrieved 26 June 2020.
  8. Carolan, Mary. "Dunne in legal challenge to docklands development". The Irish Times. Retrieved 26 June 2020.
  9. Beesley, Arthur. "Water charges irreversible in EU law, say lawyers". The Irish Times. Retrieved 27 June 2020.
  10. Simons, Garrett. Planning and development law (03 ed.). Round Hall Ltd. ISBN 9781858006895.
  11. "Intensive Course on Planning Law". TCD.ie. Retrieved 26 June 2020.
  12. "Barristers face costs, equity and access issues". The Irish Times. Retrieved 26 June 2020.
  13. "Diary President Appoints Judges To The Court Of Appeal And The High Court2". president.ie. Retrieved 26 June 2020.
  14. "October High Court hearing for Leslie Buckley's bid to remove INM inspectors". independent. Retrieved 26 June 2020.
  15. McCárthaigh, Seán. "Dependents of EU citizens entitled to claim social welfare benefits, High Court rules". TheJournal.ie. Retrieved 27 June 2020.
  16. "Listoke Distillery and its MD to go to mediation in row over her suspension". independent. Retrieved 27 June 2020.
  17. "High Court: Only planning decision-maker under Planning and Development Act 2000 can apply for stay". Irish Legal News. Retrieved 27 June 2020.
  18. "High Court: Hague Convention return of a child refused". Irish Legal News. Retrieved 27 June 2020.
  19. "Judge says 22-month delay not enough to stop robbery case against 19-year-old". www.irishexaminer.com. 26 May 2020. Retrieved 27 June 2020.
  20. "High Court: Girl granted order rejecting €21K damages assessment made by PIAB". Irish Legal News. Retrieved 27 June 2020.
  21. "High Court: Order for possession of property mortgaged under 'lifetime loan' not statute-barred". Irish Legal News. Retrieved 27 June 2020.
  22. "Interim examiner appointed to CityJet". RTÉ News. 17 April 2020. Retrieved 27 June 2020.
  23. "Environmental group wins landmark case over large-scale peat extraction". Breaking News. 20 September 2019. Retrieved 27 June 2020.
  24. "Court strikes down law on minimum pay for electricians". Irish Independent. Retrieved 26 June 2020.
  25. "Judges and lawyers rally in defence of High Court judge". Irish Legal News. Retrieved 26 June 2020.
  26. O'Donnell, Orla (25 June 2020). "Calls for appropriate steps over Smith remarks on judge". RTÉ News. Retrieved 26 June 2020.
  27. "Law Society calls TD's comments 'shocking'". www.lawsociety.ie. Retrieved 26 June 2020.
  28. "ATTACKS ON OUR JUDICIARY IS AN ATTACK ON OUR DEMOCRACY". lawlibrary.ie. Retrieved 26 June 2020.
  29. O'Donnell, Orla (26 June 2020). "Smith says reaction to comments 'hysterical'". RTÉ News. Retrieved 26 June 2020.
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