Jerry Beades challenges nomination of Justice Peter Kelly as next High Court president

Daniel McConnell Political Editor

Developer and New Land League campaigner Jerry Beades has launched a legal challenge against the Government’s nomination of Justice Peter Kelly as the next president of the High Court.

In proceedings lodged in the Central Office of the High Court, Mr Beades is seeking various High Court orders and declarations arising from the intended appointment of Justice Kelly to the position of president of the High Court.

Mr Beades, who is a former member of the Fianna Fail National Executive, alleges Justice Kelly is not an appropriate appointment to the role.

According to the papers, the action is against Ireland, the Attorney General, the Judicial Appointments Advisory Board and the Minister for Justice and Equality.

Justice Kelly is not a party to the action.

Justice Kelly was nominated by the Government on Tuesday and is due to be formally appointed next week.

It is not known whether Mr Beades will seek an injunction preventing Justice Kelly from taking up the position.

Mr Justice Kelly, who presided over the Commercial Court prior to his appointment to the Court of Appeal, is due to succeed Mr Justice Nicholas Kearns who sits for the final time as a judge of the superior courts on Friday.

Independent TD Mattie McGrath has called into question Justice Kelly's nomination.

He asked the Minister for Justice Frances Fitzgerald to confirm that all statutory obligations were fulfilled with respect to the appointment.

Mr McGrath was speaking after concerns were brought to his attention that the appointment may have breached the Courts and Court Officers Act, 1995.