Fitzgerald could appeal ruling that paved way for retired judge to return to practise

Justice Minister Frances Fitzgerald is considering an appeal against the High Court’s ruling that retired judge Barry White can resume practising as a barrister.

According to The Irish Times, Ms Fitzgerald’s barrister Eoghan Fitzsimons SC told the High Court yesterday that she “has to consider whether she will appeal” the decision.

He made the remarks to Mr Justice Max Barrett at a costs hearing.

A number of Irish barristers have expressed misgivings over the decision, with one claiming the situation is “like the school principal is now sitting next to you in class”.

Mr Justice Barrett has said he is prepared to grant a stay on the order pending a ruling on costs, which will not take place until the Autumn.

John Rogers SC, acting for Mr White, has asked for an immediate order and is seeking the costs of the legal challenge.