Judge Bernard Barton
Former High Court judge Mr Bernand Barton has passed away after a short illness.
A graduate of University College Dublin Mr Barton was called to the Bar in 1977 after giving up a job in his father’s luxury car business. He became a senior counsel in 1997.
As a barrister he practised in torts, contracts and personal injuries and was counsel for the Transfusion Positive group at the 1997 public inquiry into the infection of people with Hepatitis C and HIV as a result of contaminated blood products.
A somewhat reluctant judge, he told Mark Tottenham and Peter Leonard’s Fifth Court podcast: “I had no interest or ambition to become a judge at all.” He had applied in 2006 but was unsuccessful and was, by his own account, “delighted to be back at the Bar”.
He was appointed to the High Court in April of 2014 and this time, he told the Fifth Court he loved it. He heard a number of notable defamation cases and took over the High Court civil jury list in 2020.
He retired from the judiciary in March 2021.
In his retirement remained an advocate for juries and was critical of, then proposed, removal of juries from defamation cases. As a junior counsel he had closed for the defence in one of the last jury-based tort trials to be heard in Dundalk.
In 2023 he made a submission to the Oireactas Joint Committee on Justice stating that the removal of the right to trial by jury was “inherently undemocratic” and a “far-reaching and fundamental alteration” of the law.
Mr Barton is fondly remembered by many of his former colleagues at the Bar.
He is survived by his wife, Anne Marie, his children Jenny, Robert, Peter and Emily and his brothers Philip, John, Arthur, Richard and Paddy.
Mr Barton will be reposing in Fanagans Carnegies Funeral Home, Monkstown, A94XK28 on Monday 10 August from 5pm to 7pm. Funeral Mass will take place on Tuesday 11 August at 10am in St. Joseph’s Church, Glasthule followed by burial in Glann Cemetery, Oughterard, Galway, arriving at 5pm. As Bernard was a colourful person the family have requested that those attending the funeral wear something bright.
For those who cannot attend, the Mass can be viewed online.

