Retired High Court judge allowed return to work as a barrister

Barry White claimed he must return to work as a barrister because of financial necessity

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A retired High Court judge has been allowed to return to work as a barrister.

Barry White brought the legal action over a rule preventing him from practicing in a court equal to or lower than the one he presided in.

Mr White, who is now 71, sat in the Central Criminal Court for a final time in September 2014 and because of the Bar Council rules, he was prevented from appearing before it as a barrister.

The rule would only allow him to practice in higher courts, such as the Court of Appeal or the Supreme Court.

He brought this action after claiming he must return to work as a barrister because of financial necessity.

He said his pension entitlements - which have been cut by over a third - weren’t enough to meet the needs of his family.

He earned a salary of between €145,000 and €240,000 during his 12 years as a judge and received a €250,000 lump sum on retirement.

The court heard he also inherited over €1m from his late mother’s estate.

Mr Justice Max Barrett ruled in his favour after deciding the rule was not a rule of law and effectively breached his constitutional right to earn a livelihood.