Christopher Palles

Chief Baron Christopher Palles.

Christopher Palles PC, QC (December 25, 1831 – February 14, 1920), was an Irish barrister and judge.

Biography

Palles was born on Christmas Day at Mount Palles, near Mountnugent, in south County Cavan, Ireland. He was the third son of Andrew C. Palles, a solicitor, and his wife Eleanor (born Plunkett).^[1] Palles was educated at Clongowes Wood College and Trinity College, Dublin (from where he graduated in 1852, having been a non-Foundation Scholar [Catholics were not allowed be full 'Scholars of the House'] in Mathematics and Physics), and he was called to the Irish Bar in 1853. He became Doctor of Laws and Queen's Counsel (Q.C.) in 1865. In 1872, he was briefly Solicitor General for Ireland.^[2] Appointed on February 6, 1872, he was succeeded by Hugh Law, November 18, 1872. Palles was appointed Attorney General for Ireland in that year and made a member of the Privy Council of Ireland.

He unsuccessfully contested the parliamentary constituency of Londonderry. In 1874 he was appointed to the bench, becoming Lord Chief Baron of the Exchequer.^[2] The Exchequer division was in 1898 merged in the Queen's Bench Division of the High Court of Justice in Ireland. From that time the Chief Baron sat as one of the judges of the Queen's Bench division, and also as a judge of appeal. Chief Baron Palles retired from the bench in 1916, by letter to Prime Minister H.H. Asquith who, with uncharacteristic lucidity and prescience, replied that for many years to come the words of 'Palles CB' would be cited with approval. He died in Dublin in 1920. A collection of Palles' papers is available at University College, Dublin (U.C.D.).

Palles married Ellen Doyle in 1862 and they had one son , also named Christopher. The family lived in Mountjoy Square (regarded as the most prestigious area in Dublin at the time), then moved out to Mount Anvil where they cultivated a peach orchard, and to Fitzwilliam Place where a town-brick neo-gothic oratory was added (and can still be seen from Leeson Street). In his lifetime he was considered the outstanding Irish judge of his age and has generally been similarly regarded ever since, though critics attacked his tendency to decide cases on technical points rather than the merits. Maurice Healy in his memoir The Old Munster Circuit paints an affectionate picture of Chief Baron Palles in old age as an awe-inspiring but kindly old judge; his manner and reputation could strike terror into young barristers, yet 'we were all devoted to him'. His (judicial) portrait still hangs in the Bencher's Room in the King's Inns. V.T.H. Delany wrote a comprehensive biography in the 1960's.

Legal citations

Palles' judgments are commonly cited to this day. Dillon v. O’Brien and Davis [1887] 20 LR IR 300 has been cited in Braddish -v- D.P.P. [2001] IESC 45^[3] and McGrath -v- DPP & Bowes -v- DPP [2003] IESC 9.^[4] Bell v. the Great Northern Railway Company of Ireland (1890) 26 LR Ir 428 was cited in Fletcher -v- Commissioner of Public Works in Ireland [2003] IESC 13.^[5] Herron -v- Rathmines and Rathgar Improvement Commissioners 27 LR Ir 179 was referred to in Crilly & Farrington -v- Eastern Health Board [2001] IESC 60.^[6] Williamson v. Rover Cycle Company (1901) 2 IR 615 was discussed by the Supreme Court in O'Mahony -v- Tyndale [2001] IESC 62.^[7] McGrath v Bourne (1876) I.R. 10 C.L. 160 was considered in Rossiter (A Minor) -v- Dun Laoghaire Rathdown County Council [2001] IESC 85^[8] and Gough -v- Neary [2003] IESC 39.^[9] Cox v. Dublin City Distillery (No. 2) [1915] 1 IR 345 was mentioned in Carroll -v- The Law Society of Ireland [2003] IESC 1.^[10] Palles C.B.'s "[f]amous" definition of "public bar" (deriving from Quinn v. Bourke [1906] 2 I.R. 94 at 97) was cited in Ampleforth Ltd t/a The Fitzwilliam Hotel -v- Cherating Ltd [2003] IESC 27. A case in which Palles C.B. was a member of the Irish Court of Appeal (The National Bank v. Cullen [1894] 2 I.R. 683) was cited in Smyth -v- Tunney [2004] IESC 24. Palles C.B.'s analysis of the case law relating to the part performance doctrine under the Statute of Frauds was mentioned in Dakota Packaging Ltd -v- AHP Manufacturing BV Trading As Wyeth Medica Ltd [2004] IESC 102.^[11]

On March 18, 2005, two judges of the High Court cited judgments of Palles C.B., in Mitchell v Ireland [2005] IEHC 102 (Cox v. Dublin City Distillery (No. 2) [1915] 1 I.R. 345)^[12] Honniball -v- Cunningham [2005] IEHC 91 (McDonagh v. Davis [1875] I.R. 9 CL 300) respectively.^[13] Hegarty v Shine 2 L.R.I. 273, and 4 L.R.I. 288 was cited by the President of the High Court in Anderson v Cooke [2005] IEHC 221.^[14] Keogh v. Dental Hospital [1910] I.R. at p. 166 was cited in Byrne & Anor v Radio Telefís Éireann [2006] IEHC 71. Stephenson v. Weir 4 LR. Ir. 369, decided in 1879, was referred to in December 2006 in Motor Insurers Bureau of Ireland -v- Hanley [2006] IEHC 405.^[15]

References

1. ^ Oxford DNB accessed 24 June 2008
2. ^ ^{a b} "Christopher Palles". Dictionary of Ulster Biography. http://www.ulsterbiography.co.uk/biogsP.htm. Retrieved 2008-06-24. 
3. ^ Braddish -v- D.P.P. & anor at www.courts.ie
4. ^ McGrath -v- DPP & Bowes -v- DPP at www.courts.ie
5. ^ Fletcher -v- Commissioner of Public Works in Ireland at www.courts.ie
6. ^ Crilly & Farrington -v- Eastern Health Board & ors at www.courts.ie
7. ^ O'Mahony -v- Tyndale & anor at www.courts.ie
8. ^ Rossiter (A Minor) -v- Dun Laoghaire Rathdown County Council at www.courts.ie
9. ^ Gough -v- Neary & anor at www.courts.ie
10. ^ Carroll & anor -v- Ryan & ors, Carroll -v- The Law Society of Ireland at www.courts.ie
11. ^ Dakota Packaging Ltd -v- AHP Manufacturing BV Trading As Wyeth Medica Ltd at www.courts.ie
12. ^ Mitchell v Ireland & Ors at www.courts.ie
13. ^ Honniball -v- Cunningham at www.courts.ie
14. ^ Anderson v Cooke & Anor at www.courts.ie
15. ^ Motor Insurers Bureau of Ireland -v- Hanley at www.courts.ie

External links

• Palles papers

Legal offices
Preceded by Richard Dowse	Solicitor General for Ireland 1872	Succeeded by Hugh Law
	Attorney General for Ireland 1872–1873

Persondata
Name	Palles, Christopher
Alternative names
Short description
Date of birth	December 25, 1831
Place of birth
Date of death	February 14, 1920
Place of death