Eulogy delivered by Deemster David Doyle on the 19 July 2010 in respect of John Michael Kerruish QC

News Publication Date: 21 July 2010

John Michael Kerruish QCJohn Michael Kerruish (or D1 as he was affectionately known, the First Deemster and Clerk of the Rolls- the Chief Justice of this Island) was born on the 2 November 1948 and died on 14 July 2010. He was the son of John Daniel and Olive Mona Kerruish. He was educated at Douglas High School for Boys and the University of London graduating with a law degree in 1971. From 1971 to 1973 he served in the Royal Air Force. In 1973 he married Marianne and they had two children Daniel and Summer. It was in 1976 that he was admitted as a solicitor of the Supreme Court of England and Wales and in 1981 he was admitted as an advocate of the Manx Bar. He served as the Attorney General of the Isle of Man from 1993 to 1998 and in March 1995 was appointed one of Her Majesty’s counsel. He served as Second Deemster from 1998 to 2003 and as First Deemster from 2003 until his death.

These bare recitals seem somewhat cold and overly formal. I want to endeavour to portray the real substance of this man and the great warmth that many people felt towards him. Words are so inadequate to describe Mike’s contributions as a human being, as a son, a husband, a father, a grandfather, an advocate, an attorney general, a Deemster, a deputy Governor, a friend and, not forgetting, a Laxey Bay New Year’s Day dipper.

Mike has given many people valuable support, good humour, wise and considered advice and opinion. He has impacted on those he has come into contact with in a warm and positive way. This is not mere hyperbole. It is fact and you know it. You know it because many of you here today have experienced it at first hand.

Deemster Kerruish had an overwhelming sense of public duty. He was an incredibly hard worker regularly working long hours. He had an unusual capacity for sustained hard work and he enjoyed it.

Deemster Kerruish achieved that rare distinction of keeping his independence and authority as a judge but also being immensely approachable and well liked by all sections of the community including the close compact community of dedicated court clerks and support staff we have here in this building.

His presence in court commanded the respect (and dare I say it, on occasions, the fear) of those who appeared before him whether as litigants in person or as counsel.

Deemster Kerruish was a considerate, understated and modest man. He really cared for all those who came before the courts whether they be unsuccessful defendants in criminal cases or successful people of commerce in high value civil cases. To Deemster Kerruish, as to all good judges, all litigants were to be treated equally and fairly. He was courteous to court users but firm in his control of his court.

Deemster Kerruish did expect and require, as all judges do, proper preparation and presentation by counsel and if such was not evident he was not slow to indicate judicial displeasure sometimes in robust terms in the hope that such indication would help raise the standards of advocacy in the future. He went to great pains to ensure fairness and a just result. He put very many hours into preparation and judgment writing.

Deemster Kerruish was well respected by fellow members of the judiciary both on and off the Island. Michael Birt the Bailiff ,the well regarded Chief Justice, of Jersey attended the Tynwald Day ceremony this year and at a gathering on the Monday evening spoke of Deemster Kerruish’s qualities as follows:

All of you in the Isle of Man do not need me to tell you what a special man he is and what an outstanding and devoted servant of your Island and its people he is. He is of course a superb lawyer and is well known for his hard work and integrity. But he is so much more than that. He is a man of great humanity as well as great humour. He is a larger than life character who can always be relied upon to raise one's spirits. He is indeed one of life's life enhancers. [the words of Michael Birt on Tynwald Day this year]

Deemster Kerruish keenly promoted cooperation between the judiciary of compact jurisdictions worldwide. He preferred the word compact to small such was his pride in this wonderful Island. He took an active part in the meetings of the Chief Justices of such jurisdictions one of which he hosted in the Isle of Man. His good humour, his roaring Manx laughter and his sound advice were always welcome.

Deemster Kerruish’s contribution to the administration of justice has been immense culminating in the comprehensive revision of the rules of the High Court with the introduction of the 2009 rules in September of last year.

Deemster Kerruish was also instrumental in the launch of Manx judgments online giving free access worldwide via the internet to our judgments. He had a real passion for procedural reform. The reforms he has introduced have greatly enhanced the standing of our legal system both on and off the Island.

Over and above his many judicial duties Deemster Kerruish also performed his duties as deputy Governor with dignity and enthusiasm.

Mike could not have achieved all that he did achieve without the love, support and encouragement of his family. The Island will forever be indebted to them for that love, support and encouragement and for permitting Mike to devote his life to public service.

There are two very contrasting images of Deemster Kerruish that I bring up in my mind. One is an image I see every day as I walk along the judicial corridor before I go into court. On the wall of that private corridor are images and photographs of Deemsters dating back to the 1700s although the first written reference is traced back to the early 1400s. Amongst those images is a photograph of Deemster Kerruish. It is an image of him in work mode- wig and gown, a stern and pensive look on his face ready for some real High Court action. That is an image that many people will recall when they remember Deemster Kerruish. There is also another image that many people will remember. It is a much less serious image. It is an image that appeared in the local newspapers. It captured his sense of fun and community involvement. It is a photograph of Mike in fancy dress with the remains of what appears to be custard pie on his face. He is emerging from the cold water in Laxey Bay following the 2008 New Year’s Day dip with a chilled smile on his face and a purposeful stride in his legs.

Two very contrasting images of a great man who has made a massive contribution to the Island. With Deemster Kerruish I am afraid that you genuinely do run out of superlatives.

I have had the privilege (and it was a real privilege) of working very closely with him for a significant period of time. People tend to bond closely when they face and overcome challenges together. Deemster Kerruish and I have faced many interesting judicial challenges. We were close judicial colleagues. I will miss him.

John Michael Kerruish excelled as an advocate, as a helpful, pragmatic and hard working Attorney General and as a fair and wise Deemster who modernised court procedures and gave greater access to Manx judgments worldwide. Most of all however Mike excelled as a caring, warm-hearted, down-to-earth, loving man. We will all miss him.

On behalf of the Manx judiciary and the Deemster’s staff I extend our most sincere and deepest sympathy to Mike’s family including his mother Olive, his wife Marianne, his children Daniel and Summer and to Mike’s wide circle of friends.

[David Doyle Her Majesty’s Second Deemster 19 July 2010]

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