Brenda Hale, Baroness Hale of Richmond

Last updated

John Hoggett
​
​
(m. 1968;div. 1992)​
  • Julian Farrand
    ​
    ​
    (m. 1992;died 2020)​
    • The Right Honourable
    The Baroness Hale of Richmond
    DBE PC FBA
    Official portrait of Baroness Hale of Richmond crop 2, 2024.jpg
    Official portrait, 2024
    President of the Supreme Court of the United Kingdom
    In office
    5 September 2017 –11 January 2020
    Preceded by The Lord Neuberger of Abbotsbury
    Succeeded by The Lord Reed of Allermuir
    Children Julia Hoggett
    Alma mater Girton College, Cambridge
    Chinese name
    Chinese 何 熙 怡
    Transcriptions
    Yue: Cantonese
    Yale Romanization Hòh Hēi Yìh
    Jyutping Ho4 Hei1 Ji4

    Brenda Marjorie Hale, Baroness Hale of Richmond, DBE , PC , FBA (born 31 January 1945), is a British judge who served as President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020. [1]

    Contents

    In 2004, she joined the House of Lords as a Lord of Appeal in Ordinary. She is the only woman to have been appointed to that position. She served as a Law Lord until 2009 when she, along with the other Law Lords, transferred to the new Supreme Court as a result of the Constitutional Reform Act 2005. She served as Deputy President of the Supreme Court from 2013 to 2017.

    On 5 September 2017, Lady Hale was appointed under the premiership of Theresa May to serve as President of the Supreme Court, and was sworn in on 2 October 2017. She was the third person and first woman to serve in the role. Lady Hale is one of five women to have been appointed to the Supreme Court (alongside Lady Black of Derwent, Lady Arden of Heswall, Lady Rose of Colmworth and Lady Simler).

    Lady Hale became a non-permanent judge of the Court of Final Appeal of Hong Kong in 2018. In June 2021, she announced her decision not to seek reappointment on the Hong Kong court after the end of her term in July, mentioning the impact of the controversial Hong Kong national security law. [2] She was the first senior British judge to withdraw from Hong Kong's top court after the enactment of the security law in 2020.

    In 2019, Lady Hale was appointed an Honorary Professor of Law at University College London. Hale has also been Honorary President of the Cambridge University Law Society since 2015. [3]

    On 11 January 2020, Lady Hale was succeeded by Lord Reed as President of the Supreme Court. [4] In 2021, Hale became an honorary fellow of Mansfield College, Oxford. [5]

    Early life

    Brenda Marjorie Hale [6] was born on 31 January 1945 in Leeds, West Riding of Yorkshire. Both her parents were headteachers. She has two sisters. Hale lived in Redcar until the age of three when she moved with her parents to Richmond, North Yorkshire. She was educated at the Richmond High School for Girls (now part of Richmond School), where she and her two sisters were all head girls. [7] She later studied at Girton College, Cambridge (the first from her school to attend Cambridge), where she read law. Hale was one of six women in her class, which had 110 men, and graduated with a starred first and top of her class in 1966. [8] [9]

    After becoming an assistant law lecturer at the Victoria University of Manchester (now the University of Manchester) in 1966 and lecturer in 1968, she was called to the Bar by Gray's Inn in 1969, topping the list in the bar finals for that year. [8] [9] [10]

    Working part-time as a barrister, Hale spent 18 years mostly in academia, becoming Reader in 1981 and Professor of Law at Manchester in 1986. [10] Two years earlier, she became the first woman and youngest person to be appointed to the Law Commission, overseeing a number of important reforms [11] in family law during her nine years with the commission. In 1989, she was appointed Queen's Counsel. [8]

    Judicial career

    Lady Hale was appointed a recorder (a part-time circuit judge) in 1989, and in 1994 became a judge in the Family Division of the High Court of Justice (styled The Honourable Mrs Justice Hale). [8] Upon her appointment, as is convention, she was appointed a Dame Commander of the Order of the British Empire (DBE). In 1999, Lady Hale followed Dame Elizabeth Butler-Sloss to become only the second woman to be appointed to the Court of Appeal (styled thereafter The Right Honourable Lady Justice Hale), entering the Privy Council at the same time. [12]

    On 12 January 2004, she was appointed the first female Lord of Appeal in Ordinary and was created a life peer as Baroness Hale of Richmond, of Easby in the County of North Yorkshire. [13] [14] She sat in the House of Lords as a Crossbencher. [15]

    In June 2013, she was appointed Deputy President of the Supreme Court of the United Kingdom to succeed Lord Hope of Craighead. [14] In July 2017, she was appointed to be the next President of the Supreme Court, succeeding Lord Neuberger of Abbotsbury. [16] She took office in September 2017. [17]

    In December 2018, during an interview to mark the centenary of the Sex Disqualification (Removal) Act 1919, Lady Hale argued that the judiciary needed to become more diverse so that the public have greater confidence in judges. Hale called for a more balanced gender representation on the UK's highest court and swifter progress promoting those from minority ethnic backgrounds and with "less privileged lives". However, Lady Hale objected to the idea of positive discrimination because "no one wants to feel they have got the job in any way other than on their own merits". [18]

    In September 2019, Prime Minister Boris Johnson prorogued Parliament over Brexit. As President of the Supreme Court of the United Kingdom, Lady Hale along with all 11 other Justices of the Supreme Court, unanimously found that Johnson's prorogation was unlawful, terminating the suspension of Parliament. [19] Hale described the ruling as "a source of, not pride, but satisfaction." [20] In 2020, reaching the mandatory retirement age, Lady Hale retired from the court. [21]

    Hong Kong judgeship

    On 21 March 2018, the Hong Kong judiciary announced her nomination as a non-permanent judge from other common law jurisdictions of the Court of Final Appeal. Her appointment was accompanied by the appointments of Andrew Cheung and Beverley McLachlin. [22] The appointment was gazetted by the Chief Executive of Hong Kong Carrie Lam and took effect 30 July 2018 for a three-year term. [23]

    In October 2020, after China imposing a controversial national security law on Hong Kong, Lady Hale expressed her concerns about hearing cases in Hong Kong: "I have never sat and it has not been arranged at least for me to sit . . . when that happened I would have a serious moral question to ask myself." [24]

    In June 2021, she revealed her wish of not wanting to be reappointed as a judge in Hong Kong after her three-year term ending in July. As she was making her decision known before a webinar, she also mentioned the impact of the security law and said, 'The jury is out on how they will be able to operate the new national security law. There are all sorts of question marks up in the air.' [25] However, the Hong Kong Judiciary claimed that her leaving was for personal reasons. [26] [27]

    Lady Hale became the first senior British judge to quit Hong Kong's top court after her fellow judge, Australian James Spigelman, resigned as a Hong Kong judge in November 2020. [28]

    House of Lords

    Lady Hale became a member of the House of Lords following her appointment as a law lord, [13] and was introduced to the Lords on 12 January 2004. [29]

    In September 2023, Lady Hale was identified by The Guardian as one of eleven peers who had not sworn or affirmed the oath of allegiance to King Charles III and could not sit or vote in the House of Lords until they had done so. [30] Describing her appointment as a law lord, Hale stated: "I do not accept that I have neglected any 'duties' because I was not appointed as a parliamentarian", and planned to "play a modest part" in the Lords, having retired from judicial office. [30] She made her maiden speech on 23 November 2023, citing "the disruption caused by Covid and [her] own diffidence about whether [she] could make a useful contribution" for not having participated in parliamentary debates since her retirement as a judge. [31]

    Significant lectures

    On 27 June 2011, Lady Hale gave a lecture in memory of Sir Henry Hodge, "Equal Access to Justice in the Big Society" in which she explains the benefits of an inquisitorial Tribunal system over adversarial proceedings. [32]

    On 10 September 2015, Lady Hale delivered the Caldwell Public Lecture at the University of Melbourne, Australia, on the topic "Protecting Human Rights in the UK Courts: What are we doing wrong?". [33]

    On 2 November 2018, Lady Hale delivered an SLS Centenary Lecture at the University of Essex, United Kingdom, on the topic of "All Human Beings? Reflection on the 70th Anniversary of the Universal Declaration of Human Rights".

    On 7 March 2019, Lady Hale delivered the University of Cambridge Freshfields law lecture, which she entitled "Principle and Pragmatism in Developing Private Law". [34]

    In a 2019 Girton College lecture entitled "100 Years of Women in Law", [35] [36] Lady Hale described the "Brenda Agenda" (a neologism coined by her Supreme Court colleague Lord Hope) as "quite simply, the belief that women are equal to men and should enjoy the same rights and freedoms that they do; but that women's lives are necessarily sometimes different from men's and the experience of leading those lives is just as valid and important in shaping the law as is the experience of men's lives." [37]

    In June 2024, Lady Hale lectured a large audience at Conway Hall organised by Humanists UK and My Death, My Decision, in which she referred to the law preventing medically assisted euthanasia (assisted dying) as "cruel". This was her first public intervention on the subject since she gave a dissenting opinion in support of the claimant in R (Nicklinson) v Ministry of Justice a decade previously. [38] [39]

    Honours

    Commonwealth honours

    CountryDateAppointmentPost-nominal letters
    Flag of the United Kingdom.svg United Kingdom1989 –Present Queen's Counsel (1989 – 8 September 2022) / King's Counsel (since 8 September 2022)QC / KC
    Flag of the United Kingdom.svg United Kingdom1994 –Present Dame Commander of the Order of the British Empire DBE
    Flag of the United Kingdom.svg United Kingdom1999 –Present Member of Her Majesty's Most Honourable Privy Council (1999 – 8 September 2022) / Member of His Majesty’s Most Honourable Privy Council (since 8 September 2022)PC

    Scholastic

    University degrees
    LocationDateSchoolDegree
    Flag of England.svg England1966 Girton College, Cambridge Starred First Bachelor of Arts
    Flag of England.svg England1969 Gray's Inn Called to the bar [8] [9]
    Chancellor, visitor, governor, rector and fellowships
    LocationDateSchoolPosition
    Flag of England.svg England2004–present Girton College, Cambridge Visitor
    Flag of England.svg England2004 –2016 University of Bristol Chancellor
    Flag of England.svg England2015 –present Law Society of the University of Cambridge Honorary President [3]
    Flag of England.svg EnglandJuly 2017 –present University of Bristol Honorary Fellowship [43]
    Flag of England.svg England17 December 2019 –present University College London Honorary Law Professor [44]
    Flag of England.svg England2020 –present Lady Margaret Hall, Oxford Visiting Fellow [45]
    Honorary degrees
    LocationDateSchoolDegree
    Flag of England.svg England2005 University of Cambridge Doctorate [46]
    Flag of England.svg England2006 University of Hull Doctor of Laws (LLD) [47]
    Flag of England.svg EnglandJuly 2007 University of Reading Doctor of Laws (LLD) [48]
    Flag of England.svg England27 February 2009 University of the West of England Doctor of Laws (LLD) [49]
    Flag of England.svg England2009 University of Huddersfield DCL [50]
    Flag of England.svg EnglandJuly 2010 University of Salford Doctorate [40]
    Flag of Scotland.svg ScotlandJune 2011 University of Glasgow Doctor of Laws (LLD) [51]
    Flag of England.svg EnglandJuly 2011 University of Kent Doctor of Laws (LLD) [52] [53]
    Flag of England.svg England2016 University of Worcester Doctorate [54]
    Flag of England.svg England2018 York St John University Doctor of Laws (LLD) [55]
    Flag of England.svg England26 July 2019 Edge Hill University Doctor of Laws (LLD) [56]
    Flag of England.svg England2019 University of Bradford Doctor of Laws (LLD) [57] [58]
    Flag of England.svg England London School of Economics Doctor of Laws (LLD) [59]
    Flag of France.svg France15 March 2024 Jean Monnet University Doctorat Honoris Causa (DHC) [60]

    Memberships and Fellowships

    LocationDateOrganisationPosition
    Flag of the United Kingdom.svg United Kingdom2004 –Present British Academy Fellow (FBA) [61]
    Flag of the United Kingdom.svg United Kingdom2017 Gray's Inn Treasurer [62]

    Personal life

    In 1968, Lady Hale married John Hoggett, a fellow law lecturer at Manchester, with whom she had one daughter, Julia Hoggett, who was appointed Chief Executive Officer of the London Stock Exchange in April 2021. The marriage was dissolved in 1992. In the same year, she married Julian Farrand, former dean of the law faculty at Manchester, [8] and subsequently Pensions Ombudsman.

    In April 2018, Lady Hale featured as a celebrity judge on BBC cooking show MasterChef . [63]

    In September 2021, Lady Hale appeared on BBC Radio 4's Desert Island Discs . [64] In the following month she unveiled a blue plaque in honour of Helena Normanton on 22 Mecklenburgh Square in London, saying: "Helena Normanton was the pioneer of female barristers. She had to overcome a great deal of prejudice and discrimination. A blue plaque is a fitting tribute to her courage and her example to women barristers everywhere." [65]

    Bibliography

    Arms

    Coat of arms of Brenda Hale, Baroness Hale of Richmond
    Hale of Richmond Achievement.png
    Notes
    Granted by Garter Gwynn-Jones, 16 June 2004 [66]
    Escutcheon
    Gules two scrolls in saltire Argent banded crosswise Vert attached thereto four seals in cross Or all between four towers crenellations outwards Argent. [67]
    Supporters
    Two frogs Vert crowned Or.
    Motto
    Omnia Feminae Aequissimae (translated by Debrett's in 2007 as "Everything To The Most Just Woman", but widely discussed in media in 2019 as "Women Are Equal To Everything" [68] [69] )
    Symbolism
    The castles represent Richmond while the scrolls represent the law. The crowned frog supporters represent the frog prince. [70] For Hale, the frog prince relates to her husband and her large collection of ceramic frogs. ("It's an inside joke between us. My husband was my frog prince. Now people give us frogs.") [71]

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    10. 1 2 "Hale of Richmond, Baroness, (Brenda Marjorie Hale) (born 31 Jan. 1945)". WHO'S WHO & WHO WAS WHO. 2007. doi:10.1093/ww/9780199540884.013.u18586. ISBN   978-0-19-954088-4. Archived from the original on 1 October 2020. Retrieved 22 September 2020.
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    13. 1 2 "No. 57179". The London Gazette . 15 January 2004. p. 503.
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    15. ↑ Baroness Hale of Richmond: Parliamentary career - website of the UK Parlement
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    39. ↑ "Decade since historic assisted dying ruling". Humanists UK . 25 June 2024. Retrieved 23 October 2024.
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    41. ↑ "The Rt Hon. The Baroness Hale of Richmond, DBE".
    42. ↑ "Hibernian Law Medals to be awarded to Robinson and Hale".
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    44. ↑ "Baroness Hale appointed Honorary Professor at UCL". UCL News. 17 December 2019. Archived from the original on 15 August 2020. Retrieved 12 August 2020.
    45. ↑ "Visiting Fellows (2019 - 2022)". Lady Margaret Hall. Archived from the original on 4 August 2020. Retrieved 12 August 2020.
    46. ↑ "Selected Honorands". University of Cambridge. 22 February 2013. Archived from the original on 5 August 2020. Retrieved 12 August 2020.
    47. ↑ "Supreme Court President inspires University of Hull students". University of Hull. 5 March 2019. Retrieved 24 September 2019.
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    49. ↑ University of the West of England (26 February 2009). "Honorary Degree awarded to Baroness Brenda Hale - UWE Bristol: News Releases". Archived from the original on 14 August 2020. Retrieved 12 August 2020.
    50. ↑ University of Huddersfield (2021). "Honorary Graduates" . Retrieved 18 May 2021.
    51. ↑ "University of Glasgow - Schools - School of Law - 100 Years - 100 Voices for 100 Years – Lady Hale". www.gla.ac.uk. Retrieved 1 September 2023.
    52. ↑ "Baroness Brenda Hale of Richmond – Congregations – University of Kent". Archived from the original on 19 October 2015. Retrieved 24 September 2019.
    53. ↑ "Kent Honorary Graduate sworn in as first female president of the UK's Supreme Court – Inspire, Challenge, Excel". 6 October 2017. Retrieved 12 August 2020.
    54. ↑ University of Worcester (14 February 2019). "President of Supreme Court to Consider Moral Courage in the Law in Worcester Lecture - University Of Worcester" . Retrieved 12 May 2021.
    55. ↑ "2018". York St John University. Archived from the original on 10 November 2020. Retrieved 12 August 2020.
    56. ↑ "First female President of the UK Supreme Court receives Edge Hill honour". 26 July 2019. Archived from the original on 10 November 2020. Retrieved 12 August 2020.
    57. ↑ "Honorary Graduates - Graduation". Archived from the original on 24 January 2020. Retrieved 24 January 2020.
    58. ↑ "University honours eight at graduations". 15 July 2019. Archived from the original on 24 January 2020. Retrieved 24 January 2020.
    59. ↑ London School of Economics (21 February 2018). "LSE honorary degrees". Archived from the original on 16 July 2019. Retrieved 6 November 2019.
    60. ↑ cs40711h#utilisateurs (28 March 2024). "Lady Brenda Hale, Docteure honoris Causa de l'Université Jean Monnet". www.univ-st-etienne.fr (in French). Retrieved 30 March 2024.{{cite web}}: CS1 maint: numeric names: authors list (link)
    61. ↑ "Rt Hon Baroness Brenda Hale". The British Academy. Archived from the original on 9 August 2020. Retrieved 12 August 2020.
    62. ↑ "Interview With Lady Hale," Family Affairs issue 79, Winter 2020, p. 57.
    63. ↑ Gibb, Frances (30 April 2018). "Baroness Hale to lay down the law on MasterChef". The Times. ISSN   0140-0460. Archived from the original on 6 April 2018. Retrieved 5 April 2018.
    64. ↑ "Baroness Hale of Richmond, former judge". Desert Island Discs. BBC Radio 4. Retrieved 20 September 2021.
    65. ↑ "Blue plaque for first practising female barrister Helena Normanton unveiled". The Guardian. 21 October 2021. Retrieved 21 October 2021.
    66. ↑ "Newsletter (No. 3)". College of Arms. Retrieved 19 June 2021.
    67. ↑ Debrett's Peerage. 2008.
    68. ↑ Boycott, Owen (21 July 2017). "'Women are equal to everything': Lady Hale lives up to her motto". The Guardian. Retrieved 19 June 2021.
    69. ↑ "Mike Amos: Judge not lest thou be judged, but the column's still much impressed by Lady Hale". The Northern Echo. 25 April 2018. Retrieved 19 June 2021.
    70. ↑ Berglof, Annie Maccoby (12 August 2011). "Taking tea in Wonderland". Financial Times. Archived from the original on 11 August 2018. Retrieved 11 August 2018.
    71. ↑ "Mike Amos: Judge not lest thou be judged, but the column's still much impressed by Lady Hale". The Northern Echo. 25 April 2018. Retrieved 19 June 2021.
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