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David Neuberger, Baron Neuberger of Abbotsbury

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The Right Honourable
The Lord Neuberger of Abbotsbury
GBS PC HonFRS
Neuberger in 2017
President of the Supreme Court of the United Kingdom
In office
1 October 2012 – 4 September 2017
Nominated byKenneth Clarke
Appointed byElizabeth II
Deputy
Preceded byThe Lord Phillips of Worth Matravers
Succeeded byThe Baroness Hale of Richmond
Master of the Rolls
In office
1 October 2009 – 30 September 2012
Preceded byThe Lord Clarke of Stone-cum-Ebony
Succeeded byLord Dyson
Lord of Appeal in Ordinary
In office
11 January 2007 – 30 September 2009
Preceded byThe Lord Nicholls of Birkenhead
Succeeded byLord Dyson (as Justice of the Supreme Court)
Lord Justice of Appeal
In office
12 January 2004 – 11 January 2007
Non-Permanent Judge of the Court of Final Appeal of Hong Kong
Incumbent
Assumed office
1 March 2009
Appointed byDonald Tsang
Personal details
Born
David Edmond Neuberger

(1948-01-10) 10 January 1948 (age 76)
London, United Kingdom
SpouseAngela Holdsworth
Children3
Parents
EducationWestminster School
Alma materChrist Church, Oxford (MA)
OccupationJudge
ProfessionBarrister
Chinese name
Chinese廖柏嘉
Transcriptions
Yue: Cantonese
Yale RomanizationLiuh Paak Gā
JyutpingLiu6 Paak3 Gaa1
This article is part of the series: Courts of England and Wales
Law of England and Wales
Administration
Civil and family courts
Criminal courts
Criminal prosecution
Legal profession

David Edmond Neuberger, Baron Neuberger of Abbotsbury (/ˈnjuːbɜːrɡər/; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal[1] and formerly served as the Chair of the High-Level Panel of Legal Experts on Media Freedom.[2] He was appointed to the Singapore International Commercial Court as from 2018.[3]

Early life

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Neuberger was born on 10 January 1948, the son of Albert Neuberger,[4] Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. He was born Jewish originating from Germany.[5] His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmingham, Michael Neuberger was Professor of Molecular Immunology at the University of Cambridge, while Anthony Neuberger is Professor in Finance at Warwick Business School, University of Warwick.[6]

He was educated first at The Hall School, Hampstead, then Westminster School, and studied chemistry at Christ Church, Oxford.[4][7]

Career

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After graduation, Neuberger worked at the merchant bank, N M Rothschild & Sons, from 1970 to 1973.[4][8] Neuberger was called to the Bar at Lincoln's Inn in 1974,[4][9] where he became a Bencher in 1993. He became a Queen's Counsel in 1987. He was a Recorder from 1990 to 1 October 1996, when he was appointed a High Court Judge in the Chancery Division and received the customary knighthood.[10]

In 2001, he was made Supervisory Chancery Judge of Midland, Wales and Chester, and of the Western Circuits, a post he held until 12 January 2004, when he was appointed a Lord Justice of Appeal and a member of the Privy Council.[11][12]

Since 2005, he has been co-chair (with Richard Susskind) of ITAC (Lord Chancellor's Information Technology and Courts Committee.

On 11 January 2007, he succeeded Lord Nicholls of Birkenhead as a Lord of Appeal in Ordinary[9] and was made a life peer as Baron Neuberger of Abbotsbury, of Abbotsbury in the County of Dorset, and introduced in the House of Lords on 15 January 2007 between Lord Bingham of Cornhill and his sister-in-law, Baroness Neuberger.[13]

His rise to the Court of Appeal[14] and then to the House of Lords is one of the quickest in recent times. Although Lord Devlin was, at 55, even younger on his own appointment to the House of Lords in 1960, Lord Neuberger was the youngest sitting Law Lord.[15]

It was announced on 23 July 2009 that he would be appointed the next Master of the Rolls, succeeding Lord Clarke of Stone-cum-Ebony, who became one of the inaugural Justices of the Supreme Court on the retirement of Lord Scott of Foscote. This appointment took effect on 1 October 2009.[16]

Between 2006 and 2007, he led an investigation for the Bar Council into widening access to the Bar. He also served on the Panel on Fair Access to the Professions, led by former Health Secretary Alan Milburn, which reported in July 2009. Other Panel members included Trevor Phillips, head of the Commission for Equalities and Human Rights, Michael Grade, Chairman of ITV, and Martin Rees, Astronomer Royal.[17]

In July 2012, it was announced that Lord Neuberger would succeed Lord Phillips of Worth Matravers as President of the Supreme Court,[18] which post he took up on 1 October 2012.[19] In February 2017, it was announced that Lord Neuberger would retire "in the Summer" from his role in the Supreme Court.[20][21]

After UK judicial retirement

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In 2017 Lord Neuberger served as Treasurer of Lincoln's Inn.[22]

In 2018 he was appointed to the Singapore International Commercial Court for a period of three years from 5 January 2018.[23] He has been reappointed and serves currently as at August 2024.[24]

In 2019 Lord Neuberger advised the Post Office's defence against the claims by 555 sub postmasters that faults in the Post Office's Horizon IT had resulted in the wrongful prosecutions - a key part of the British Post Office scandal. He advised the Post Office in writing that there were reasonable grounds to apply for the judge in the group litigation to “recuse” himself (withdraw).[25] The advice received much negative publicity, as did the subsequent evidence of Lord Grabiner about it. The judge did not recuse himself and the challenge was unsuccessful. [26]

Lord Neuberger now sits as a voting cross-bench member of the House of Lords[27][28] and was the Chair[2] of the High-Level Panel of Legal Experts on Media Freedom, an independent body convened at the request of the UK and Canadian governments, until his resignation in August 2024.[29][30]

Controversial presence on the Hong Kong Court of Final Appeal

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2009 to August 2024

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Lord Neuberger was appointed a Non-Permanent Judge of the Hong Kong Court of Final Appeal in 2009 and continues in that role. In 2018 he was decorated with the Gold Bauhinia Star.[31] UK judges serving on the Hong Kong judiciary had come under increasing criticism in the UK due to Hong Kong's national security laws. Tom Tugendhat, as chairman of the UK's parliamentary foreign affairs select committee in July 2020 questioned whether UK judges ought to continue to serve in this way.[32]

On 6 January 2021 the Chief Justice of the Hong Kong Court of Final Appeal, Geoffrey Ma Tao-Li, retired. Lord Neuberger delivered (remotely) a farewell address in which he emphasised the demanding nature of the task of upholding and defending the independence of the judiciary in circumstances where media and public figures criticise the judiciary in “very blunt terms.”[33] In his valedictory Reply, Chief Justice Ma explained his understanding of judicial independence with an emphasis on the apolitical discharge of judicial duties. He thanked the Non-Permanent Judges for their perspectives and contributions from other common law jurisdictions, and described their presence as “beneficial to the community.”[34]

By the spring of 2022 serving members of the UK Supreme Court, Lord Hodge and Lord Reed, resigned from the Hong Kong judicial panel and criticised the state of civil liberty following the 2020 Hong Kong national security law.[35] The decision to resign was supported by the Foreign Secretary, Liz Truss.[36] At the time, aside from Lord Neuberger, other (retired) British judges continued their panel membership, namely Lord Collins, Lord Hoffman, Lord Phillips, Lord Sumption and Lord Walker.[37] These six judges issued a joint statement in support of their continued panel participation.[38] The reason given was the decision to support the work of the Hong Kong appellate courts in maintaining the rule of law and in reviewing the acts of the executive on the basis that this was in the interest of the people of Hong Kong.

In March 2024 further impending restrictions on the legal profession were the subject of an expression of serious concern by the International Bar Association’s Human Rights Institute (IBAHRI). These restrictions were contained in the Hong Kong Safeguarding National Security Law (SNS Law).[39] In May 2024 The Committee for Freedom in Hong Kong Foundation argued foreign judges should not sit in Hong Kong or lend their prestige to the Hong Kong Court.[40] On the 6 June 2024 Lords Collins and Sumption resigned from the Hong Kong judicial panel. Hong Kong Chief Executive, John Lee, regretted these resignations and emphasised the independence of the judges from interference.[41] In the week following these resignations, Lord Neuberger resisted pressure to resign. Lords Phillips and Hoffman continued also to serve.[42] Lord Falconer of Thornton described non-resignation as “untenable”. At this point the Jimmy Lai trial was ongoing.[43]

August 2024 onwards

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On Monday 12 August 2024, the Hong Kong Court of Final Appeal upheld the conviction and imprisonment of 76 year old British citizen and democracy campaigner Jimmy Lai, for taking part in an unauthorised procession in 2019.[44] This decision was described as “unjust” by Lord Patten, the last British governor of Hong Kong.[45] Lord Neuberger was a member of the court. This created a hostile uproar in the British press: the trial was described as an insult to justice[46] and Lord Neuberger's participation as giving the Hong Kong authorities  “a veneer of legitimacy.”[47] Letters to the Times from distinguished lawyers continued the debate as to whether Lord Neuberger ought morally to resign from the court. Michael Thomas KC insisted not.[48] Derek Wood KC expressed the view Lord Neuberger should reconsider his position.[49]

Period of recent Hong Kong appointments

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In March 2021 Lord Neuberger was reported in the legal press as agreeing to a further three-year term expiring in February 2024.[50] The Chief Executive of Hong Kong extended the appointment of Lord Neuberger for a further three years commencing on 1 March 2024.[51]

Consequences of Jimmy Lai conviction

[edit]

As a Non-Permanent Judge of the Hong Kong Court of Final Appeal, Lord Neuberger is flown into Hong Kong and paid approximately £40,000 for each month-long visit. He sat on the final appeal panel which unanimously dismissed a bid by pro-democracy activist Jimmy Lai and six others to overturn all their various convictions for taking part in a peaceful protest in August 2019.[52] For his participation in the judgment, Lord Neuberger was called "delusional" by Hong Kong's last governor, Lord Patten, and subsequently resigned from the Media Freedom Coalition.[53][54] In its article about the furore over the conviction and subsequent resignation, The Washington Post noted that the Hong Kong government condemned Lord Patten's “wanton personal vilifications.”[55]

Lord Neuberger in his resignation letter attributed the resignation to "focus on my position as a non-permanent judge in Hong Kong" which might impact or distract from the work of the High Level Panel.[56] Reporters Without Borders (RSF) in its post about it described the resignation as “necessary to protect the independence and integrity of the High Level Panel.”[57]

Honorary appointments

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2024

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Lord Neuberger as at 17 August 2024 was President of The Academy of Experts and of the British Institute of International & Comparative Law (BIICL). He was chair of the Board of the Institute of Family Law Arbitrators, and a Member of the Tate Ethics Committee and of the Francis Crick Institute Ethics Committee. He was also Member of the advisory board of Grit. He was trustee of the Centre for German-Jewish Studies at the University of Sussex, and of Mental Health Research UK. He was trustee and director of associated companies for Prisoners Abroad, for the Thrombosis Research Institute and for The Westminster School Foundation (UK) Limited.[58]

Historical

[edit]

Neuberger was Chairman of the Schizophrenia Trust from 2003 to 2013, when it merged with and was subsumed by Mental Health Research UK. He was a Governor of the University of the Arts London between 2000 and 2010. He was President of the British Records Association from 2009 to 2012, in his capacity as Master of the Rolls. On 18 May 2020 he was appointed as Deputy President of The Academy of Experts and replaced Mark Saville, Baron Saville of Newdigate as President in late 2020.

Awards and honours

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He was elected an Honorary Fellow of the Royal Society in 2017.[59]

In 2018, Lord Neuberger was awarded the Gold Bauhinia Star by the Chief Executive of Hong Kong.[60]

Cases

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Notable cases or comments

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In May 2010, Lord Neuberger gave an ex tempore dissenting judgment that the trade union Unite had not complied with ballot rules under trade union legislation.[61]

In July 2010 Lord Neuberger ruled that peace protesters in Parliament Square who had camped out in Democracy Village should be evicted after the protesters lost an appeal.[62]

In May 2011, while commenting on super injunctions, he said that social media sites like Twitter were "totally out of control" and society should consider ways to bring such websites under control.[63]

Other selected cases

[edit]

Significant lectures

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On 24 February 2014, Lord Neuberger delivered at Cambridge University the Freshfields annual lecture, which he entitled "The British and Europe".[68]

Personal life

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Lord Neuberger of Abbotsbury speaking at a conference in Singapore in 2016

In 1976, Neuberger married Angela Holdsworth, the TV producer and writer. They have three children, Jessica, Nicholas and Max, who are all solicitors.[7] Neuberger's sister-in-law, through his brother Anthony Neuberger, is Julia Neuberger, Baroness Neuberger, Senior Rabbi of the West London Synagogue.

References

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  1. ^ "About Us – List of Judges and Judicial Officers". Judiciary.gov.hk. Archived from the original on 23 January 2010. Retrieved 29 January 2018.
  2. ^ a b "Lord Neuberger and Amal Clooney announce Media Freedom Legal Panel members". GOV.UK. Retrieved 4 November 2020.
  3. ^ Singapore, Prime Minister's Office (27 December 2018). "PMO | Appointments/ Reappointments to the Singapore International Commercial Court". Prime Minister's Office Singapore. Retrieved 17 August 2024.
  4. ^ a b c d Anon (2017). "Neuberger of Abbotsbury". Who's Who (online Oxford University Press ed.). Oxford: A & C Black. doi:10.1093/ww/9780199540884.013.29330. (Subscription or UK public library membership required.)
  5. ^ Oxford Dictionary of National Biography. 2004. ISBN 0-19-861411-X.
  6. ^ "Anthony Neuberger". 2.warwick.ac.uk. Retrieved 27 July 2009.
  7. ^ a b "The Panel on Fair Access to the Professions: David Neuberger". Cabinet Office. 23 February 2009. Archived from the original on 16 March 2009. Retrieved 28 July 2009.
  8. ^ U.K.'s Youngest Law Lord David Neuberger Joins Court at Age 59, Bloomberg, 10 January 2007.
  9. ^ a b "Judicial Appointment for Sir David". 10 Downing Street. 13 December 2006. Archived from the original on 12 November 2009. Retrieved 27 July 2009.
  10. ^ "No. 54543". The London Gazette. 4 October 1996. p. 13211.
  11. ^ "No. 57179". The London Gazette. 15 January 2004. p. 504.
  12. ^ "Orders for 11 February 2004". Privy Council Office. Archived from the original on 3 November 2010.
  13. ^ Minutes of Proceedings of Monday 15 January 2007; Publications.parliament.uk, retrieved 27 July 2009.
  14. ^ "Lord Neuberger's entry on Court of Appeal webpage". hmcourts-service.gov.uk. Archived from the original on 18 July 2010.
  15. ^ "Neuberger LJ in fast-track promotion to the Lords". The Lawyer. 13 December 2006. Archived from the original on 27 September 2007.
  16. ^ Bill Jones; Philip Norton (2014). Politics UK. Routledge. p. 442. ISBN 9781317581031.
  17. ^ "Panel on Fair Access to the Professions". 27 July 2009. Archived from the original on 16 March 2009. Retrieved 28 July 2009.
  18. ^ "New President of the Supreme Court". Supreme Court of the United Kingdom. 12 July 2012. Retrieved 12 July 2012.
  19. ^ Farmer, Brian (1 October 2012). "New Supreme Court chief Lord Neuberger sworn in". Independent. London, UK.
  20. ^ "Supreme Court – Judicial Vacancies". UK Supreme Court. 16 February 2017. Retrieved 16 February 2016.
  21. ^ In July 2017, it was announced that Baroness Hale of Richmond would succeed him as President of the Supreme Court in September "President of the Supreme Court appointment: Baroness Hale". 10 Downing Street. 21 July 2017. Retrieved 23 July 2017.
  22. ^ "Lord Neuberger Of Abbotsbury - Barristers - One Essex Court". www.oeclaw.co.uk. Retrieved 17 August 2024.
  23. ^ Singapore, Prime Minister's Office (27 December 2018). "PMO | Appointments/ Reappointments to the Singapore International Commercial Court". Prime Minister's Office Singapore. Retrieved 17 August 2024.
  24. ^ "Judges". Default. Retrieved 17 August 2024.
  25. ^ "POL00025910 - Bates and Others v Post Office - Observations on Recusal Application". Post Office Horizon IT Inquiry. 14 March 2019. Retrieved 17 August 2024.
  26. ^ "Lord Grabiner: Never Mind "That Bollox"". 12 June 2024.
  27. ^ "Contact information for Lord Neuberger of Abbotsbury - MPs and Lords - UK Parliament". members.parliament.uk. Retrieved 16 January 2020.
  28. ^ "Parliamentlive.tv". parliamentlive.tv. Retrieved 16 January 2020.
  29. ^ "IBA - IBAHRI Secretariat to the High Level Panel of Legal Experts on Media Freedom". www.ibanet.org. Retrieved 4 November 2020.
  30. ^ Hawkins, Amy (15 August 2024). "Former UK supreme court head quits media freedom role over work as judge in Hong Kong". The Guardian. ISSN 0261-3077. Retrieved 15 August 2024.
  31. ^ "Hong Kong Court of Final Appeal - The Non-Permanent Judges - The Right Honourable the Lord NEUBERGER of Abbotsbury, GBS". www.hkcfa.hk. Retrieved 17 August 2024.
  32. ^ Bowcott, Owen; correspondent, Owen Bowcott Legal affairs (2 July 2020). "Role of UK judges in Hong Kong appeal court comes under scrutiny". The Guardian. ISSN 0261-3077. Retrieved 17 August 2024. {{cite news}}: |last2= has generic name (help)
  33. ^ 6 January 2021, Lord Neuberger of Abbotsbury NPJ, Lord Neuberger's Speech at the Farewell Sitting for the CJhttps://www.hkcfa.hk/filemanager/speech/en/upload/2262/GEOFFREY%20MA%20FINAL%20SITTING%20v3.pdf Retrieved 21 August 2024
  34. ^ 6 January 2021 The Hon Ma CJ, CJ's Speech at his Farewell Sittinghttps://www.hkcfa.hk/filemanager/speech/en/upload/2261/2021.01.06%20-%20Farewell%20Sitting%20(v.9).pdf Retrieved 21 August 2024
  35. ^ Lai, Yan-ho (4 April 2022). "Hong Kong: British judges leaving top court is a strong condemnation of the end of civil liberties". The Conversation. Retrieved 17 August 2024.
  36. ^ "Foreign Secretary supports the withdrawal of serving UK judges from the Hong Kong Court of Final Appeal". GOV.UK. Retrieved 17 August 2024.
  37. ^ "British justice with Chinese characteristics no more as Lords Reed and Hodge resign from Hong Kong court". Scottish Legal News. 30 March 2022. Retrieved 17 August 2024.
  38. ^ "Hong Kong: British judges refuse to quit appeal court". Scottish Legal News. 1 April 2022. Retrieved 17 August 2024.
  39. ^ "Hong Kong: New law threatens independence of legal profession". Scottish Legal News. 25 March 2024. Retrieved 17 August 2024.
  40. ^ Foundation, CFHK (14 May 2024). "Lending Prestige to Persecution: How Foreign Judges are Undermining Hong Kong's Freedoms and Why They Should Quit". CFHK Foundation. Retrieved 17 August 2024.
  41. ^ "Top British judges resign from Hong Kong court". Scottish Legal News. 7 June 2024. Retrieved 17 August 2024.
  42. ^ Hawkins, Amy; correspondent, Amy Hawkins Senior China (12 June 2024). "Remaining British judges urged to resign from Hong Kong's top court". The Guardian. ISSN 0261-3077. Retrieved 17 August 2024. {{cite news}}: |last2= has generic name (help)
  43. ^ Baksi2024-06-10T14:28:00+01:00, Catherine. "Neuberger defies calls to quit Hong Kong court". Law Gazette. Retrieved 17 August 2024.{{cite web}}: CS1 maint: numeric names: authors list (link)
  44. ^ https://www.reuters.com/world/china/hong-kong-court-dismisses-bid-by-media-tycoon-jimmy-lai-overturn-conviction-2024-08-12/ [bare URL]
  45. ^ Hawkins, Amy; correspondent, Amy Hawkins Senior China (12 August 2024). "Conviction of Hong Kong activist Jimmy Lai 'unjust', says Chris Patten". The Guardian. ISSN 0261-3077. Retrieved 17 August 2024. {{cite news}}: |last2= has generic name (help)
  46. ^ 13 August 2024, the Independent, editorials, “Jimmy Lai prison sentence Hong Kong.”
  47. ^ The Times Leader 13 August 2024 under the title “Poor Judgment.”
  48. ^ Letter to the Times published 14 August 2024
  49. ^ Letter to the Times published 16 August 2024
  50. ^ "Lord Neuberger to remain on Hong Kong court for three years". Scottish Legal News. 15 March 2021. Retrieved 17 August 2024.
  51. ^ "Term of non-permanent CFA judge extended". www.info.gov.hk. Retrieved 17 August 2024.
  52. ^ Hawkins, Amy (15 August 2024). "Former UK supreme court head quits media freedom role over work as judge in Hong Kong". The Guardian. ISSN 0261-3077. Retrieved 15 August 2024.
  53. ^ "Shame of British judge keeping free speech hero in jail". The Independent. 13 August 2024. Retrieved 15 August 2024.
  54. ^ Hawkins, Amy (15 August 2024). "Former UK supreme court head quits media freedom role over work as judge in Hong Kong". The Guardian. ISSN 0261-3077. Retrieved 15 August 2024.
  55. ^ "British judge on Hong Kong's top court, facing criticism, quits media freedom group's advisory panel". Washington Post. 16 August 2024. ISSN 0190-8286. Retrieved 17 August 2024.
  56. ^ "Neuberger resigns from media freedom panel over Hong Kong judicial role". www.globallegalpost.com. Retrieved 17 August 2024.
  57. ^ "RSF response to Lord Neuberger's resignation from the High Level Panel of Legal Experts on Media Freedom | RSF". rsf.org. 15 August 2024. Retrieved 17 August 2024.
  58. ^ House of Lords Register of interests for Lord Neuberger of Abbotsbury, accessed 17 August 2024 https://members.parliament.uk/member/3827/registeredinterests
  59. ^ Anon (2017). "David Neuberger". royalsociety.org. London: Royal Society. Retrieved 27 May 2017.
  60. ^ "G.N.(E.) 32" Hong Kong Government Gazette (No. 29 Vol. 22 (Extraordinary), 1 July 2018)
  61. ^ "BA strike: Ban lifted by High Court". BBC News. 20 May 2010. Retrieved 21 May 2010.
  62. ^ "Parliament Square protesters lose eviction appeal". BBC News. 16 July 2010.
  63. ^ "Journalist's Twitter posts spark prosecution call". BBC News. 22 May 2011.
  64. ^ "Krasner v McMath [2005] EWCA Civ 1072 (10 August 2005)". Archived from the original on 23 September 2015. Retrieved 14 March 2010.
  65. ^ [2007] 2 AC 432 at [127]
  66. ^ "Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009)". Archived from the original on 12 May 2015. Retrieved 6 March 2010.
  67. ^ "Manchester City Council v Pinnock [2010] UKSC 45 (03 November 2010)". 15 August 2014. Archived from the original on 15 August 2014.
  68. ^ Neuberger, David (12 February 2014). "Cambridge Freshfields Annual Law Lecture 2014 – The British and Europe" (PDF). Retrieved 4 April 2022.

Further reading

[edit]
Legal offices
Preceded by President of the Supreme Court of the United Kingdom
2012–2017 		Succeeded by
Preceded by Master of the Rolls
2009–2012 		Succeeded by
Preceded by
None
 Non-Permanent Judge of the Court of Final Appeal of Hong Kong
2009–present 		Incumbent
Order of precedence
Preceded by
Murray Gleeson
Non-Permanent Judge of the Court of Final Appeal
 Hong Kong order of precedence
Non-Permanent Judge of the Court of Final Appeal 		Succeeded by
The Lord Walker of Gestingthorpe
Non-Permanent Judge of the Court of Final Appeal

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