Mary Arden, Lady Arden of Heswall

Mary Howarth Arden, Baroness Mance, DBE (born 23 January 1947), known professionally as Lady Arden of Heswall, is an English judge.


Lady Arden of Heswall

DBE
Justice of the Supreme Court of the United Kingdom
Assumed office
1 October 2018
Nominated byDavid Gauke
MonarchElizabeth II
Preceded byLord Mance
Lady Justice of Appeal
In office
2000–2018
MonarchElizabeth II
High Court Judge
In office
1993–2000
Personal details
Born
Mary Howarth Arden

(1947-01-23) 23 January 1947
Liverpool
NationalityBritish
Spouse(s)Lord Mance
Alma materGirton College, Cambridge
Harvard Law School

She currently serves as a Justice of the Supreme Court of the United Kingdom. Before that, she was a judge on the Court of Appeal of England and Wales.

Biography

Mary Arden was born in Liverpool, the daughter of Lieutenant-Colonel Eric Cuthbert Arden, of Heswall, Cheshire, a solicitor who had served with the Royal Garrison Artillery, and Mary Margaret (née Smith).[1][2] Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of solicitors. Her father and brother, Roger, joined the family firm which merged with Hill Dickinson in 2007.[3] She was brought up in south Liverpool and educated at Huyton College.[3] She read law at Girton College, Cambridge, where she gained a starred first,[4] and took an LLM degree at Harvard Law School in 1970[3] as a Kennedy Scholar. She married Jonathan Mance (now Lord Mance, former Deputy President of the Supreme Court of the United Kingdom) in the Lady Chapel at Liverpool Cathedral in 1973; they have three children together[3] - two daughters and a son. By virtue of her marriage, she is entitled to be styled The Lady Mance, but is instead known by her own judicial title.

She was called to the bar at Gray's Inn in 1971,[5] and joined Lincoln's Inn in 1973. She practised at Erskine Chambers from 1971 to 1993, mainly in company law.[3] She became a QC in 1986, and served as Attorney-General of the Duchy of Lancaster.[6] She is an Honorary Fellow of Royal Holloway, University of London, and of Liverpool John Moores University.[6]

She was appointed to the High Court on 30 April 1993,[5][7] becoming the first female High Court judge to be assigned to the Chancery Division. As is customary, she was appointed a Dame Commander of the Order of the British Empire (DBE) at the same time. Her husband joined the Queen's Bench Division in October 1993, making them the first married couple to sit on the High Court bench. That feat has now been matched by Sir Peter Openshaw and Dame Caroline Swift. Arden was chairman of the Law Commission from 1996-99.[5]

Her husband became a Lord Justice of Appeal in 1999. On 2 October 2000, she was also appointed to the Court of Appeal.[5][8] The couple became the first married couple both to sit on the Court of Appeal.

Other posts held by Arden include her membership of the Steering Group of the Company Law Review, and a current post as Head of International Judicial Relations for England and Wales.[5] She is a member of the Advisory Board, Centre of Commercial Law; of the Council of the Statute Law Society; of the Board of the Institute of Advanced Legal Studies, as well as being President of the Trinity Hall Law Society, and of the Association of Women Barristers.[3] She is a member of the Permanent Court of Arbitration in the Hague.[9]

Arden's appointment to the Supreme Court of the United Kingdom, replacing her husband on the court, was announced in June 2018, to take effect on 1 October 2018.[10][11]

Honours

Judgments

Arden's judgments include:

  • Hutchinson Personal Communications Ltd v. Hook Advertising Ltd[13] - English contract law case, ruling that clients cannot take creative work pitched to them speculatively without a prior agreement.[14]
  • Price Meats v Barclays Bank[15]
  • Bankway Properties Ltd v Pensfold-Dunsford[16]
  • Pennington v Waine[17] - English trusts law concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts.
  • Item Software (UK) Ltd v Fassihi and others[18]
  • Citibank v MBIA[19]
  • Collier v P & MJ Wright (Holdings) Ltd[20] - English contract law concerning the doctrine of consideration and promissory estoppel in relation to "alteration promises".
  • McCarthy v Secretary of State for the Home Department[21]
  • C (A Child) v XYZ CC[22]
  • R. (on the application of S) v Secretary of State for the Home Office[23]
  • Cooper v Attorney General[24]
  • Relfo Ltd v Varsani[25] - English unjust enrichment law concerning to what extent enrichment of the defendant must be at the expense of the claimant.

Bibliography

  • with George Eccles, Companies Act, 1980 (1982)
  • with Geoffrey Newton Lane, Rotaprint PLC: Investigation under Section 432 (2) and Section 442 of the Companies Act 1985 (1991)
  • The Common Law in the Age of Human Rights (2000)
  • Human Rights and European Law: Building New Legal Order (2015)

References

  1. Debrett's Peerage and Baronetage 2011, p. 1024
  2. Burke's Peerage 2003, vol. 1, p. 133
  3. "Rt. Hon Lady Justice Mary Arden - Oration". Liverpool John Moores University. Retrieved 24 September 2016.
  4. "Swearing-in Ceremony at the Supreme Court". Retrieved 9 October 2018.
  5. "Biographies of the Court of Appeal judges". Courts and Tribunals Judiciary. Retrieved 24 September 2016.
  6. "Honorary Fellows 2006". Liverpool John Moores University. Retrieved 24 September 2016.
  7. "No. 53295". The London Gazette. 6 May 1993. p. 7925.
  8. "No. 55989". The London Gazette. 5 October 2000. p. 11135.
  9. "Women at the Inns of Court" (PDF). Inner Temple Library. Retrieved 24 September 2016.
  10. "Appointments to the Supreme Court: 27 June 2018". GOV.UK. 27 June 2018. Retrieved 27 June 2018.
  11. "Three new appointment's to UK's top appeal court". supremecourt.uk. The Supreme Court. 27 June 2018. Retrieved 27 June 2018.
  12. https://www.nottingham.ac.uk/registrar/documents/hon-deg-list-oct18.pdf
  13. [1995] FSR 365
  14. The history of advertising 17 - Chris Joseph's silver hook.campaignlive.co.uk, 3 June 2011
  15. [2000] 2 All ER (Comm) 346
  16. [2001] 1 WLR 1369
  17. [2002] EWCA Civ 227, [2002] 1 WLR 2075
  18. [2004] EWCA Civ 1244
  19. [2007] EWCA Civ 11
  20. [2007] EWCA Civ 1329, [2008] 1 WLR 643
  21. [2008] 3 C.M.L.R. 7
  22. [2008] Fam. 54
  23. [2009] EWCA Civ 142
  24. [2011] 2 W.L.R. 448
  25. [2014] EWCA Civ 360
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