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Emma Arbuthnot

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The Right Honourable
Mrs Justice Arbuthnot
DBE
Royal coat of arms of the United Kingdom
High Court Judge
Family Division
Incumbent
Assumed office
1 February 2021
MonarchsElizabeth II
Charles III
DivisionFamily (High Court of Justice)
Personal details
Born
Emma Louise Broadbent

(1959-01-09) 9 January 1959 (age 65)
Macclesfield, Cheshire, England
Spouse(s)
​
(m. 1984)​

Baron Arbuthnot of Edrom (cr. 2015)
Children4
Parent
RelativesBartholomew Broadbent (bro);
Broadbent baronets (kinsmen)
EducationLycée Français de Londres
Alma materQueen Mary College, London
OccupationBarrister; judge
ProfessionLaw

Emma Louise Arbuthnot, Baroness Arbuthnot of Edrom, DBE (née Broadbent; born 9 January 1959), known professionally as Mrs Justice Arbuthnot, serves as a High Court judge for England and Wales since 2021.[1][2]

Early life and education

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Born in 1959 at Macclesfield, Cheshire, the only daughter of wine critic Michael Broadbent, she grew up in London and was educated at the French Lycée. She then read Law at Queen Mary College, London (BA), before pursuing further legal studies at City University (Dip. Law).

On 6 September 1984, she married James Arbuthnot, later Baron Arbuthnot of Edrom,[3] a barrister and British Conservative Party politician.[4][5][6]

Career

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Called to the Bar at the Inner Temple in 1986, Arbuthnot was appointed as a Deputy District Judge (Magistrates' Courts) in 2000, a Recorder in 2001 (Crime and then Family), a full time District Judge (Magistrates' Courts) in 2005, the Deputy Senior District Judge (Deputy Chief Magistrate) in 2012, the Senior District Judge (Chief Magistrate) for England and Wales in 2016, and a Justice of the High Court of England and Wales in 2020.[7]

Rulings as High Court Judge

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Archie Battersbee

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Arbuthnot oversaw Archie Battersbee's case in the Family Division of the High Court, London. In a final hearing, which took place on 6 and 7 June 2022, she ruled that doctors could terminate the patient's treatment and end his life support.[8] The family was given limited time to launch appeal proceedings. However, following another hearing, Arbuthnot granted the parents permission to take the case to the Court of Appeal.[9] The Court of Appeal later ruled that the High Court should reconsider its opinion as to whether he was brain-dead, and that a new hearing of the Court of Appeal would be set for 11 July 2022. The Court of Appeal subsequently denied the appeal on 25 June 2022.[10] The Court of Appeal agreed to stay their ruling for 48 hours to give Archie's parents time to ask for an appeal to the Supreme Court of the United Kingdom or to the European Court of Human Rights.[11][12]

Rulings as Chief Magistrate

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First Unexplained Wealth Order

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As Chief Magistrate, Lady Arbuthnot made rulings related to the fugitive Indian tycoon Vijay Mallya,[13] and Zamira Hajiyeva, the first person subject to an unexplained wealth order (UWO).[14]

Julian Assange

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Towards the end of 2019, Arbuthnot, who had presided at several of Julian Assange's extradition hearings,[15][16] stepped aside because of a "perception of bias", apparently linked to her husband.[17]

Uber

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Uber's application for a five-year licence was rejected by Transport for London in September 2017. In June 2018, Arbuthnot granted Uber a probationary 15-month licence for London. An investigation by The Observer newspaper reported that Arbuthnot's husband, James Arbuthnot, was a director of SC Strategy Ltd during Uber's appeal before his wife. SC Strategy Ltd is a private intelligence company which has worked for the sovereign wealth fund Qatar Investment Authority (QIA), one of the main investors in a $1.2bn financing arrangement for Uber. After The Observer's report was published, Lady Arbuthnot withdrew from hearing any further appeals by the company.[18][19]

Grenfell

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In August 2019 Arbuthnot cleared a man accused of filming a Grenfell Tower effigy being burned at a bonfire night party, whilst a group of friends laughed and joked.[20][21] Her decision was overturned by the High Court in August 2021.[22]

See also

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References

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  1. ^ "Crown Office | the Gazette".
  2. ^ "High Court Appointment". UK Judiciary. 7 October 2020. Retrieved 29 September 2021.
  3. ^ www.burkespeerage.com
  4. ^ "Candidate: James Arbuthnot". Personal details: Married September 6, 1984, Emma Broadbent. BBC, London. Retrieved 22 January 2022.
  5. ^ "Rt Hon James Arbuthnot MP profile". Conservative Party. Archived from the original on 5 February 2009. Retrieved 24 January 2022.
  6. ^ "Arbuthnot, Hon. Dame Emma Louise, (Lady Arbuthnot of Edrom), (born 9 Jan. 1959), a Judge of the High Court, Family Division, since 2021". WHO'S WHO & WHO WAS WHO. doi:10.1093/ww/9780199540884.013.U59503. ISBN 978-0-19-954088-4. Retrieved 3 October 2022.
  7. ^ "High Court Judges 2020". Judicial Appointments Commission. 2 November 2020.
  8. ^ "Archie Battersbee treatment should stop, judge rules". BBC News. 13 June 2022.
  9. ^ "Archie Battersbee's family can appeal life-support ruling". BBC News. 20 June 2022.
  10. ^ "Archie Battersbee: Parents lose appeal over life support". BBC News. 25 July 2022. Retrieved 25 July 2022.
  11. ^ "Parents of 12-year-old on a ventilator lose appeal forcing the removal of life support".
  12. ^ "Archie Battersbee: Supreme Court will not intervene in life-support case". BBC News. 28 July 2022. Retrieved 12 June 2024.
  13. ^ "UK court rules that Indian tycoon should face extradition".
  14. ^ Ward, Victoria (26 September 2019). "Banker's wife who spent £16m in Harrods escapes extradition to Azerbaijan on embezzlement charges". The Telegraph. ISSN 0307-1235. Retrieved 27 September 2019.
  15. ^ "Julian Assange too ill to appear in court via video link, lawyers say". the Guardian. 30 May 2019. Retrieved 12 October 2020.
  16. ^ "Julian Assange to face US extradition hearing in UK next year". the Guardian. 14 June 2019. Retrieved 12 October 2020.
  17. ^ Curtis, Mark; Kennard, Matt (4 September 2020). "Declassified UK: As British judge made rulings against Julian Assange, her husband was involved with right-wing lobby group briefing against WikiLeaks founder". Daily Maverick. Retrieved 12 October 2020.
  18. ^ Doward, Jamie (18 August 2018). "Judge in Uber's London legal battle steps aside over husband's links to firm". the Guardian. Retrieved 19 December 2020.
  19. ^ Bowcott, Owen (13 February 2019). "Chief magistrate's alleged bias toward Uber raised in court". the Guardian. Retrieved 19 December 2020.
  20. ^ "Court clears man over video of Grenfell Tower model being burned". TheGuardian.com. 22 August 2019.
  21. ^ "Burning Grenfell Tower model was 'joke about friends not victims who died'". 22 August 2019.
  22. ^ "Grenfell Tower: Man accused of burning model to face retrial". BBC News. 2 August 2021.
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