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Mary Arden, Lady Arden of Heswall

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Lady Arden of Heswall
Lady Arden 2010.png
Arden in November 2010
Justice of the Supreme Court of the United Kingdom
In office
1 October 2018 – 24 January 2022
Nominated byDavid Gauke
MonarchElizabeth II
Preceded byThe Lord Mance
Succeeded byLord Richards of Camberwell
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 (age 76)
Liverpool, England
Spouse
(m. 1973)
Alma materGirton College, Cambridge
Harvard Law School

Mary Howarth Arden, Baroness Mance, DBE, KC, PC (born 23 January 1947), known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of England and Wales.

Early life and education

Mary Howarth 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 and an LLM,[4][5] and an LLM degree at Harvard Law School in 1970 as a Kennedy Scholar.[3]

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Liverpool

Liverpool

Liverpool is a city and metropolitan borough in North West England. With a population of 486,100 in 2021, it is located within the county of Merseyside and is the principal city of the wider Liverpool City Region. Its metropolitan area is the fifth largest in the United Kingdom, with a population of 2.24 million.

Heswall

Heswall

Heswall is a town on the Wirral, Merseyside, England. At the 2001 Census, the population was 16,012, including the nearby villages of Barnston and Gayton.

Royal Garrison Artillery

Royal Garrison Artillery

The Royal Garrison Artillery (RGA) was formed in 1899 as a distinct arm of the British Army's Royal Regiment of Artillery serving alongside the other two arms of the Regiment, the Royal Field Artillery (RFA) and the Royal Horse Artillery (RHA). The RGA were the 'technical' branch of the Royal Artillery who were responsible for much of the professionalisation of technical gunnery that was to occur during the First World War. It was originally established to man the guns of the British Empire's forts and fortresses, including coastal artillery batteries, the heavy gun batteries attached to each infantry division and the guns of the siege artillery. The RGA was amalgamated with the RFA in 1924, from which time the only two arms within the Royal Regiment of Artillery have been the Royal Artillery and the Royal Horse Artillery.

Solicitor

Solicitor

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

Hill Dickinson

Hill Dickinson

Hill Dickinson is a British international commercial law firm headquartered in Liverpool, United Kingdom. With more than 200 partners and 950 staff, the firm operates from six UK offices and four overseas offices.

Huyton College

Huyton College

Huyton College was an independent day and boarding school for girls founded in England in 1894 as the sister school to Liverpool College with which it merged on 27 July 1993, a few months short of its 100th birthday. The Liverpool College for Girls, Huyton, as it was originally known, was started in 1894 and intended to be parallel to the Liverpool College Boys' Upper School. It catered for girls between the ages of 4 and 18. In its early days, and towards the end of its time based at Huyton Hall before the merger, it also took day boys up to the age of seven. The school is mentioned in the book The Wildcats of St Trinian's by Frank Launder.

Girton College, Cambridge

Girton College, Cambridge

Girton College is one of the 31 constituent colleges of the University of Cambridge. The college was established in 1869 by Emily Davies and Barbara Bodichon as the first women's college in Cambridge. In 1948, it was granted full college status by the university, marking the official admittance of women to the university. In 1976, it was the first Cambridge women's college to become coeducational.

Master of Laws

Master of Laws

A Master of Laws is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In most jurisdictions, the "Master of Laws" is the advanced professional degree for those usually already admitted into legal practice.

Harvard Law School

Harvard Law School

Harvard Law School (HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.

Career

She was called to the bar at Gray's Inn in 1971,[6] 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.[7] She is an Honorary Fellow of Royal Holloway, University of London, and of Liverpool John Moores University.[7]

She was appointed to the High Court on 30 April 1993,[6][8] 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.[6]

Her husband became a Lord Justice of Appeal in 1999. On 2 October 2000, she was also appointed to the Court of Appeal.[6][9] 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.[6] 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.[10]

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.[11][12] On entering her office, she took the judicial courtesy title of Lady Arden of Heswall. She was the only woman out of the eleven judges of the court between the retirement of Lady Black in January 2021 and the appointment of Lady Black's successor, Lady Rose in April 2021.

By the time she retired in 2022, she was the eldest of the justices (Lord Lloyd-Jones was the second-eldest at 69). Following the retirement (and death) of Lord Kerr of Tonaghmore in 2020 she was the only remaining member to have held judicial office before 31 March 1995 and was thus allowed to retire at 75 instead of 70.

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Gray's Inn

Gray's Inn

The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the bar in order to practise as a barrister in England and Wales, an individual must belong to one of these inns. Located at the intersection of High Holborn and Gray's Inn Road in Central London, the Inn is a professional body and provides office and some residential accommodation for barristers. It is ruled by a governing council called "Pension," made up of the Masters of the Bench and led by the Treasurer, who is elected to serve a one-year term. The Inn is known for its gardens which have existed since at least 1597.

Lincoln's Inn

Lincoln's Inn

The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. Lincoln's Inn, along with the three other Inns of Court, is recognised as being one of the world's most prestigious professional bodies of judges and lawyers.

Attorney-General of the Duchy of Lancaster

Attorney-General of the Duchy of Lancaster

The Attorney-General of the Duchy of Lancaster is the law officer of the Crown for matters arising in the Duchy of Lancaster.

Order of the British Empire

Order of the British Empire

The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established on 4 June 1917 by King George V and comprises five classes across both civil and military divisions, the most senior two of which make the recipient either a knight if male or dame if female. There is also the related British Empire Medal, whose recipients are affiliated with, but not members of, the order.

Peter Openshaw (judge)

Peter Openshaw (judge)

Sir Charles Peter Lawford Openshaw, DL, styled The Hon. Mr Justice Openshaw, is a retired judge of the High Court, Queen's Bench Division.

Caroline Swift

Caroline Swift

Dame Caroline Jane Swift, Lady Openshaw, formerly styled The Hon. Mrs Justice Swift, is a British barrister and former High Court judge. She was leading counsel to the Inquiry in the Shipman Inquiry, which began in 2001.

Law Commission (England and Wales)

Law Commission (England and Wales)

In England and Wales the Law Commission is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies.

Permanent Court of Arbitration

Permanent Court of Arbitration

The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 122 states. It is not a United Nations agency, but a United Nations observer.

Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.

Jill Black, Lady Black of Derwent

Jill Black, Lady Black of Derwent

Jill Margaret Black, Lady Black of Derwent, is a former Justice of the Supreme Court of the United Kingdom.

Personal life

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.

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Honours

Discover more about Honours related topics

Order of the British Empire

Order of the British Empire

The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established on 4 June 1917 by King George V and comprises five classes across both civil and military divisions, the most senior two of which make the recipient either a knight if male or dame if female. There is also the related British Empire Medal, whose recipients are affiliated with, but not members of, the order.

High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Girton College, Cambridge

Girton College, Cambridge

Girton College is one of the 31 constituent colleges of the University of Cambridge. The college was established in 1869 by Emily Davies and Barbara Bodichon as the first women's college in Cambridge. In 1948, it was granted full college status by the university, marking the official admittance of women to the university. In 1976, it was the first Cambridge women's college to become coeducational.

Court of Appeal (England and Wales)

Court of Appeal (England and Wales)

The Court of Appeal is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.

Honorific

Honorific

An honorific is a title that conveys esteem, courtesy, or respect for position or rank when used in addressing or referring to a person. Sometimes, the term "honorific" is used in a more specific sense to refer to an honorary academic title. It is also often conflated with systems of honorific speech in linguistics, which are grammatical or morphological ways of encoding the relative social status of speakers. Honorifics can be used as prefixes or suffixes depending on the appropriate occasion and presentation in accordance with style and customs.

The Right Honourable

The Right Honourable

The Right Honourable is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth of Nations. The term is predominantly used today as a style associated with the holding of certain senior public offices in the United Kingdom, Canada, New Zealand, and to a lesser extent, Australia.

Honorary title (academic)

Honorary title (academic)

Honorary titles in academia may be conferred on persons in recognition of contributions by a non-employee or by an employee beyond regular duties. This practice primarily exists in the UK and Germany, as well as in many of the universities and colleges of the United States, Australia, Hong Kong, Taiwan, China, New Zealand, Japan, Denmark, and Canada.

Royal Holloway, University of London

Royal Holloway, University of London

Royal Holloway, University of London (RHUL), formally incorporated as Royal Holloway and Bedford New College, is a public research university and a constituent college of the federal University of London. It has six schools, 21 academic departments and approximately 10,500 undergraduate and postgraduate students from over 100 countries. The campus is located west of Egham, Surrey, 19 miles (31 km) from central London.

Liverpool John Moores University

Liverpool John Moores University

Liverpool John Moores University is a public research university in the city of Liverpool, England. The university can trace its origins to the Liverpool Mechanics' School of Arts, established in 1823. This later merged to become Liverpool Polytechnic. In 1992, following an Act of Parliament, the Liverpool Polytechnic became what is now Liverpool John Moores University. It is named after Sir John Moores, a local businessman and philanthropist, who donated to the university's precursor institutions.

Honorary degree

Honorary degree

An honorary degree is an academic degree for which a university has waived all of the usual requirements. It is also known by the Latin phrases honoris causa or ad honorem . The degree is typically a doctorate or, less commonly, a master's degree, and may be awarded to someone who has no prior connection with the academic institution or no previous postsecondary education. An example of identifying a recipient of this award is as follows: Doctorate in Business Administration (Hon. Causa).

University of Nottingham

University of Nottingham

The University of Nottingham is a public research university in Nottingham, United Kingdom. It was founded as University College Nottingham in 1881, and was granted a royal charter in 1948. The University of Nottingham belongs to the research intensive Russell Group association.

Judgments

Arden's judgments include:

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English contract law

English contract law

English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth, from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights.

Pennington v Waine

Pennington v Waine

Pennington v Waine [2002] EWCA Civ 227 is an English trusts law case, concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts. The case represents an equitable exception to the need for a complete transfer of property in law.

Collier v P & MJ Wright (Holdings) Ltd

Collier v P & MJ Wright (Holdings) Ltd

Collier v P & MJ Wright (Holdings) Ltd [2007] EWCA Civ 1329 is an English contract law case, concerning the doctrine of consideration and promissory estoppel in relation to "alteration promises".

Consideration in English law

Consideration in English law

Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts. The concept of consideration has been adopted by other common law jurisdictions, including the US.

Relfo Ltd v Varsani

Relfo Ltd v Varsani

Relfo Ltd v Varsani [2014] EWCA Civ 360 is an English unjust enrichment law case, concerning to what extent enrichment of the defendant must be at the expense of the claimant.

Source: "Mary Arden, Lady Arden of Heswall", Wikipedia, Wikimedia Foundation, (2023, March 10th), https://en.wikipedia.org/wiki/Mary_Arden,_Lady_Arden_of_Heswall.

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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)
Arms
Coat of arms of Mary Arden, Lady Arden of Heswall
Arden of Heswall Achievement.png
Escutcheon
Gules three crosses crosslet fitchy Or a chief Or the brissure of a woman in chief Gules.
Motto
Patientia Vinces [27]
References
  1. ^ Debrett's Peerage and Baronetage 2011, p. 1024
  2. ^ Burke's Peerage 2003, vol. 1, p. 133
  3. ^ a b c d e f "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. ^ a b "Arden of Heswall, Rt Hon. Lady, (Mary Howarth Arden), a Justice of the Supreme Court of the United Kingdom, since 2018". WHO'S WHO & WHO WAS WHO. 2007. doi:10.1093/ww/9780199540884.013.u5672. ISBN 978-0-19-954088-4. Retrieved 19 September 2020.
  6. ^ a b c d e "Biographies of the Court of Appeal judges". Courts and Tribunals Judiciary. Retrieved 24 September 2016.
  7. ^ a b "Honorary Fellows 2006". Liverpool John Moores University. Retrieved 24 September 2016.
  8. ^ "No. 53295". The London Gazette. 6 May 1993. p. 7925.
  9. ^ "No. 55989". The London Gazette. 5 October 2000. p. 11135.
  10. ^ "Women at the Inns of Court" (PDF). Inner Temple Library. Retrieved 24 September 2016.
  11. ^ "Appointments to the Supreme Court: 27 June 2018". GOV.UK. 27 June 2018. Retrieved 27 June 2018.
  12. ^ "Three new appointment's to UK's top appeal court". supremecourt.uk. The Supreme Court. 27 June 2018. Retrieved 27 June 2018.
  13. ^ "Archived copy" (PDF). Archived from the original (PDF) on 28 January 2019. Retrieved 9 April 2019.{{cite web}}: CS1 maint: archived copy as title (link)
  14. ^ [1995] FSR 365
  15. ^ The history of advertising 17 - Chris Joseph's silver hook.campaignlive.co.uk, 3 June 2011
  16. ^ [2000] 2 All ER (Comm) 346
  17. ^ [2001] 1 WLR 1369
  18. ^ [2002] EWCA Civ 227, [2002] 1 WLR 2075
  19. ^ [2004] EWCA Civ 1244
  20. ^ [2007] EWCA Civ 11
  21. ^ [2007] EWCA Civ 1329, [2008] 1 WLR 643
  22. ^ [2008] 3 C.M.L.R. 7
  23. ^ [2008] Fam. 54
  24. ^ [2009] EWCA Civ 142
  25. ^ [2011] 2 W.L.R. 448
  26. ^ [2014] EWCA Civ 360
  27. ^ Lincoln's Inn Great Hall, Eb13 Arden, M. Baz Manning. 13 July 2009. Retrieved 22 November 2020.
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