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Emma Louise Arbuthnot, Baroness Arbuthnot of Edrom (née Broadbent), known professionally as Mrs Justice Arbuthnot, is a British High Court judge.


Early life and education

Emma Louise Broadbent, daughter of wine critic
Michael Broadbent John Michael Broadbent, MW (2 May 1927 – 17 March 2020) was a British wine critic, writer and auctioneer in a capacity as a Master of Wine. He was an authority on wine tasting and old wines. Career Broadbent was born in Yorkshire. He was ed ...
, was born in
Macclesfield Macclesfield is a market town and civil parish in the unitary authority of Cheshire East in Cheshire, England. It is located on the River Bollin in the east of the county, on the edge of the Cheshire Plain, with Macclesfield Forest to its east ...
on the 9th of January 1959 and grew up in London. She attended a fee-paying French state school. After a period in the workforce, she studied at
London University The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degree- ...
, supporting herself by working as a cleaner, and graduated with a law degree. On 6 September 1984, she married James Arbuthnot, later Baron Arbuthnot of Edrom, a barrister and British
Conservative Party The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right. Political parties called The Conservative P ...
politician.


Career

Arbuthnot became a barrister in 1986. She 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 (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.


Rulings as High Court Judge


Archie Battersbee

Arbuthnot oversaw Archie Battersbee's case in the Family Division of the High Court in 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. 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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
. 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. 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 The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) 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 Unite ...
or to the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
.


Rulings as Chief Magistrate


First unexplained wealth order

As Chief Magistrate, she made rulings related to the fugitive Indian tycoon
Vijay Mallya Vijay Vittal Mallya (born 18 December 1955) is an Indian businessman, former politician and fugitive. He is the subject of an extradition effort by the Indian Government to return him from the UK to face charges of financial crimes in India. T ...
, and
Zamira Hajiyeva Zamira Shirali qizi Hajiyeva ( az, Zamirə Şirəli qızı Hacıyeva ; born 18 July 1963) is an Azerbaijani expatriate in the United Kingdom. She is married to Jahangir Hajiyev, a former chairman of the International Bank of Azerbaijan who has sin ...
, the first person subject to an
unexplained wealth order An unexplained wealth order (UWO) is a type of court order issued by a Judiciaries of the United Kingdom, British court to compel the target to reveal the sources of their Black money, unexplained wealth. UWOs were introduced by sections 1–2 of ...
.


Julian Assange

Towards the end of 2019, Arbuthnot, who had presided at several of
Julian Assange Julian Paul Assange ( ; Hawkins; born 3 July 1971) is an Australian editor, publisher, and activist who founded WikiLeaks in 2006. WikiLeaks came to international attention in 2010 when it published a series of leaks provided by U.S. Army inte ...
's extradition hearings, stepped aside because of a "perception of bias", apparently linked to her husband.


Uber

Uber Uber Technologies, Inc. (Uber), based in San Francisco, provides mobility as a service, ride-hailing (allowing users to book a car and driver to transport them in a way similar to a taxi), food delivery (Uber Eats and Postmates), package ...
’s application for a five-year licence was rejected by Transport for London in September 2017. In June 2018, Emma Arbuthnot granted Uber a probationary 15 month licence for London. An investigation by ''
The Observer ''The Observer'' is a British newspaper published on Sundays. It is a sister paper to ''The Guardian'' and ''The Guardian Weekly'', whose parent company Guardian Media Group Limited acquired it in 1993. First published in 1791, it is the w ...
'' 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 The Qatar Investment Authority (QIA; ar, جهاز قطر للإستثمار) is Qatar's sovereign wealth fund. The QIA was founded by the State of Qatar in 2005 to strengthen the country's economy by diversifying into new asset classes. In 2021 ...
(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.


Grenfell

In August 2019 Arbuthnot cleared a man accused of filming a
Grenfell Tower Grenfell Tower is a derelict 24-storey residential tower block in North Kensington in London, England. The tower was completed in 1974 as part of the first phase of the Lancaster West Estate. The tower was named after Grenfell Road, which ran to ...
effigy being burned at a
bonfire night Bonfire Night is a name given to various annual celebrations characterised by bonfires and fireworks. The event celebrates different traditions on different dates, depending on the country. Some of the most popular instances include Guy Fawkes ...
party, whilst a group of friends laughed and joked. Her decision was overturned by the High Court in August 2021.


References

{{DEFAULTSORT:Arbuthnot, Emma Dames Commander of the Order of the British Empire 21st-century English judges English women judges Living people
Emma Arbuthnot Emma Louise Arbuthnot, Baroness Arbuthnot of Edrom (née Broadbent), known professionally as Mrs Justice Arbuthnot, is a British High Court judge (England and Wales), High Court judge. Early life and education Emma Louise Broadbent, daughter o ...
Arbuthnot of Edrum Spouses of life peers Lawyers from London 1959 births