Sir Henry Arthur Pears Fisher (20 January 1918 – 10 April 2005) was an English lawyer who served as a
judge of the High Court of England and Wales and as President of
Wolfson College, Oxford
Wolfson College () is a constituent college of the University of Oxford in England. Located in north Oxford along the River Cherwell, Wolfson is an all-graduate college with around sixty governing body fellows, in addition to both research and ...
.
Early life and education
Fisher was born at The Hall,
Repton
Repton is a village and civil parish in the South Derbyshire district of Derbyshire, England, located on the edge of the River Trent floodplain, about north of Swadlincote. The population taken at the 2001 Census was 2,707, increasing to 2,8 ...
,
Derbyshire
Derbyshire ( ) is a ceremonial county in the East Midlands, England. It includes much of the Peak District National Park, the southern end of the Pennine range of hills and part of the National Forest. It borders Greater Manchester to the nor ...
, the eldest of six sons of
Geoffrey Francis Fisher, Baron Fisher of Lambeth, at the time of Harry's birth the headmaster of
Repton
Repton is a village and civil parish in the South Derbyshire district of Derbyshire, England, located on the edge of the River Trent floodplain, about north of Swadlincote. The population taken at the 2001 Census was 2,707, increasing to 2,8 ...
, later
Bishop of Chester
The Bishop of Chester is the Ordinary of the Church of England Diocese of Chester in the Province of York.
The diocese extends across most of the historic county boundaries of Cheshire, including the Wirral Peninsula and has its see in the C ...
and of
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
, and
Archbishop of Canterbury
The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...
.
A younger brother was
Charles
Charles is a masculine given name predominantly found in English language, English and French language, French speaking countries. It is from the French form ''Charles'' of the Proto-Germanic, Proto-Germanic name (in runic alphabet) or ''*k ...
, who would become headmaster of three independent schools in Australia.
Fisher went to school at
Marlborough College
Marlborough College is a Public school (United Kingdom), public school (English Independent school (United Kingdom), independent boarding school) for pupils aged 13 to 18 in Marlborough, Wiltshire, England. Founded in 1843 for the sons of Church ...
and went on to
Christ Church, Oxford
Christ Church ( la, Ædes Christi, the temple or house, '' ædēs'', of Christ, and thus sometimes known as "The House") is a constituent college of the University of Oxford in England. Founded in 1546 by King Henry VIII, the college is uniqu ...
where in 1938 he obtained a First in
Classical Honour Moderations. His
Literae Humaniores studies were curtailed by the outbreak of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, and after a year and a half he took a War Degree (unclassified).
Second World War
In 1940, Fisher joined the
Leicestershire Regiment
The Leicestershire Regiment (Royal Leicestershire Regiment after 1946) was a line infantry regiment of the British Army, with a history going back to 1688. The regiment saw service for three centuries, in numerous wars and conflicts such as both W ...
and remained with it until 1946. He was posted to
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
and served also in
Burma
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John Wells explai ...
and
Malaya. He left the army in 1946 with the rank of
lieutenant-colonel
Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colonel. ...
, having been
mentioned in despatches
To be mentioned in dispatches (or despatches, MiD) describes a member of the armed forces whose name appears in an official report written by a superior officer and sent to the high command, in which their gallant or meritorious action in the face ...
.
Bar
He read for the Bar and was called by the
Inner Temple
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and Wal ...
in 1946. In the same year he entered the Prize Fellowship examination at
All Souls, applying as a candidate in Law, even though he had not read for a law degree. He was elected in November 1946 and began a long connection with the college in various categories of fellowship. Between 1961 and 1966 he held the office of Estates Bursar, at a time when he was working as a silk and regularly appearing in court and giving advice.
Fisher was a junior counsel from 1946 to 1960, in which year he
took silk
In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
. He was head of chambers at One Hare Court before Patrick Neill, Roger Parker, Gordon Slynn, then
Richard Southwell QC
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong ...
After service on the
Bar Council
{{see also, Bar association
A bar council ( ga, Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profess ...
he was Chairman of the Bar from 1966 to 1968.
Bench
At the beginning of 1968 Fisher was appointed a
High Court Judge in the
Queen's Bench division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.
It hears appeals on point ...
. In July 1968 he was the junior member in a
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 ...
decision that quashed the conviction for
obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
entered against the publishers of ''
Last Exit to Brooklyn
''Last Exit to Brooklyn'' is a 1964 novel by American author Hubert Selby Jr. The novel takes a harsh, uncompromising look at lower class Brooklyn in the 1950s written in a brusque, everyman style of prose.
Critics and fellow writers praised ...
''. This case sounded the death knell for prosecutions on the grounds of
obscenity
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
of books with
literary merit
Artistic merit is the artistic quality or value of any given work of art, music, film, literature, sculpture or painting.
Obscenity and literary merit
The 1921 US trial of James Joyce's novel ''Ulysses'' concerned the publication of the ''Nausi ...
.
Much of his time on the bench was spent out of London trying criminal cases, and living in judges' lodgings.
City of London
Missing the intellectual challenge of arguing complex cases he concluded that he had made a mistake and resigned from
his judicial appointment in 1970. He moved to the
City of London
The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London fr ...
and became a director of
J. Henry Schroder Wagg & Co under the chairmanship of his friend
Gordon Richardson (later
Governor of the Bank of England
The governor of the Bank of England is the most senior position in the Bank of England. It is nominally a civil service post, but the appointment tends to be from within the bank, with the incumbent grooming their successor. The governor of the Ba ...
).
From 1981 to 1987 he was Chairman of the Appeal Committee of the
Take-over Panel, and founder chairman of Imro (the Investment Management Regulatory Organisation).
Academia
In 1973 he became a member of the Governing Body of
Imperial College
Imperial College London (legally Imperial College of Science, Technology and Medicine) is a public research university in London, United Kingdom. Its history began with Prince Albert, consort of Queen Victoria, who developed his vision for a cu ...
, and from 1975 to 1988 was its chairman. In 1975, he was elected President of
Wolfson College, Oxford
Wolfson College () is a constituent college of the University of Oxford in England. Located in north Oxford along the River Cherwell, Wolfson is an all-graduate college with around sixty governing body fellows, in addition to both research and ...
, on the retirement of its founding president,
Isaiah Berlin
Sir Isaiah Berlin (6 June 1909 – 5 November 1997) was a Russian-British social and political theorist, philosopher, and historian of ideas. Although he became increasingly averse to writing for publication, his improvised lectures and talks ...
. It was this position which Fisher put first in his
Who's Who
''Who's Who'' (or ''Who is Who'') is the title of a number of reference publications, generally containing concise biography, biographical information on the prominent people of a country. The title has been adopted as an expression meaning a gr ...
entry. He presided over Wolfson's move from temporary premises to its newly completed buildings on the banks of the
River Cherwell
The River Cherwell ( or ) is a tributary of the River Thames in central England. It rises near Hellidon, Northamptonshire and flows southwards for to meet the Thames at Oxford in Oxfordshire.
The river gives its name to the Cherwell local g ...
. During his time at Wolfson he took and completed an
Open University
The Open University (OU) is a British public research university and the largest university in the United Kingdom by number of students. The majority of the OU's undergraduate students are based in the United Kingdom and principally study off- ...
degree in mathematics.
He was chairman of the
Howard League for Penal Reform
The Howard League for Penal Reform is a registered charity in the United Kingdom. It is the oldest penal reform organisation in the world, named after John Howard. It was founded as the Howard Association in 1866 and changed its name in 1921, ...
from 1983 to 1991.
Enquiries
During this time he was frequently called upon to undertake the chairmanship of high-profile enquiries. In the
Confait inquiry (1975–77) Fisher was asked by
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
to examine a gravely flawed prosecution which had resulted in the conviction of three young men for arson, murder and manslaughter. On a reference by the
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
, 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 ...
presided over by
Lord Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986.
Early life and education
Scarman was born in Streatham but grew up on the bo ...
had quashed all the convictions. In the ensuing investigation, Fisher concluded that there had been a blatant disregard of the
Judges' Rules
The Judges' Rules are a set of guidelines about police and questioning and the acceptability of the resulting statements and confessions as evidence in court. Originally prepared for police in England, the Rules and their successor documents ha ...
(although his report controversially supported some of the quashed convictions). His report recommended radical changes to the system and led directly to the appointment of the
Philipps Commission and thence to the enactment of the
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise ...
and the
Prosecution of Offences Act 1985
The Prosecution of Offences Act 1985 (c. 23) was an Act of Parliament in the United Kingdom. Its main effects were to establish the Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conductin ...
. The following year the
Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
The main responsibilities of the CPS are to provide legal adv ...
was established.
In 1979, Fisher was asked by
Lloyd's of London
Lloyd's of London, generally known simply as Lloyd's, is an insurance and reinsurance market located in London, England. Unlike most of its competitors in the industry, it is not an insurance company; rather, Lloyd's is a corporate body gov ...
to conduct an inquiry into self-regulation at the institution. The following year his report recommended the adoption of a new constitution which he had drafted, including the creation of a new governing council and effective disciplinary procedures. It brought in protection for council members from claims for negligence: liability was made to depend on bad faith. Subsequently Fisher drafted the Lloyd's Act of 1982, alongside
Richard Southwell QC
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong ...
.
References
Sources
Obituaryin ''
The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'', by
Patrick NeillCommentary on obituaryby
Louis Blom-Cooper
Sir Louis Jacques Blom-Cooper (27 March 1926 – 19 September 2018) was an English author and lawyer specialising in public and administrative law.
Early life
Born in London, his parents were the grocer Alfred Blom-Cooper and Ellen Flesseman. ...
Obituaryby
Richard Southwell QC
Richard is a male given name. It originates, via Old French, from Old Frankish and is a compound of the words descending from Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong ...
{{DEFAULTSORT:Fisher, Harry
1918 births
2005 deaths
People educated at Marlborough College
British Army personnel of World War II
Alumni of the Open University
Alumni of Christ Church, Oxford
Royal Leicestershire Regiment officers
20th-century English judges
Fellows of All Souls College, Oxford
Presidents of Wolfson College, Oxford
Knights Bachelor
Sons of life peers