Mary Howarth Arden, Baroness Mance, ,
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
Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president. The Supreme Court is the highest court of the United Kingdom for civil and crimi ...
. Before that, she was a judge of the
Court of Appeal of England and Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wal ...
.
Early life and education
Mary Howarth Arden was born in
Liverpool
Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a popul ...
, the daughter of Lieutenant-Colonel Eric Cuthbert Arden, of
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.
Before local government reorganisation on 1 April 1974 it was part of the administr ...
, Cheshire, a solicitor who had served with the
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) ...
, and Mary Margaret (née Smith). Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of
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 ...
s. Her father and brother, Roger, joined the family firm which merged with
Hill Dickinson
Hill Dickinson is a British international commercial law firm headquartered in Liverpool, United Kingdom. With more than 175 partners and 840 staff, the firm operates from five UK offices and four overseas offices.
History
Hill Dickinson's ori ...
in 2007.
She was brought up in south Liverpool and educated at
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 ...
.
She read law at
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 ...
, where she gained a starred first and an
LLM
A Master of Laws (M.L. or LL.M.; Latin: ' or ') 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 mos ...
,
and an
LLM
A Master of Laws (M.L. or LL.M.; Latin: ' or ') 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 mos ...
degree at
Harvard Law School
Harvard Law School (Harvard Law or 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.
Each class ...
in 1970 as a
Kennedy Scholar
Kennedy Scholarships provide full funding for up to ten British post-graduate students to study at either Harvard University or the Massachusetts Institute of Technology (MIT). Susan Hockfield, the sixteenth president of MIT, described the schol ...
.
Career
She was
called to the bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
at
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
in 1971,
and joined
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. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
in 1973. She practised at Erskine Chambers from 1971 to 1993, mainly in
company law.
She became a
QC in 1986, and served as
Attorney-General of the Duchy of Lancaster {{Use dmy dates, date=April 2022
The Attorney-General of the Duchy of Lancaster is the law officer of the Crown for matters arising in the Duchy of Lancaster.
Attorneys-General
*1478–1483: Richard Empson
*1519–1522: John Hales
*1522–1526: Ed ...
.
She is an Honorary Fellow of
Royal Holloway
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 departm ...
, University of London, and of Liverpool John Moores University.
She was appointed to the
High Court on 30 April 1993,
becoming the first female High Court judge to be assigned to the
Chancery Division
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 (England ...
. As is customary, she was appointed a
Dame Commander of the 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 o ...
(DBE) at the same time. Her husband joined 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 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
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
from 1996-99.
Her husband became a
Lord Justice of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice ...
in 1999. On 2 October 2000, she was also appointed 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 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.
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.
She is a member of the
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 ...
in the Hague.
Arden's appointment 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 ...
, replacing her husband on the court, was announced in June 2018, to take effect on 1 October 2018. 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
Brian Francis Kerr, Baron Kerr of Tonaghmore, (; 22 February 19481 December 2020) was a Northern Irish barrister and a senior judge who was Lord Chief Justice of Northern Ireland and then a Justice of the Supreme Court of the United Kingdom. ...
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.
Personal life
She married
Jonathan Mance (now Lord Mance, former
Deputy President of the Supreme Court of the United Kingdom
The Deputy President of the Supreme Court of the United Kingdom is the second most senior judge of the Supreme Court of the United Kingdom, after the President of the Supreme Court. The office is equivalent to the now-defunct position of Second ...
) in the
Lady Chapel
A Lady chapel or lady chapel is a traditional British term for a chapel dedicated to "Our Lady", Mary, mother of Jesus, particularly those inside a cathedral or other large church. The chapels are also known as a Mary chapel or a Marian chapel, an ...
at
Liverpool Cathedral
Liverpool Cathedral is the Cathedral of the Anglican Diocese of Liverpool, built on St James's Mount in Liverpool, and the seat of the Bishop of Liverpool. It may be referred to as the Cathedral Church of Christ in Liverpool (as recorded in the ...
in 1973; they have three children together,
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.
Honours
* She was appointed as a
Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
(QC) in 1986.
* She was awarded
Dame Commander of the 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 o ...
in the Civil Division on 30 April 1993 upon being made a
High Court Judge. This gave her the right to be referred to as Dame Mary Arden.
* She was elected an
Honorary Fellow
Honorary titles (professor, reader, lecturer) 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 m ...
of
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 ...
in 1995.
* She was appointed 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 ...
on 2 October 2000. At this time She was appointed to the
Privy Council of the United Kingdom
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of e ...
. This gave her the
Honorific Title "
The Right Honourable
''The Right Honourable'' ( abbreviation: ''Rt Hon.'' or variations) 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 ...
" for Life.
* She is an
Honorary Fellow
Honorary titles (professor, reader, lecturer) 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 m ...
of
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 departm ...
and
Liverpool John Moores University
, mottoeng = Fortune favours the bold
, established = 1823 – Liverpool Mechanics' School of Arts1992 – Liverpool John Moores University
, type = Public
, endowment =
, coor ...
.
* In 2002 she was awarded the
Honorary degree
An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
of
Doctor of Laws
A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL. ...
(LL.D) from the
University of Nottingham
The University of Nottingham is a public university, 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 t ...
.
Judgments
Arden's judgments include:
*''
Hutchinson Personal Communications Ltd v. Hook Advertising Ltd'' -
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 ...
case, ruling that clients cannot take creative work pitched to them speculatively without a prior agreement.
[The history of advertising 17 - Chris Joseph's silver hook](_blank)
''campaignlive.co.uk'', 3 June 2011
*''
Price Meats v Barclays Bank''
*''
Bankway Properties Ltd v Pensfold-Dunsford''
*''
Pennington v Waine
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.
Fa ...
'' -
English trusts law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...
concerning the requirements for a trust to be properly constituted, and the operation of
constructive trusts
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enri ...
.
*''
Item Software (UK) Ltd v Fassihi and others''
*''
Citibank v MBIA''
*''
Collier v P & MJ Wright (Holdings) Ltd'' -
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 ...
concerning the doctrine of
consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions.
The court in ''Currie v Misa'' declared ...
and
promissory estoppel
A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...
in relation to "alteration promises".
*''
McCarthy v Secretary of State for the Home Department''
*''
C (A Child) v XYZ CC''
*''
R. (on the application of S) v Secretary of State for the Home Office
R. or r. may refer to:
* ''Reign'', the period of time during which an Emperor, king, queen, etc., is ruler.
* '' Rex'', abbreviated as R., the Latin word meaning King
* ''Regina'', abbreviated as R., the Latin word meaning Queen
* or , abbreviat ...
''
*''
Cooper v Attorney General''
*''
Relfo Ltd v Varsani''
[ EWCA_Civ_360]
/ref>_-__ EWCA_Civ_360
/ref>_-__English_unjust_enrichment">014
EWCA_Civ_360
/ref>_-__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)
_Arms
_References
_External_links
Oration
on_being_awarded_an_Honorary_Fellowship_of_Liverpool_John_Moores_University_
_,__mottoeng_______________=_Fortune_favours_the_bold
_,__established____________=_1823_–_Liverpool_Mechanics'_School_of_Arts1992_–_Liverpool_John_Moores_University
_,__type___________________=_Public
_,__endowment______________=_
_,__coor__...