Sir Andrew Ewart McFarlane (born 20 June 1954) is a British judge. He was 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) Just ...
in
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
from 2011 to 2018, and became
President of the Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...
in July 2018 upon Sir
James Munby
Sir James Lawrence Munby (born 27 July 1948) is a retired English judge who was President of the Family Division of the High Court of England and Wales. He was replaced by Sir Andrew McFarlane on reaching the mandatory retirement age.
Early l ...
’s retirement from that office.
Early life and education
McFarlane was brought up in
Solihull
Solihull ( ) is a market town and the administrative centre of the Metropolitan Borough of Solihull, in the West Midlands (county), West Midlands, England. Solihull is situated on the River Blythe in the Arden, Warwickshire, Forest of Arden ar ...
,
West Midlands, before moving to
Crosby, Merseyside
Crosby is a coastal town in the Metropolitan Borough of Sefton, Merseyside, England. it is north of Bootle, south of Southport and Formby, and west of Netherton, Merseyside, Netherton. It abuts the areas of Blundellsands to the north and Water ...
.
He was educated at
Shrewsbury School
Shrewsbury School is a Public school (United Kingdom), public school in Shrewsbury.
Founded in 1552 by Edward VI by royal charter, to replace the town's Saxon collegiate foundations which were disestablished in the sixteenth century, Shrewsb ...
and studied law at
Collingwood College, Durham, and graduated in 1975. He was an early member of Durham University Sensible Thespians (later renamed
The Durham Revue), a sketch comedy group founded in 1973.
Legal career
McFarlane 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 1977 and has been a
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher c ...
since 2003. He began his
pupillage
A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...
in London at chancery chambers before moving to 2 Fountain Court in
Birmingham
Birmingham ( ) is a City status in the United Kingdom, city and metropolitan borough in the metropolitan county of West Midlands (county), West Midlands, within the wider West Midlands (region), West Midlands region, in England. It is the Lis ...
(now St Philips Chambers). While there, he and David Hershman wrote ''Hershman and McFarlane: Children Law and Practice''. He then moved to 1 King’s Bench Walk in
Temple, London
The Temple is an area or precinct of the City of London surrounding Temple Church. It is one of the main legal districts in London and a notable centre for English law, from the Middle Ages to the present day. It consists of the Inner Temple an ...
in 1994.
In 1998, he became a
Queen's Counsel
A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
.
He was appointed an Assistant Recorder in 1995, a Recorder in 1999 and a deputy High Court Judge in 2000. He was appointed as a judge of the
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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...
on 18 April 2005 and assigned to the
Family 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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...
, receiving the customary
knighthood
A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity.
The concept of a knighthood ...
. McFarlane was the Family Division Liaison Judge for the Midland
Circuit from 2006 until his appointment as 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) Just ...
on 28 July 2011, whereupon he received the customary appointment to the
Privy Council. On 28 July 2018, he was appointed
President of the Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...
.
He was, until January 2019, the President of Tribunals and Chair of the Clergy Discipline Commission of the
Church of England
The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
under the Clergy Discipline Measure 2003.
In 2021, McFarlane ordered that the
will
Will may refer to:
Common meanings
* Will and testament, instructions for the disposition of one's property after death
* Will (philosophy), or willpower
* Will (sociology)
* Will, volition (psychology)
* Will, a modal verb - see Shall and will
...
of
Prince Philip, Duke of Edinburgh
Prince Philip, Duke of Edinburgh (born Prince Philip of Greece and Denmark, later Philip Mountbatten; 10 June 19219 April 2021), was the husband of Queen Elizabeth II. As such, he was the consort of the British monarch from h ...
would be sealed for at least 90 years.
The original will and its envelope, alongside at least thirty others belonging to various members of the Royal Family now deceased, are stored in a safe and retained in the custody of the
President of the Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales and head of Family Justice. The Family Division was created in 1971 when Admiralty and contentious probate cases were remove ...
.
References
{{DEFAULTSORT:Mcfarlane, Andrew
1954 births
Living people
People educated at Shrewsbury School
Alumni of Collingwood College, Durham
Family Division judges
Knights Bachelor
Members of the Privy Council of the United Kingdom
Lord justices of appeal
Presidents of the Family Division
People from Solihull