David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as
President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a
Lord of Appeal in Ordinary until the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
'
judicial functions were transferred to the new
Supreme Court in 2009, at which point he became
Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a
Non-Permanent Judge of the Hong Kong Court of Final Appeal and formerly served as the Chair of the High Level Panel of Legal Experts on Media Freedom.
He was appointed to the
Singapore International Commercial Court in 2018.
Early life
Neuberger was born on 10 January 1948, the son of
Albert Neuberger,
Professor of Chemical
Pathology
Pathology is the study of disease. The word ''pathology'' also refers to the study of disease in general, incorporating a wide range of biology research fields and medical practices. However, when used in the context of modern medical treatme ...
at
St Mary's Hospital,
University of London
The University of London (UoL; abbreviated as Lond or more rarely Londin in Post-nominal letters, post-nominals) is a collegiate university, federal Public university, public research university located in London, England, United Kingdom. The ...
, and his wife, Lilian. He was born Jewish originating from Germany. His uncle was the noted rabbi
Herman N. Neuberger. All three of his brothers are or were professors:
James Neuberger is Professor of Medicine at the
University of Birmingham
The University of Birmingham (informally Birmingham University) is a Public university, public research university in Birmingham, England. It received its royal charter in 1900 as a successor to Queen's College, Birmingham (founded in 1825 as ...
,
Michael Neuberger was Professor of Molecular Immunology at the University of Cambridge, while
Anthony Neuberger is Professor in Finance at
Warwick Business School,
University of Warwick
The University of Warwick ( ; abbreviated as ''Warw.'' in post-nominal letters) is a public research university on the outskirts of Coventry between the West Midlands and Warwickshire, England. The university was founded in 1965 as part of ...
.
He was educated first at
The Hall School, Hampstead, then
Westminster School, and studied
chemistry
Chemistry is the scientific study of the properties and behavior of matter. It is a physical science within the natural sciences that studies the chemical elements that make up matter and chemical compound, compounds made of atoms, molecules a ...
at
Christ Church, Oxford
Christ Church (, the temple or house, ''wikt:aedes, ædes'', of Christ, and thus sometimes known as "The House") is a Colleges of the University of Oxford, constituent college of the University of Oxford in England. Founded in 1546 by Henry V ...
.
Career
After graduation, Neuberger worked at the
merchant bank
A merchant bank is historically a bank dealing in commercial loans and investment. In modern British usage, it is the same as an investment bank. Merchant banks were the first modern banks and evolved from medieval merchants who traded in comm ...
,
N M Rothschild & Sons, from 1970 to 1973.
Neuberger was
called to the Bar at
Lincoln's Inn
The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
in 1974,
where he became 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 ...
in 1993. 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 ...
in 1987. He was a
Recorder from 1990 to 1 October 1996, when he was appointed a
High Court Judge in the
Chancery Division and received the customary
knighthood.
In 2001, he was made Supervisory Chancery Judge of
Midland, Wales and
Chester
Chester is a cathedral city in Cheshire, England, on the River Dee, Wales, River Dee, close to the England–Wales border. With a built-up area population of 92,760 in 2021, it is the most populous settlement in the borough of Cheshire West an ...
, and of the Western Circuits, a post he held until 12 January 2004, when he was appointed a
Lord Justice of Appeal and a member of the
Privy Council.
Since 2005, he has been co-chair (with
Richard Susskind) of ITAC (Lord Chancellor's Information Technology and Courts Committee.
On 11 January 2007, he succeeded
Lord Nicholls of Birkenhead as a
Lord of Appeal in Ordinary and was made a
life peer
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...
as Baron Neuberger of Abbotsbury, of
Abbotsbury in the County of
Dorset
Dorset ( ; Archaism, archaically: Dorsetshire , ) is a Ceremonial counties of England, ceremonial county in South West England. It is bordered by Somerset to the north-west, Wiltshire to the north and the north-east, Hampshire to the east, t ...
, and
introduced in the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
on 15 January 2007 between
Lord Bingham of Cornhill and his sister-in-law,
Baroness Neuberger.
His rise to the
Court of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
and then to the House of Lords is one of the quickest in recent times. Although
Lord Devlin was, at 55, even younger on his own appointment to the House of Lords in 1960, Lord Neuberger was the youngest sitting Law Lord.
It was announced on 23 July 2009 that he would be appointed the next
Master of the Rolls, succeeding
Lord Clarke of Stone-cum-Ebony, who became one of the inaugural
Justices of the
Supreme Court on the retirement of
Lord Scott of Foscote. This appointment took effect on 1 October 2009.
Between 2006 and 2007, he led an investigation for the
Bar Council into widening access to the Bar. He also served on the Panel on Fair Access to the Professions, led by former
Health Secretary Alan Milburn, which reported in July 2009. Other Panel members included
Trevor Phillips
Sir Mark Trevor Phillips (born 31 December 1953) is a British writer, broadcaster and former politician who served as Chair of the London Assembly from 2000 to 2001 and from 2002 to 2003. He presented ''Sophy Ridge on Sunday, Trevor Phillips ...
, head of the
Commission for Equalities and Human Rights,
Michael Grade
Michael Ian Grade, Baron Grade of Yarmouth (born 8 March 1943) is an English Media proprietor, television executive and businessman. He has held a number of senior roles in television, including controller of BBC1 (1984–1986), chief executive ...
, Chairman of
ITV, and
Martin Rees,
Astronomer Royal.
In July 2012, it was announced that Lord Neuberger would succeed
Lord Phillips of Worth Matravers as
President of the Supreme Court, which post he took up on 1 October 2012. In February 2017, it was announced that Lord Neuberger would retire "in the Summer" from his role in the Supreme Court.
After UK judicial retirement
In 2017 Lord Neuberger served as Treasurer of
Lincoln's Inn
The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
.
In 2018 he was appointed to the Singapore International Commercial Court for a period of three years from 5 January 2018.
He has been reappointed and serves currently as at August 2024.
In 2019 Lord Neuberger advised the Post Office's defence against the claims by 555 sub postmasters that faults in the Post Office's Horizon IT had resulted in the wrongful prosecutions - a key part of the
British Post Office scandal. He advised the Post Office in writing that there were reasonable grounds to apply for the judge in the group litigation to “recuse” himself (withdraw). The advice received much negative publicity, as did the subsequent evidence of
Lord Grabiner about it. The judge did not recuse himself and the challenge was unsuccessful.
Lord Neuberger now sits as a voting cross-bench member of the House of Lords and was the Chair
of the High-Level Panel of Legal Experts on Media Freedom, an independent body convened at the request of the UK and Canadian governments, until his resignation in August 2024.
Controversial presence on the Hong Kong Court of Final Appeal
2009 to August 2024
Lord Neuberger was appointed a Non-Permanent Judge of the
Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
Court of Final Appeal in 2009 and continues in that role. In 2018 he was decorated with the
Gold Bauhinia Star. UK judges serving on the Hong Kong judiciary had come under increasing criticism in the UK due to Hong Kong's national security laws.
Tom Tugendhat, as chairman of the UK's parliamentary foreign affairs select committee in July 2020 questioned whether UK judges ought to continue to serve in this way.
On 6 January 2021 the Chief Justice of the Hong Kong Court of Final Appeal,
Geoffrey Ma Tao-Li, retired. Lord Neuberger delivered (remotely) a farewell address in which he emphasised the demanding nature of the task of upholding and defending the independence of the judiciary in circumstances where media and public figures criticise the judiciary in “very blunt terms.” In his valedictory Reply, Chief Justice Ma explained his understanding of judicial independence with an emphasis on the apolitical discharge of judicial duties. He thanked the Non-Permanent Judges for their perspectives and contributions from other common law jurisdictions, and described their presence as “beneficial to the community.”
By the spring of 2022 serving members of the UK Supreme Court,
Lord Hodge and
Lord Reed, resigned from the Hong Kong judicial panel and criticised the state of civil liberty following the 2020 Hong Kong national security law. The decision to resign was supported by the
Foreign Secretary,
Liz Truss. At the time, aside from Lord Neuberger, other (retired) British judges continued their panel membership, namely
Lord Collins,
Lord Hoffman,
Lord Phillips,
Lord Sumption and
Lord Walker. These six judges issued a joint statement in support of their continued panel participation. The reason given was the decision to support the work of the Hong Kong appellate courts in maintaining the rule of law and in reviewing the acts of the executive on the basis that this was in the interest of the people of Hong Kong.
In March 2024 further impending restrictions on the legal profession were the subject of an expression of serious concern by the
International Bar Association’s Human Rights Institute (IBAHRI). These restrictions were contained in the Hong Kong Safeguarding National Security Law (SNS Law). In May 202
The Committee for Freedom in Hong Kong Foundationargued foreign judges should not sit in Hong Kong or lend their prestige to the Hong Kong Court. On the 6 June 2024 Lords Collins and Sumption resigned from the Hong Kong judicial panel. Hong Kong Chief Executive,
John Lee, regretted these resignations and emphasised the independence of the judges from interference. In the week following these resignations, Lord Neuberger resisted pressure to resign. Lords Phillips and Hoffman continued also to serve.
Lord Falconer of Thornton described non-resignation as “untenable”. At this point the
Jimmy Lai trial was ongoing.
August 2024 onwards
On Monday 12 August 2024, the Hong Kong Court of Final Appeal upheld the conviction and imprisonment of 76 year old British citizen and democracy campaigner Jimmy Lai, for taking part in an unauthorised procession in 2019. This decision was described as "unjust" by
Lord Patten, the last British governor of Hong Kong. Lord Neuberger was a member of the court. This created a hostile uproar in the British press: the trial was described as an insult to justice and Lord Neuberger's participation as giving the Hong Kong authorities "a veneer of legitimacy." Letters to
the Times
''The Times'' is a British Newspaper#Daily, daily Newspaper#National, national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its modern name on 1 January 1788. ''The Times'' and its si ...
from distinguished lawyers continued the debate as to whether Lord Neuberger ought morally to resign from the court.
Michael Thomas KC insisted not.
Derek Wood KC expressed the view Lord Neuberger should reconsider his position.
Period of recent Hong Kong appointments
In March 2021 Lord Neuberger was reported in the legal press as agreeing to a further three-year term expiring in February 2024. The Chief Executive of Hong Kong extended the appointment of Lord Neuberger for a further three years commencing on 1 March 2024.
Consequences of Jimmy Lai conviction
As a Non-Permanent Judge of the Hong Kong Court of Final Appeal, Lord Neuberger is flown into Hong Kong and paid approximately £40,000 for each month-long visit. He sat on the final appeal panel which unanimously dismissed a bid by pro-democracy activist
Jimmy Lai and six others to overturn all their various convictions for taking part in a peaceful protest in August 2019.
For his participation in the judgment, Lord Neuberger was called "delusional" by Hong Kong's last governor, Lord Patten, and subsequently resigned from the Media Freedom Coalition.
In its article about the furore over the conviction and subsequent resignation,
The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
noted that the Hong Kong government condemned Lord Patten's “wanton personal vilifications.”
Lord Neuberger in his resignation letter attributed the resignation to "focus on my position as a non-permanent judge in Hong Kong" which might impact or distract from the work of the High Level Panel.
Reporters Without Borders
Reporters Without Borders (RWB; ; RSF) is an international non-profit and non-governmental organisation, non-governmental organization headquartered in Paris, which focuses on safeguarding the right to freedom of information. It describes its a ...
(RSF) in its post about it described the resignation as “necessary to protect the independence and integrity of the High Level Panel.”
Honorary appointments
2024
Lord Neuberger as at 17 August 2024 was President of
The Academy of Experts and of th
British Institute of International & Comparative Law(BIICL). He was chair of the Board of th
Institute of Family Law Arbitrators and a Member of
the Tate Ethics Committee and of the
Francis Crick Institute Ethics Committee. He was also Member of the advisory board o
Grit He was trustee of th
Centre for German-Jewish Studies at the University of Sussex and of
Mental Health Research UK. He was trustee and director of associated companies for
Prisoners Abroad, for th
Thrombosis Research Instituteand for The
Westminster School Foundation (UK) Limited.
Historical
Neuberger was Chairman of the Schizophrenia Trust from 2003 to 2013, when it merged with and was subsumed by Mental Health Research UK. He was a Governor of the
University of the Arts London
The University of the Arts London is a public collegiate university in London, England, United Kingdom. It specialises in arts, design, fashion, and the performing arts. The university is a federation of six arts colleges: Camberwell College of ...
between 2000 and 2010. He was President of the
British Records Association from 2009 to 2012, in his capacity as Master of the Rolls. On 18 May 2020 he was appointed as Deputy President of The Academy of Experts and replaced
Mark Saville, Baron Saville of Newdigate as President in late 2020.
Awards and honours
He was elected an Honorary
Fellow of the Royal Society
Fellowship of the Royal Society (FRS, ForMemRS and HonFRS) is an award granted by the Fellows of the Royal Society of London to individuals who have made a "substantial contribution to the improvement of natural science, natural knowledge, incl ...
in 2017.
In 2018, Lord Neuberger was awarded the Gold Bauhinia Star by the Chief Executive of Hong Kong.
Cases
Notable cases or comments
In May 2010, Lord Neuberger gave an ''
ex tempore'' dissenting judgment that the trade union
Unite had not complied with ballot rules under
trade union legislation.
In July 2010 Lord Neuberger ruled that peace protesters in
Parliament Square who had camped out in Democracy Village should be evicted after the protesters lost an appeal.
In May 2011, while commenting on
super injunctions, he said that social media sites like Twitter were "totally out of control" and society should consider ways to bring such websites under control.
Other selected cases
*''
Akici v L R Butlin Ltd''
006WLR 601
*''
In re Osiris Insurance Ltd''
9911 BCLC 182
*''
Re Park House Properties''
9972 BCLC 530
*''
Yuen v McDonald's Corp'' (Chancery Division, 27 November 2001) ''
The Daily Telegraph
''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
'', 6 December 2001
*''
Re T&D Industries plc''
000BCC 956
*''
Krasner v McMath''
005*''
St Helen's MBC v Derbyshire''
007UKHL 16,
007ICR 841
*''
Stack v Dowden''
0072 AC 432, Lord Neuberger gave a powerful dissenting speech in which he warned the majority of violating "principle", departing from established precedence and complicating judicial tasks.
*''
Ladele v London Borough of Islington''
009
*''
British Airways plc v Unite the Union''
010EWCA Civ
*''
Manchester City Council v Pinnock''
010UKSC 45, Lord Neuberger MR sitting in the Supreme Court along with 8 other Justices giving the only judgment,
*''
The Public Prosecution Service v William Elliott and Robert McKee''
013UKSC 32
*''
FHR European Ventures LLP v Cedar Capital Partners LLC''
014UKSC 45
*''
Jetivia SA v Bilta (UK) Limited (in liquidation)''
015UKSC 23
*''
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd''
015UKSC 72
Significant lectures
On 24 February 2014, Lord Neuberger delivered at
Cambridge University
The University of Cambridge is a Public university, public collegiate university, collegiate research university in Cambridge, England. Founded in 1209, the University of Cambridge is the List of oldest universities in continuous operation, wo ...
the
Freshfields annual lecture, which he entitled "The British and Europe".
Personal life
In 1976, Neuberger married Angela Holdsworth, the TV producer and writer. They have three children, Jessica, Nicholas and Max, who are all solicitors.
Neuberger's sister-in-law, through his brother
Anthony Neuberger, is
Julia Neuberger, Baroness Neuberger, Senior Rabbi of the
West London Synagogue.
References
Further reading
*
{{DEFAULTSORT:Neuberger, David
1948 births
Living people
People educated at The Hall School, Hampstead
People educated at Westminster School, London
Alumni of Christ Church, Oxford
20th-century English judges
English Jews
Neuberger of Abbotsbury
Crossbench life peers
Members of the Privy Council of the United Kingdom
Chancery Division judges
Members of Lincoln's Inn
Members of the Judicial Committee of the Privy Council
Masters of the Rolls
Justices of the Court of Final Appeal (Hong Kong)
Presidents of the Supreme Court of the United Kingdom
Knights Bachelor
David
David (; , "beloved one") was a king of ancient Israel and Judah and the third king of the United Monarchy, according to the Hebrew Bible and Old Testament.
The Tel Dan stele, an Aramaic-inscribed stone erected by a king of Aram-Dam ...
English people of German-Jewish descent
Honorary Fellows of the Royal Society
Rothschild & Co people
Judges of the Supreme Court of the United Kingdom
21st-century English judges