Arden LJ
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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. 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 Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...
.


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 populat ...
, 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 solicitors. 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. 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 statu ...
, 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 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 scho ...
.


Career

She was called to the bar 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 W ...
in 1971, and joined Lincoln's Inn 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 (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 in 1999. On 2 October 2000, she was also appointed to the Court of Appeal. 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 aris ...
in the Hague. Arden's appointment to the Supreme Court of the United Kingdom, 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 English, British term for a chapel dedicated to "Our Lady", Mary, mother of Jesus, particularly those inside a cathedral or other large church (building), church. The chapels are also known as ...
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 th ...
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 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 o ...
(QC) in 1986. * She was awarded Dame Commander of the Order of the British Empire 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 statu ...
in 1995. * She was appointed to the Court of Appeal on 2 October 2000. At this time She was appointed to the Privy Council of the United Kingdom. This gave her the Honorific Title "
The Right Honourable ''The Right Honourable'' (abbreviation: ''Rt Hon.'' or variations) is an honorific Style (form of address), style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth ...
" 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 and Liverpool John Moores University. * 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 hon ...
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.D) from the
University of Nottingham , mottoeng = A city is built on wisdom , established = 1798 – teacher training college1881 – University College Nottingham1948 – university status , type = Public , chancellor ...
.


Judgments

Arden's judgments include: *'' Hutchinson Personal Communications Ltd v. Hook Advertising Ltd'' - English contract law 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
''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 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 concerning the doctrine of consideration and promissory estoppel 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'' *'' 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
Portrait
at_the_National_Portrait_Gallery_(United_Kingdom).html" ;"title="English_unjust_enrichment.html" ;"title="014
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
Portrait
at the National Portrait Gallery (United Kingdom)">National Portrait Gallery
Judiciary biography
{{DEFAULTSORT:Arden of Heswall, Mary Arden, Lady 1947 births Living people Alumni of Girton College, Cambridge Harvard Law School alumni Kennedy Scholarships Attorneys-General of the Duchy of Lancaster English women judges British women lawyers Chancery Division judges Dames Commander of the Order of the British Empire English barristers Fellows of Girton College, Cambridge Judges of the Supreme Court of the United Kingdom Lady Justices of Appeal Members of the Privy Council of the United Kingdom English King's Counsel Spouses of life peers Mance Lawyers from Liverpool 21st-century women judges Wives of knights