Andrew McFarlane (judge)

{{Short description|British judge}}

{{Use dmy dates|date=September 2019}}

{{Use British English|date=August 2022}}

{{Infobox officeholder

| honorific-prefix = The Right Honourable

| honorific-suffix =

| name = Sir Andrew McFarlane

| image = Sir Andrew McFarlane 2018.jpg

| caption = McFarlane in 2018

| office = President of the Family Division

| monarch = Elizabeth II
Charles III

| term_start = 27 July 2018

| term_end =

| predecessor = Sir James Munby

| successor =

| office1 = Lord Justice of Appeal

| term_start1 = 28 July 2011

| term_end1 = 27 July 2018

| birth_date = {{Birth date and age|df=yes|1954|06|20}}

| alma_mater = Collingwood College, Durham University

}}

Sir Andrew Ewart McFarlane {{post-nominals|country=GBR|size=100%|PC}} (born 20 June 1954){{cite web|url=http://www.judiciary.gov.uk/about-the-judiciary/judges-magistrates-and-tribunal-judges/list-of-members-of-the-judiciary/senior-judiciary-list |title=Senior Judiciary |publisher=www.judiciary.gov.uk |url-status=dead |archive-url=https://web.archive.org/web/20180628184318/https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/senior-judiciary-list/ |archive-date=28 June 2018 }} is a British judge. He was a Lord Justice of Appeal in England and Wales from 2011 to 2018, and became President of the Family Division in July 2018 upon Sir James Munby’s retirement from that office.

Early life and education

McFarlane was brought up in Solihull, West Midlands, before moving to Crosby, Merseyside.{{Cite web|title=The family justice man: Sir Andrew McFarlane P|url=https://www.counselmagazine.co.uk/articles/the-family-justice-man-sir-andrew-mcfarlane-p|access-date=2021-08-10|website=Counsel Magazine|language=en}} He was educated at Shrewsbury School and studied law at Collingwood College, Durham, and graduated in 1975.{{Cite web|url=http://issuu.com/communicationsoffice/docs/woodwords2010-11?mode=window&backgroundColor=%23222222|title = Wood Words 2010/11}} He was an early member of Durham University Sensible Thespians (later renamed The Durham Revue), a sketch comedy group founded in 1973.{{cite web |title=The Durham Revue Reunion 2018 - Dunelm |url=https://www.dunelm.org.uk/events/durham-revue-reunion-2018 |website=Dunelm |accessdate=3 August 2019}}

Legal career

McFarlane was called to the bar at Gray's Inn in 1977 and has been a Bencher since 2003. He began his pupillage in London at chancery chambers before moving to 2 Fountain Court in Birmingham (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 in 1994. In 1998, he became a Queen's Counsel.

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 on 18 April 2005{{London Gazette |issue=57620 |page=5195 |date=21 April 2005}} and assigned to the Family Division, receiving the customary knighthood. McFarlane was the Family Division Liaison Judge for the Midland Circuit from 2006 until his appointment as a Lord Justice of Appeal{{cite press release |url=http://www.number10.gov.uk/news/press-notices/2011/06/appointment-of-lord-justices-of-appeal-65193 |title=Appointment of Lords Justices of Appeal |publisher=number10.gov.uk |date=30 June 2011 |accessdate=30 June 2011| archiveurl= https://web.archive.org/web/20110705070033/http://www.number10.gov.uk/news/press-notices/2011/06/appointment-of-lord-justices-of-appeal-65193 |archivedate=5 July 2011 |url-status = live}} on 28 July 2011,{{London Gazette |issue=59867 |page=14721 |date=2 August 2011}} whereupon he received the customary appointment to the Privy Council. On 28 July 2018, he was appointed President of the Family Division.{{Cite web|title=Biography of The Rt Hon Sir Andrew McFarlane, President of the Family Division and Chair of the Family Justice Council|url=https://www.judiciary.uk/biography-of-the-rt-hon-sir-andrew-mcfarlane-president-of-the-family-division-and-chair-of-the-family-justice-council/|access-date=2021-08-10|website=www.judiciary.uk|language=en-US}}

He was, until January 2019, the President of Tribunals and Chair of the Clergy Discipline Commission of the Church of England under the Clergy Discipline Measure 2003.{{cite web|title=Clergy Discipline Commission|url=https://www.churchofengland.org/about-us/structure/churchlawlegis/clergydiscipline/cdc.aspx|accessdate=20 October 2017}}

In 2021, McFarlane ordered that the will of Prince Philip, Duke of Edinburgh would be sealed for at least 90 years.{{cite news |last1=Media |first1=P. A. |title=Prince Philip’s will to remain secret for 90 years, high court rules |url=https://www.theguardian.com/uk-news/2021/sep/17/prince-philip-duke-edinburgh-will-secret-90-years-queen-dignity |access-date=14 February 2024 |work=The Guardian |date=16 September 2021}} 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.[https://www.bailii.org/ew/cases/EWHC/Fam/2021/77.html Re: The Will of His late Royal Highness The Prince Philip, Duke of Edinburgh [2021] EWHC 77 (Fam)] at [14]{{Cite web |date=2023-02-16 |title=Procedural Note: The procedure for unsealing 90-year-old Royal wills |url=https://www.judiciary.uk/guidance-and-resources/the-procedure-for-unsealing-90-year-old-royal-wills/#related_content |access-date=2025-02-28 |website=Courts and Tribunals Judiciary |language=en-US}}

References