Emma Arbuthnot
{{Short description|British judge (born 1959)}}
{{Use dmy dates|date=October 2023}}
{{Infobox officeholder
| name = Mrs Justice Arbuthnot
| honorific_prefix = The Right Honourable
| honorific_suffix = {{Post-nominals|DBE|size=100%}}
| image = Royal Coat of Arms of the United Kingdom (Tudor crown).svg
| image_size = 130px
| caption = Royal coat of arms of the United Kingdom
| birth_date = {{Birth date and age|1959|1|09|df=yes}}
| office = High Court Judge
Family Division
| 1blankname = Division
| 1namedata = Family (High Court of Justice)
| termstart = 1 February 2021
| monarch = Elizabeth II
Charles III
| birth_name = Emma Louise Broadbent
| birth_place = Macclesfield, Cheshire, England
| nationality = British
| education = Lycée Français de Londres
| alma_mater = Queen Mary College, London
| spouse = {{Marriage|James Arbuthnot|1984}}
Baron Arbuthnot of Edrom (cr. 2015)
| children = 4
| father = Michael Broadbent
| relatives = Bartholomew Broadbent (bro);
Broadbent baronets (kinsmen)
| occupation = Barrister; judge
| profession = Law
}}
Emma Louise Arbuthnot, Baroness Arbuthnot of Edrom, {{post-nominals|country=GBR|size=100%|sep=,|DBE}} (née Broadbent; born 9 January 1959), known professionally as Mrs Justice Arbuthnot, serves as a High Court judge for England and Wales since 2021.{{Cite web|url=https://www.thegazette.co.uk/notice/3727789|title = Crown Office | the Gazette}}{{cite web|url=https://www.judiciary.uk/announcements/high-court-appointment-3/ |title=High Court Appointment |date=7 October 2020 |publisher=UK Judiciary |accessdate=29 September 2021}}
Early life and education
Born in 1959 at Macclesfield, Cheshire, the only daughter of wine critic Michael Broadbent, she grew up in London and was educated at the French Lycée. She then read Law at Queen Mary College, London (BA), before pursuing further legal studies at City University (Dip. Law).
On 6 September 1984, she married James Arbuthnot, later Baron Arbuthnot of Edrom,[https://www.burkespeerage.com/ www.burkespeerage.com] a barrister and British Conservative Party politician.{{Cite web|title=Candidate: James Arbuthnot |url=http://news.bbc.co.uk/hi/english/static/vote2001/candidates/candidates/2/29601.stm |work=Personal details: Married September 6, 1984, Emma Broadbent |publisher=BBC, London |accessdate=22 January 2022}}{{Cite web|title=Rt Hon James Arbuthnot MP profile|url=http://www.conservatives.com/People/Members_of_Parliament/Arbuthnot_James.aspx|work=Conservative Party|access-date=24 January 2022|url-status=dead|archive-url=https://web.archive.org/web/20090205023249/http://www.conservatives.com/People/Members_of_Parliament/Arbuthnot_James.aspx|archive-date=5 February 2009}}{{Cite web |title=Arbuthnot, Hon. Dame Emma Louise, (Lady Arbuthnot of Edrom), (born 9 Jan. 1959), a Judge of the High Court, Family Division, since 2021 |url=https://www.ukwhoswho.com/view/10.1093/ww/9780199540884.001.0001/ww-9780199540884-e-59503 |url-access=subscription |access-date=3 October 2022 |website=WHO'S WHO & WHO WAS WHO |date=2007 |language=en |doi=10.1093/ww/9780199540884.013.U59503|isbn=978-0-19-954088-4 }}
Career
Called to the Bar at the Inner Temple in 1986, Arbuthnot was appointed as a Deputy District Judge (Magistrates' Courts) in 2000, a Recorder in 2001 (Crime and then Family), a full time District Judge (Magistrates' Courts) in 2005, the Deputy Senior District Judge (Deputy Chief Magistrate) in 2012, the Senior District Judge (Chief Magistrate) for England and Wales in 2016, and a Justice of the High Court of England and Wales in 2020{{cite web|url=https://judicialappointments.gov.uk/what-it-is-like-to-be-a-judge/high-court-judges-2020/|publisher=Judicial Appointments Commission|title=High Court Judges 2020|date=2 November 2020}} (with effect from 2021).
=Rulings as High Court Judge=
== Archie Battersbee ==
Arbuthnot oversaw Archie Battersbee's case in the Family Division of the High Court, London. In a final hearing, which took place on 6 and 7 June 2022, she ruled that doctors could terminate the patient's treatment and end his life support.{{cite news | url=https://www.bbc.co.uk/news/uk-england-essex-61731843 | title=Archie Battersbee treatment should stop, judge rules | work=BBC News | date=13 June 2022 }} The family was given limited time to launch appeal proceedings. However, following another hearing, Arbuthnot granted the parents permission to take the case to the Court of Appeal.{{cite news | url=https://www.bbc.co.uk/news/uk-england-essex-61869995 | title=Archie Battersbee's family can appeal life-support ruling | work=BBC News | date=20 June 2022 }} The Court of Appeal later ruled that the High Court should reconsider its opinion as to whether he was brain-dead, and that a new hearing of the Court of Appeal would be set for 11 July 2022. The Court of Appeal subsequently denied the appeal on 25 June 2022.{{Cite news |date=25 July 2022 |title=Archie Battersbee: Parents lose appeal over life support |language=en-GB |work=BBC News |url=https://www.bbc.com/news/uk-england-essex-62292655 |access-date=25 July 2022}} The Court of Appeal agreed to stay their ruling for 48 hours to give Archie's parents time to ask for an appeal to the Supreme Court of the United Kingdom or to the European Court of Human Rights.{{cite web | url=https://www.catholicnewsagency.com/news/251878/parents-of-archie-battersbee-lose-appeal-12-year-old-can-be-removed-from-life-support-judges-rule | title=Parents of 12-year-old on a ventilator lose appeal forcing the removal of life support }}{{Cite news |date=2022-07-28 |title=Archie Battersbee: Supreme Court will not intervene in life-support case |url=https://www.bbc.com/news/uk-england-essex-62337822 |access-date=2024-06-12 |work=BBC News |language=en-GB}}
=Rulings as Chief Magistrate=
==First Unexplained Wealth Order==
As Chief Magistrate, Lady Arbuthnot made rulings related to the fugitive Indian tycoon Vijay Mallya,{{Cite web | url=http://spectrumnews1.com/ky/northern-ky/ap-top-news/2018/12/10/uk-court-due-to-rule-on-vijay-mallyas-extradition-to-india |title = UK court rules that Indian tycoon should face extradition}} and Zamira Hajiyeva, the first person subject to an unexplained wealth order (UWO).{{Cite news|url=https://www.telegraph.co.uk/news/2019/09/26/bankers-wife-spent-16m-harrods-escapes-extradition-toazerbaijan/|title=Banker's wife who spent £16m in Harrods escapes extradition to Azerbaijan on embezzlement charges|last=Ward|first=Victoria|date=26 September 2019|work=The Telegraph|access-date=27 September 2019|issn=0307-1235}}
==Julian Assange==
Towards the end of 2019, Arbuthnot, who had presided at several of Julian Assange's extradition hearings,{{cite news |title=Julian Assange too ill to appear in court via video link, lawyers say |url=https://www.theguardian.com/media/2019/may/30/julian-assange-too-ill-appear-court-via-video-link-lawyers-say |accessdate=12 October 2020 |work=the Guardian |date=30 May 2019 |language=en}}{{cite news |title=Julian Assange to face US extradition hearing in UK next year |url=https://www.theguardian.com/media/2019/jun/14/julian-assange-to-face-us-extradition-hearing-in-uk-next-year |accessdate=12 October 2020 |work=the Guardian |date=14 June 2019 |language=en}} stepped aside because of a "perception of bias", apparently linked to her husband.{{cite news |last1=Curtis |first1=Mark |last2=Kennard |first2=Matt |title=Declassified UK: As British judge made rulings against Julian Assange, her husband was involved with right-wing lobby group briefing against WikiLeaks founder |url=https://www.dailymaverick.co.za/article/2020-09-04-as-british-judge-made-rulings-against-julian-assange-her-husband-was-involved-with-right-wing-lobby-group-briefing-against-wikileaks-founder/ |accessdate=12 October 2020 |work=Daily Maverick |date=4 September 2020 |language=en}}
==Uber==
Uber's application for a five-year licence was rejected by Transport for London in September 2017. In June 2018, Arbuthnot granted Uber a probationary 15-month licence for London. An investigation by The Observer newspaper reported that Arbuthnot's husband, James Arbuthnot, was a director of SC Strategy Ltd during Uber's appeal before his wife. SC Strategy Ltd is a private intelligence company which has worked for the sovereign wealth fund Qatar Investment Authority (QIA), one of the main investors in a $1.2bn financing arrangement for Uber. After The Observer{{'s}} report was published, Lady Arbuthnot withdrew from hearing any further appeals by the company.{{cite news |last1=Doward |first1=Jamie |title=Judge in Uber's London legal battle steps aside over husband's links to firm |url=https://www.theguardian.com/technology/2018/aug/18/uber-judge-steps-aside |access-date=19 December 2020 |work=the Guardian |date=18 August 2018 |language=en}}{{cite news |last1=Bowcott |first1=Owen |title=Chief magistrate's alleged bias toward Uber raised in court |url=https://www.theguardian.com/uk-news/2019/feb/13/uber-chief-magistrate-alleged-bias-raised-in-court |access-date=19 December 2020 |work=the Guardian |date=13 February 2019 |language=en}}
==Grenfell==
In August 2019 Arbuthnot cleared a man accused of filming a Grenfell Tower effigy being burned at a bonfire night party, whilst a group of friends laughed and joked.{{Cite web|url=https://www.theguardian.com/uk-news/2019/aug/22/paul-bussetti-court-effigy-grenfell-tower-bonfire-joke-about-own-friend-group-video|title = Court clears man over video of Grenfell Tower model being burned|website = TheGuardian.com|date = 22 August 2019}}{{Cite web|url=https://metro.co.uk/2019/08/22/burning-grenfell-tower-model-joke-friends-not-victims-died-10616054/|title=Burning Grenfell Tower model was 'joke about friends not victims who died'|date=22 August 2019}} Her decision was overturned by the High Court in August 2021.{{Cite news|url=https://www.bbc.co.uk/news/uk-england-london-58054431|title = Grenfell Tower: Man accused of burning model to face retrial|work = BBC News|date = 2 August 2021}}
See also
References
{{reflist}}
{{Family Division of England & Wales}}
{{DEFAULTSORT:Arbuthnot, Emma}}
Category:21st-century British women judges
Category:21st-century British women lawyers
Category:21st-century English judges
Category:Alumni of City, University of London
Category:Alumni of Queen Mary University of London
Category:Dames Commander of the Order of the British Empire
Category:Members of the Inner Temple
Category:People educated at Lycée Français Charles de Gaulle
Category:People from Macclesfield