Philippa Whipple
{{Short description|British judge}}
{{Use dmy dates|date=June 2017}}
{{Infobox officeholder
| honorific-prefix = The Right Honourable
| name = Lady Justice Whipple
| honorific-suffix = DBE
| image = Dame Philippa Whipple 2017.jpg
| caption = Whipple in 2017
| office = Lady Justice of Appeal
| term_start = 15 November 2021{{London Gazette |issue=63531 |date= 17 November 2021|page=20732 }}
| term_end =
| office2 = High Court Judge
Queen's Bench Division
| term_start2 = 2015{{London Gazette |issue=61371 |date= 1 October 2015|page=18578 }}
| term_end2 = 2021
| monarch = Elizabeth II
Charles III
| predecessor =
| birth_name = Philippa Jane Edwards
| birth_date = {{birth date and age|1966|5|7|df=y}}
| birth_place = Aldershot, Hampshire, England
| alma_mater = Merton College, Oxford
}}
Dame Philippa Jane Whipple, {{Post-nominals|country=GBR|DBE|size=100%|sep=,}} ({{nee}} Edwards;
born 7 May 1966) is a British judge, former barrister, and former solicitor. Between October 2015 and November 2021, she was a Justice of the High Court assigned to the Queen's Bench Division.{{cite web|title=The Hon Mrs Justice Whipple|work=Masters of the Bench|publisher=Middle Temple|url=https://www.middletemple.org.uk/bencher-persons-view?cid=34887|accessdate=16 September 2020}} Since November 2021 she has been a judge of the Court of Appeal.
Early life
Whipple was born in or near Aldershot, England,{{Cite web|url=https://www.freebmd.org.uk/cgi/information.pl?cite=xemuNIusRXumNZdghdcbiw&scan=1|title=Index entry|accessdate=16 September 2020|work=FreeBMD|publisher=ONS}} on 7 May 1966 to the Hon. John Braham Scott Edwards, Esq., then a Judge of the South Eastern Circuit, and his wife, Veronica Mary Edwards.'WHIPPLE, Hon. Dame Philippa Jane Edwards', Who's Who 2017, A & C Black, an imprint of Bloomsbury Publishing plc, 2017; online edn, Oxford University Press, 2016; online edn, Nov 2016 [http://www.ukwhoswho.com/view/article/oupww/whoswho/U251254 accessed 2 July 2017] She was educated at St Mary's School, Ascot, and then earned a bachelor's degree in law from Merton College, Oxford.{{cite web|url=https://www.judiciary.gov.uk/publications/mrs-justice-philippa-whipple/ |title=Courts and Tribunals Judiciary | Mrs Justice Philippa Whipple DBE |publisher=Judiciary.gov.uk |date=13 February 2017 |accessdate=30 June 2017}}{{cite web|url=http://www.legal500.com/firms/9288-chambers-of-philip-havers-qc/offices/9288-london-england/lawyers/44641 |title=> 1 CROWN OFFICE ROW (Chambers of Philip Havers QC) > London, ENGLAND > Lawyer profiles > Philippa Whipple QC |publisher=The Legal 500 |date= |accessdate=30 June 2017}}
Career
Whipple began her legal career as a solicitor, admitted in 1991. She was called to the Bar by Middle Temple in 1994 and was a tenant at 1 Crown Office Row. She was appointed as a Recorder, in 2005. On 22 March 2010, she was made a Queen's Counsel (QC).{{cite news|title=Crown Office|url=https://www.thegazette.co.uk/notice/L-59372-1080505|accessdate=2 July 2017|work=The London Gazette|issue=59372|date=25 March 2010}} On 1 October 2015, Whipple was appointed a Justice of the High Court in London.{{London Gazette
| issue = 61371
| date = 5 October 2015
| page = 18578
| supp =
}}
= ''Taylor Clark v. HMRC'' =
Towards the later end of her career at the bar, Whipple represented the applicant (Taylor Clark) in Taylor Clark Leisure Plc v HM Revenue and Customs, in litigation in Scotland. As part of an appeal in the course of that case, Whipple sought to be allowed to appear before the Court of Session.
In May 2015, the a three-judge panel of the Court of Session presided by the then-Lord President declined to permit Whipple to address a Scottish court on behalf of a client in respect of a tax matter.{{Cite web |title=Taylor Clark Leisure Plc v HM Revenue and Customs [2015] ScotCS CSIH 32 (24 April 2015) |url=https://www.bailii.org/cgi-bin/format.cgi?doc=/scot/cases/ScotCS/2015/%5B2015%5DCSIH32.html&query= |access-date=2023-01-20 |website=www.bailii.org}} Whilst the Court acknowledged that under European law, counsel from other member states could appear in Scottish courts, the Court observed that the provisions did not extend to counsel in different parts of the same member state (i.e. the UK, then a member of the European Union), finding that the Secretary of State could have, but had not, exercised his power under separate national legislation to make regulations on the matter, and that in the absence of such provisions, Scottish law precluded the ad hoc admission of counsel in cases like that of Whipple. The court additionally observed that Whipple could have sought full admission via an expedited procedure to the Scottish bar.{{Cite web |title=Court's 'inherent power' does not extend to granting 'ad hoc' rights of audience, Inner House rules |url=https://www.scottishlegal.com/articles/courts-inherent-power-does-not-extend-to-granting-ad-hoc-rights-of-audience-inner-house-rules |access-date=2023-01-20 |website=Scottish Legal News |date=27 April 2015 |language=en}}
The substantive appeal was ultimately allowed{{Cite web |title=Taylor Clark Leisure Plc v HM Revenue and Customs [2016] ScotCS CSIH_54 (14 July 2016) |url=https://www.bailii.org/scot/cases/ScotCS/2016/2016CSIH54.html |access-date=2023-01-20 |website=www.bailii.org}} the following year, before that decision was in turn overturned{{Cite web |title=Revenue and Customs v Taylor Clark Leisure Plc (Scotland) (Rev 1) [2018] UKSC 35 (11 July 2018) |url=https://www.bailii.org/uk/cases/UKSC/2018/35.html |access-date=2023-01-20 |website=www.bailii.org}} on further appeal by the Supreme Court.
Honours
On 3 November 2015, Whipple was appointed a Dame Commander of the Order of the British Empire (DBE).{{London Gazette |issue= 61406 |date= 10 November 2015 |page= 22094}} She is an honorary fellow of Merton College, Oxford.{{cite web|author=Honorary Fellow |url=https://www.merton.ox.ac.uk/people/hon-dame-philippa-whipple |title=The Hon Dame Philippa Whipple |publisher=Merton.ox.ac.uk |date= |accessdate=30 June 2017}} She was appointed to the Privy Council on 15 December 2021.{{cite web |url=https://privycouncil.independent.gov.uk/wp-content/uploads/2021/12/2021-12-15-List-of-Business.pdf |title=Orders Approved and Business Transacted at the Privy Council Held by the Queen at Windsor Castle on 15th December 2021 |author= |date=15 December 2021 |website=privycouncil.independent.gov.uk |access-date=12 March 2022}}
References
{{Reflist|30em}}
{{Appeal judges in England & Wales}}
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Category:Alumni of Merton College, Oxford
Category:21st-century English judges
Category:People educated at St Mary's School, Ascot
Category:21st-century King's Counsel
Category:Fellows of Merton College, Oxford
Category:Lady Justices of Appeal
Category:21st-century British women lawyers
Category:21st-century women judges
Category:Dames Commander of the Order of the British Empire