Terence Etherton, Baron Etherton Explained

Honorific-Prefix:The Right Honourable
The Lord Etherton
Office:Master of the Rolls
Term Start:3 October 2016
Term End:11 January 2021
Predecessor:Lord Dyson
Successor:Sir Geoffrey Vos
Office1:Chancellor of the High Court
Term Start1:11 January 2013
Term End1:3 October 2016
Predecessor1:Sir Andrew Morritt
Successor1:Sir Geoffrey Vos
Office2:Lord Justice of Appeal
Term Start2:29 September 2008
Term End2:11 January 2013
Nominator2:Gordon Brown
as Prime Minister
Appointer2:Elizabeth II
Office3:Member of the House of Lords
Lord Temporal
Term Start3:1 March 2021
Life peerage
Birth Date:21 June 1951
Birth Place:London
Birthname:Terence Michael Elkan Barnet Etherton
Nationality:British
Spouse:Andrew Stone
Residence:West London
Alma Mater:University of Cambridge
Occupation:Peer of the Realm

Terence Michael Elkan Barnet Etherton, Baron Etherton, (born 21 June 1951) is a British retired judge and member of the House of Lords. He was the Master of the Rolls and Head of Civil Justice from 2016 to 2021 and Chancellor of the High Court from 2013 to 2016.

Early life

Etherton attended Holmewood House School and St Paul's School, and studied history and law at Corpus Christi College, Cambridge.[1] He was a member of the British fencing team (sabre) from 1977 to 1980[2] and was selected to compete at the 1980 Summer Olympics in Moscow,[3] but joined the boycott in protest against the 1979 Soviet invasion of Afghanistan.[4] [5]

Legal career

Etherton was called to the bar (Gray's Inn) in 1974 and became a Queen's Counsel in 1990. He was appointed a High Court judge on 11 January 2001 and assigned to the Chancery Division, receiving the customary knighthood. In August 2006, he was appointed Chairman of the Law Commission,[6] the statutory independent body created by the Law Commissions Act 1965 to keep the law under review and to recommend reform where needed.

On 29 September 2008, on expansion of the Court of Appeal from 37 to 38 judges, Etherton was appointed as a Lord Justice of Appeal. He was sworn in on 29 September 2008, and received the customary appointment to the Privy Council. On 11 January 2013, he was appointed Chancellor of the High Court.[7]

On 3 October 2016, Etherton succeeded Lord Dyson as Master of the Rolls.[8]

In October 2016 Etherton was one of the three judges forming the divisional court of the High Court in proceedings concerning the use of the royal prerogative for the issue of notification in accordance with Article 50 of the Treaty on European Union (the Lisbon Treaty) (Santos and Miller, Applicants -v- Secretary of State for Exiting the European Union, Respondent). His role in this judgment meant that he appeared in an infamous front-cover of the Daily Mail (Enemies of the People), and in a move which was widely seen as attacking his homosexuality, the Mail Online chastised Etherton for being an "openly-gay ex-Olympic fencer".[9] [10] [11] [12] The reference was swiftly removed, though without apology. In June 2019, Etherton, Sir Stephen Irwin and Sir Rabinder Singh found that ministers had breached British law when they "made no concluded assessments of whether the Saudi-led coalition had committed violations of international humanitarian law in the past, during the Yemen conflict, and made no attempt to do so."[13] [14]

House of Lords

In December 2020, it was announced that Etherton would be created a crossbench life peer in the 2020 Political Peerages.[15] On 23 December 2020, he was created Baron Etherton, of Marylebone in the City of Westminster.[16]

In May 2022, Lord Etherton was appointed by the Government to carry out an independent review of the treatment of LGBT military personnel between 1967 and 2000. His report was published in July 2023.

Affiliations

Non-Executive Director Riverside Mental Health Trust (1992–1999), Chairman of Broadmoor Hospital (1999–2001) and Chairman of West London Mental Health NHS Trust (2000–2001).

Installed as an honorary fellow of Royal Holloway College, University of London (2005)

Honorary fellow since 2007 of Corpus Christi College, Cambridge.[17]

President of the Nicholas Bacon Society, Corpus Christi's law society, from 2001 to 2013.

In January 2009 he was awarded an honorary doctorate in law by City University, London.

President of the Council of the four Inns of Court (COIC) for a three-year term (2009–2012).

Honorary Professor at the University of Kent since 2011. In 2018, he was awarded an honorary doctorate in law by the University of Kent.

Honorary President of the Property Bar Association and the Chairman of The Trust Law Committee (2012 - 2021).

Visiting professor of law at Birkbeck, University of London since 2010 and lectured on subjects including diversity in the judiciary and equity and trusts on the Birkbeck, University of London LLB and LLM Qualifying Law Degrees. He is also Patron of the Birkbeck Law Review.

Senior Warden at West London Synagogue.[18] (3-year appointment, 2013 - 2016).

Chairman of the Civil Justice Council (2016- 2021).

Chairman of the Advisory Council on the National Archives and Records (2016–2021).

Honorary Member of the Society of Legal Scholars (2017).

Honorary Fellowship of Birkbeck, University of London (4 November 2019-)[19]

In September 2021 he was awarded an honorary doctorate in law by the University of Plymouth.

In November 2022 he was awarded an honorary doctorate of laws by the University of Law.

In April 2024 he was appointed Knight Grand Cross of the Order of the British Empire, for services to LGBT Veterans.[20]

Personal life

Etherton entered a civil partnership in 2006.[21] On his appointment as Lord Justice of Appeal in 2008, he said, "My appointment also shows that diversity in sexuality is not a bar to preferment up to the highest levels of the judiciary".[22]

On 10 December 2014, pursuant to legislation allowing couples in civil partnerships to convert the relationship to marriage, Etherton and his civil partner Andrew Stone were married in a Reform Judaism wedding ceremony at West London Synagogue.[23]

Motto:Hineini (Here I Am)[24]
Notes:Granted by Sir Thomas Woodcock on 25 May 2021. College reference: Grants 183/249[25]

Notes and References

  1. 'ETHERTON, Rt Hon. Sir Terence (Michael Elkan Barnet)’, Who's Who 2016, A & C Black, an imprint of Bloomsbury Publishing plc, 2016
  2. Web site: Britain's first openly gay judge becomes master of the rolls. Bowcott. Owen. 2016-05-26. The Guardian. en. 2018-08-15.
  3. Web site: Courts and Tribunals Judiciary . 29 August 2018 . 29 August 2018 . https://web.archive.org/web/20180829072539/https://www.judiciary.uk/publications/the-master-of-the-rolls-the-rt-hon-lord-dyson/ . dead .
  4. https://www.thejc.com/comment/analysis/fencing-international-and-shul-warden-who-s-master-of-the-rolls-1.58017 The JC
  5. https://www.thetimes.co.uk/article/gay-former-athlete-promoted-to-highest-ranks-of-judiciary-2mnzz3mn3 The Times
  6. News: Terence Etherton to Chair Law Commission . legalday.com . 25 July 2006 . 1 April 2009 . dead . https://web.archive.org/web/20110713195444/http://www.legalday.com/commentaries/dca/chair_law_commission.html . 13 July 2011.
  7. Appointment of Chancellor of High Court . Judicial Office . London . 20 December 2012 . 20 December 2012.
  8. Web site: Master of the Rolls: Sir Terence Etherton. 26 May 2016. 10 Downing Street.
  9. Web site: The Daily Mail is very upset because an 'openly gay judge' ruled on Brexit. Duffy. Nick. PinkNews. 3 November 2016. 9 February 2017.
  10. Web site: MailOnline Attacks Brexit Judge For Being 'Openly Gay'. Nelson. Sara C. Huffington Post. 3 November 2016. 9 February 2017.
  11. Web site: J.K. Rowling responds perfectly to Mail Online headline referencing judges's sexuality after Brexit High Court ruling. https://ghostarchive.org/archive/20220811/https://www.independent.co.uk/news/people/jk-rowling-brexit-legal-challenge-twitter-response-daily-mail-headline-openly-gay-fencer-judge-a7396941.html . 11 August 2022 . subscription . live. Blair. Olivia. 4 November 2016. The Independent. 9 February 2017.
  12. News: Former Lord Chief Justice Attacks Homophobic Campaign Against Brexit Judge. PinkNews. 8 November 2016. 14 February 2017.
  13. News: UK government suspends new arms sales to Saudi Arabia after court ruling . . 20 June 2019.
  14. News: Jeremy Hunt and Boris Johnson accused of 'central role' in arming Saudi Arabia as UK's relationship with Riyadh reaches crossroads . . 5 July 2019.
  15. Web site: 22 December 2020. Political Peerages 2020. 23 December 2020. GOV.UK.
  16. Web site: Crown Office | the Gazette.
  17. http://www.corpus.cam.ac.uk/component/sobi2/?sobi2Task=sobi2Details&catid=13&sobi2Id=15 Corpus Christi College, Cambridge: Sir Terence Etherton
  18. Web site: West London Synagogue of British Jews, Wardens 1842-2014. JewishGen.
  19. Web site: Congratulations to Birkbeck's Class of 2019.
  20. Web site: The King's Birthday Honours List 2024 . 2024-06-14 . GOV.UK . en.
  21. News: Sir Terence Etherton, Chairman of the Law Commission. The Times. 21 April 2008. 1 April 2009.
  22. Web site: Out gay man becomes Lord Justice of Appeal. 22 September 2008. Pink News.
  23. Web site: West London Synagogue celebrates religious same-sex weddings. 12 December 2014. Pink News.
  24. Web site: The Right Honourable Sir Terence Etherton . Birkbeck, University of London . 3 August 2021.
  25. Web site: July 2021 Newsletter . College of Arms . 2 August 2021.