Lord Justice Andrew Ewart McFarlane (a.k.a. 3rd class law degree holder)

flbanews1Current employment positions held (contrary to the Ministry of Justice requirement for a full time judge to hold more than one employment at one time):

Lord Justice of Appeal in the Court of Appeal, Royal Courts of Justice

Chancellor of the Diocese of Exeter: Judge for the Diocese in matters of church law heard in a Consistory Court. Click here.

Bishop’s legal advisor. (Click here.)

Styled:

Lord Justice of Appeal (filled the vacancy created by the elevation of Lord Wilson of Culwoarth to the Supreme Court, p 35 or click here)

Related links:

Church scandals: www.shamefultruth.com

Best known for:  

  1. The only Court of Appeal Judge with a third class law degree (lowest performance in law school), and mixing of religion and law. (See below under “Education”.)
  2. Former member of 1kbw (where controversial barrister Madeleine Reardon (now also a Judge) also has been practising).
  3. A Lord Justice who fails to prepare when matters are brought at the Court of Appeal by Litigants in Person.
  4. A Lord Justice who protected the High Court Judge Eleanor King (as she then was, now Lady Justice Eleanor King in the Court of Appeal) given that Lady Justice Eleanor King has been known by the legal professionals and Judges to be a dyslexic with inability to read and write properly and in accordance with judicial requirements;
  5. A Lord Justice with a wife who breaches “The Honours (Prevention of Abuses) Act 1925” and misleads the Monarchy and the public.  Mrs Susanna Jane McFarlane, mislead the Monarchy, the courts, the Charity Commission, and the NHS as to her title that of a “Lady” which was given to her as a courtesy title only and on the understanding that she could use it only if and when she calls herself by last name only ie Lady McFarlane.  The wife is not of an aristocratic background although she unlawfully gives the impression that she is. (See below under “Date of birth and family” headline.)
  6. A Lord Justice who failed in the European Courts of Human Rights when he appeared as a barrister for the UK government and when he caused damages to the UK government when loosing the case for the UK.
  7. A Lord Justice who was shouted at by the European Courts of Human Rights him for his wrongdoing and inappropriate behaviour. (See below under “Cases best known for” headline.)
  8. A Lord Justice who still today fails to obey the ruling as imposed by the European Court of Human Rights when the court ruled against his argument in 2002 that it was NOT for a Litigant in Person to stop the UK court for not applying the Human Rights covenants (See below CASE OF P., C. AND S. v. THE UNITED KINGDOM (Strasbourg, 2002))
  9. A Lord Justice who believes that “a barrister wouldn’t tell a lie”. (The judge who believes that lawyers always tell the truth, “The Telegraph” – 29 August 2015)
  10. A Lord Justice who openly discriminates against Litigants in Person and unlawfully denies parents the rights to their children (unfortunately his speeches and presentations to schools portray the opposite of his judicial decisions in the Court of Appeal ie  “School of Law hosts ‘Rights of the Child’ conference” on 3 March 2015:  The morning session began with The Right Hon Sir Andrew McFarlane, Lord Justice of Court of Appeal, discussing UK case law in the Court of Appeal and the Supreme Court and illustrated the gradual recognition of the Convention on Children’s Rights.   A Judge desperate to be known for his support to children; however evidence shows the opposite of the image he is trying so hard to portray.

hrh-and-susanna-after-first-presentations-640x452-s400x400Breaches of the law (by his wife Lady (?) Susanna McFarlane who misuses the title Lady to pretend she is from an aristocratic family or married to an aristocrat, a Lord):

‘The Honours (Prevention of Abuses) ACT 1925: An Act for the prevention of Abuses in connection with the Grant of Honours’.

The clause in this act reads as follows:

“If any person accepts (or gives, or agrees or proposes to give) or agrees to accept or attempts to obtain from any person, for himself or for any other person, or for any purpose, any gift , or money or valuable consideration as an inducement or reward for procuring or assisting or endeavouring to procure the grant of a dignity or title or honour to any person, or otherwise in connection with such a grant, he shall be guilty of a misdemeanour”.

Bribery Act 2010:  ‘Improper Performance’. Click here.

Question:   How can a Lord Justice who breaches the law be trusted to protect the rights of others and the law that must be upheld in England and Wales? 

McFarlane_churchman

Lord Justice Andrew McFarlane as churchman (use of different hat to promote colleagues)
“Farmer sworn in as county’s High Sheriff”  Click here.

Nationality: 

British

Date of birth and family: 

20 June 1954

Homebase: Burtons Farm, Wellington Heath, Ledbury, Herefordshire HR8 1NF; The Oast Houses, Suckely, Worchester, Worcestershire WR6 5DP (for over 20 years) and Much Cowarne, Herefordshire.

Parents: Mother’s maiden name Miss Davies

Married:  Lady (?) Susanna Jane McFarlane (nee Randolph, misuse of the title as a wife of a Lord Justices of Appeal does not automatically become a ‘Lady’; “It’s unfortunate they’ve listed her (in the London Gazette, 1 April 2010) in the style of a dau of a duke, marquess or earl since she has no such connection”. Click here.)

-appointed Trustee on The Herefordshire Historic Churches Trust – makes available grants and loans to all Christian places of worship in the County of Herefordshire; Chairman: The Earl of Darnley; Vice Chairman – The Archdeacon of Hereford, The Venerable Canon Patrick Benson; Main charity concern: ‘falling Church rolls, and the fact that Church Tourism does not have popular appeal’; 

-Governors and Former Governors of the Rugby School (former parent of the school)

-“Chair of Trustees since 2007 having been a Trustee since 2004.  Prior to that she a YSS  Appropriate Adult volunteer.   Susanna is a member of The Lord Chancellor’s Advisory Committee for the Appointment of Magistrates in West Mercia.  She is also a member of Suckley Church PCC and the Worcester Cathedral Council Trust and previously held roles working within the voluntary sector including RPS Rainer.  Susanna works part-time at Bromyard Community Hospital as a physiotherapist.  Susanna is a Deputy Lord Lieutenant for Herefordshire.”  Click here.

-HRH Princess Anne, unknowingly, meets a fake Lady – Lady Susanne McFarlane. Click here.

 The Glade Sexual Assault Referral Centre, unknowingly, meets a fake Lady – Lady Susanne McFarlane. Click here.

Children:  Laura C. McFarlane (artist and director @ Space in Between; partner Edmund Francisartist of challenging experiment in size and scale art, son of the late Mr Simon Francis and of Dr Jane Mann – retired GP and Partner at The College Yard & Highnam Surgeries, of Kilcot, Gloucestershire ), Mary J. McFarlane, Iona S. McFarlane and Philippa G McFarlane

Disability: 

N/A

Controversy: 

Mixing of ‘religion’ with the ‘law’; conflicting issues known for – child abuse, poverty, foreigners and adoption.  Should a Judge be allowed to act for the Church at the same time as being required to show impartiality to all when applying the UK law in Her Majesty’s Courts?

Appointed and influenced his wife to be offered high positions in the law, church, administration and NHS.

Misled the Royals and the press of his wife’s true position in society, as his wife is not allowed the use of the title “Lady” with her full names.

Charity supporter:

Young Minds         Trustee  (for the national young person’s mental health charity)

HOPE                      Advocate and Supporter (Runs the Celebration Evening every year in September)

Interests:

Magic and Sherlock Holmes.  (See profile above under ‘Styled’)

“He claimed to be more interested in drama, student politics and the church than law.”  Click here.

The Church of England in Devon. Click here.

Church activities: together with his wife sponsors poems read in frequently attended Church of England, Worcester 
Cathedral.  ‘TO
 A 
SYLARK’ by Percy 
Bysshe 
Shelley (Read the poem here.)

The Charles Shorto Society for those who have included the Arnold Foundation for Rugby School in their Will. Click here.

Attends at  Hereford Cathedral.

Employment: 

1977                         Barrister-at-law (Gray’s Inn)

1978 – 1993             2 Fountain Court Birmingham

1993 – 1995             One Kings Bench Walk Temple, 1 KBW  (appeared at all levels including House of Lords and the European Court of Human Rights)

1995                         Assistant Recorder

1998 – 2005           Director, Kentdawn Limited (Management of real estate on a fee or contract basis) – Dissolved 2014

1999                        Recorder

2000 – 2005          Deputy High Court Judge

2001 – 2008           Director, Young Minds Trust

18 April 2005        High Court Justice  (Family Division)

15 January 2006 –  Chancellor of the Diocese of Exeter (judge for the Diocese in matters of church law, which are heard in a Consistory Court) and Bishop’s legal adviser; click here.

2006 – 2011           Family Division Liaison Judge for the Midland Circuit

28 July 2011 –         Lord Justice of Appeal (“meteoric career rise that began in the drama department of Durham University”. Click here.)

12 December 2013 –     Chair of the Clergy Discipline Commission and President of Tribunals for the Church of England. Click here and here.

(Deputy Chair: Sir Mark Hedley is a former judge of the High Court assigned to the Family Division and Chancellor of the diocese of Liverpool. Click here.)

Judicial Salary:

Justice of the Court of Appeal – 2014 -2015 is in the amount of £200,661 plus all other payments in relation to London Weighting and appropriate travelling and subsistence allowances incurred whilst on judicial business such as travel, lodging, food, conferences, dinner/events attendances etc paid in addition to the judicial salary. Ministry of Justice stated that “these are not financial gains, but allowances to defray costs legitimately incurred whilst on judicial business“. For government confirmed statistics click here.

The Church of England salary is not disclosed by the Church of England under the Freedom of Information Request as “The Church of England is not a body covered by that legislation and         therefore not obliged to respond in the manner established by it.”   Legal fees covered under the ECCLESIASTICAL LAW, ENGLAND coming in force on 1st January 2012 and as amended ECCLESIASTICAL LAW, ENGLAND The Legal Officers (Annual Fees) Order 2014  Coming into force  on  1st January 2015. Click here for The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2014.

Education (third class degree – barely passed the law courses/exams):

1975                     Collingwood College, Durham Unversity (BA, President Student Union)

?                            University of Durham (BA, pres Student Union)

?                            University of Wales Cardiff (LLM – honorary?)

 

Honorary Awards:

N/A

Associations and Memberships:

1998                    Queens Council

2002 – 2005      Chairman of Family Law Bar Association

2005                   Knighthood

2010 – 2011       Member of the “Family Justice Review” Panel  – Government Legal Member (The Family Justice Board (FJB) was established in March 2012 as part of the Government response to the Family Justice Review. Click here.)

?                         Member of Norgrove Committee  [Justice Committee – Pre-legislative scrutiny of the Children and Families Bill / Written evidence from Professor Patrick Parkinson, University of Sydney (CFB 12)  Click here.] 

Garrick Club    Member (original founder Rev’d Richard Harris Barham, 1788-1845, buried at Kensal Green Cemetery in London; clergyman and writer of The Ingoldsby Legends)

Books & Publications:

Children: Law and Practice (co-author 1991)

Child Care and Adoption Law (co-author, 2010)

Family Court Practice (contributor to annual editions)

Publications and Lectures throughout the UK and abroad

Speech by The Rt Hon Sir Andrew McFarlane Lord Justice of Appeal,  Association of Lawyers for Children, The Hershman Levy Memorial Lecture 2014,  Thursday 26th June 2014. Click here.

“Allan Levy… was, to my eyes, the role model of all that I aspired to be. He was a consummate expert on child law and adoption, an excellent advocate who was utterly in tune with the emotional and social work perspectives of his cases…he was the author of the only practitioners’ text book on adoption…he achieved national prominence through the Pindown Inquiry, regular appearances in serious radio and television discussions…”

 Media:

“Separated mothers must not get away with ‘Catherine Tate justice’ and ignore dads’ rights, says Appeal Court judge.” Click here.

Cases best known for:

Loosing the case for his clients and being criticised by the European Court of Human Rights:  B. AND P. v. THE UNITED KINGDOM (Strasbourg, 2001).  Click here for the full Judgment.

 “The Court heard addresses by Mr McFarlane, the second applicant and Mr Moylan. ..The Court noted with considerable displeasure that during the hearing, in breach of the Vice-President’s order of 2 November 2000, Mr McFarlane and the second applicant referred to the full names of the applicants, their former partners and their children.”

[In the media:  “The human rights court noted “with displeasure” that Andrew McFarlane, QC, representing Mr B, had named the two applicants, their wives and children, during the hearing.” Secrecy in custody cases ‘essential’, The Telegraph, 25 Apr 2001. Click here.]

“There appeared before the Court:

(a)  for the Government
Ms              R. Mandal, Foreign and Commonwealth Office, Agent,
Mr             A. Moylan QC, Counsel,                                                               (now High Court Justice in the Family Division at the Royal Courts of Justice)
Ms              K. Birch, Lord Chancellor’s Department,   Adviser;

(b)  for the first applicant
Mr              A. McFarlane QC,
Mr               T. Eicke,  Counsel,
Mr               J. Welch, Legal Director of Liberty, Solicitor;

(c)  for the second applicant

The second applicant represented himself.

THE COURT

1.  Holds by five votes to two that there has been no violation of Article 6 § 1 of the Convention as regards the applicants’ complaints about public hearings;

2.  Holds by five votes to two that there has been no violation of Article 6 § 1 of the Convention as regards the applicants’ complaints about the public pronouncement of judgments;

3.  Holds unanimously that it is not necessary to examine separately the applicants’ complaint under Article 10 of the Convention.”  


Loosing the case for the Government in:   CASE OF P., C. AND S. v. THE UNITED KINGDOM (Strasbourg, 2002)     (Click here for the full Judgment.)

“There appeared before the Court:

(a)  for the Government
Mr              H. Llewellyn,              Agent,
Mr              A. McFarlane QC,             
Mr              T. Eicke,              Counsel,
Ms               L. Harrison,
Ms              J. Ridgway,
Ms               J. Gray,
Ms              C. McCrystal,              Advisers;

(b)  for the applicants
Ms              B. Hewson,             
Mr               D. Casey,              Counsel,
Mr               R. Stein,              Solicitor,
Ms               N. Mole,
Mr               C. Stockford,
Ms              K. Weed,              Advisers.

The applicants P. and C. were also present.  The Court heard addresses by Ms Hewson and Mr McFarlane.

THE COURT

1.  Holds unanimously that there has been a violation of Article 6 § 1 of the Convention in respect of the applicants P. and C.;

2.  Holds unanimously that there has been a violation of Article 8 of the Convention in respect of the applicants P. and C. as regards the removal of S. at birth;

3.  Holds by six votes to one that there has been a violation of Article 8 of the Convention in respect of all the applicants as regards the subsequent procedures concerning the applications for care and freeing for adoption orders;

4.  Holds unanimously that no separate issue arises under Article 12 of the Convention;

5.  Holds unanimously

(a)  that the respondent State is to pay the applicants, P. and C., within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, the following amounts to be converted into pounds sterling at the date of settlement:

(i)  EUR 12,000 (twelve thousand euros) each to applicants P. and C. in respect of non-pecuniary damage;

(ii)  EUR 60,000 (sixty thousand euros) in respect of costs and expenses;

(b)  that simple interest at an annual rate of 7.25% shall be payable from the expiry of the above-mentioned three months until settlement;

6.  Dismisses unanimously the remainder of the applicants’ claim for just satisfaction.”


Loosing the case for the Applicant parent but raising valid issues on adoption and parents’ rights in the Court of Appeal when acting as a Barrister; now same issues brought and raised by other barristers on adoption issues and lower courts not following the law are being dismissed by Lord McFarlane in the Court of Appeal:

B v Birmingham City Council & Ors, Court of Appeal – Civil Division, April 28, 2004, [2004] 2 FCR 129,[2004] EWCA Civ 515,[2004] 3 WLR 1207,[2004] 2 FLR 337,[2004] Fam Law 560,[2005] Fam 105     (hearing date: 10th March 2004)  (Click here for full Judgment or here.)

Before: LORD JUSTICE THORPE LORD JUSTICE NEUBERGER and MR JUSTICE GAGE

Between: Mr A McFarlane QC & Miss A Chatterjee (instructed by Challinors Lyon & Clark) for the Applicant/Appellant; Mr R McCarthy QC& Miss M Corbett (instructed by Birmingham CC Legal Services) for the Local Authority; Mr A Hayden QC & Miss L Cavanagh (instructed by Fish & Co.,) for the 2nd Respondent; Mr M Keehan QC (instructed by Blair Allison) for the Guardian; Mr A Neaves (instructed by Anthony Collins & Co.,) for Mr & Mrs A;

“Although the effect of the range of orders made by Judge Hamilton was to terminate Mr and Mrs B’s contact with the four children as well as their parental responsibility for the four children, the Adoption Act 1976 leaves them with what Mr McFarlane describes as “a rump of remaining rights”. By that he means the parents’ right to notification under Section 19 of the Adoption Act 1976 and their right to apply under Section 20 for the revocation of the freeing orders in certain defined events. That enables me to summarise the two principal questions of law raised by this appeal:-i) Was the placement with Mr and Mrs A on the 13th August 2002 an unlawful placement in breach of Section 56 of the Act?ii) If yes, are the circumstances defined by Section 20(i) of the Act satisfied to enable Mr and Mrs B to apply for the discharge of the freeing orders of 20th December 2001?”

Conclusion: Appeal dismissed.

Contributions to the Legal System:

“Lord Justice Andrew McFarlane QC is the only member of the Court of Appeal with a third class degree”   (Click here.)

“The difference between doing a Cherie Blair (who finished top in her bar exams) and a Mr Justice Andrew McFarlane (the only member of the Court of Appeal with a third class degree) can hinge on avoiding the sort of mistakes several senior figures in the world of legal education highlighted to me.”   (‘How to avoid cross examinations’, The Guardian, 2012)  (Click here.)

Questions raised following the misbehaviour of Lord Justice McFarlane:

Should a Judge be allowed to hold such numerous employment positions, including employment positions with the Church of England, for which work and participation he is remunerated for? In doing so, would he spread himself too thinly by involving himself in everything but in reality doing nothing in the proper and expected manner? 

Do such Judges have a greater financial need and interest than the proper and just consideration of the law and justice in England and Wales which must be applied equally to all? 

How ‘The Bribary Act 2010’ be applied to such Judges who have a greater consideration, financial or otherwise, for the Church of England members and its contributors?  

Behaviour while sitting at the Court of Appeal:

Mostly fair and considerate to Barristers only. Courteous and polite towards his peers.

Litigants in Person cases taken in bulk and mostly dismissed while Barristers for cases to be heard next are getting ready to present in the same court room. On occasions fathers acting as Litigants in Person obtain permission to appeal and cases are directed to be considered under Pro-Bono, which only gets to look at the case the day before the hearing and meeting with the client one hour before the hearing.

Inconsiderate, dismissing and lack of involvement with most of Litigants in Person appearing in the Court of Appeal. Although on a few occasions persistent and flamboyantly dressed Russian women who appeared as Litigants in Person were able to obtain permission to appeal only to have their appeal dismissed later by a panel of 3 Judges in the Court of Appeal.

Different behaviour exhibited when sitting with 2 other Judges in the Court of Appeal: greater involvement in open court, comments and requests properly addressed and no facial expressions intended to intimidate any party in the room.

It is believed that Lord Justice Andrew McFarlane drafted the Judgment for Lord Justice Sullivan, as Lord Justice Sullivan was not even aware of the most basic family law rules and procedure producing the same truly incompetent Judgment as previously written, in 2012, by the third class degree judge (described as the most incompetent graduate in law school with a bare minim of passing the law) Lord Justice Andrew McFarlane.