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词条 David Neuberger, Baron Neuberger of Abbotsbury
释义

  1. Early life

  2. Career

     Selected cases  Awards and honours 

  3. Personal life

  4. References

  5. Further reading

{{Use dmy dates|date=June 2015}}{{Infobox judge
|honorific-prefix = The Right Honourable
|name = The Lord Neuberger of Abbotsbury
|honorific-suffix = {{postnominals|country=GBR|PC}}, {{postnominals|country=HKG|GBS}}, {{postnominals|country=GBR|HonFRS}}
|image = Lord David Neuberger Royal Society.jpg
|caption = Lord Neuberger of Abbotsbury at the Royal Society admissions day in London, July 2017
|office = President of the Supreme Court of the United Kingdom
|term_start = 1 October 2012
|term_end = 4 September 2017
|1blankname = Deputy
|1namedata = The Lord Hope
The Baroness Hale
|monarch = Elizabeth II
|predecessor = The Lord Phillips
|successor = The Baroness Hale of Richmond
|office1 = Master of the Rolls
|term_start1 = 1 October 2009
|term_end1 = 30 September 2012
|predecessor1 = The Lord Clarke of Stone-cum-Ebony
|successor1 = Lord Dyson
|office2 = Lord of Appeal in Ordinary
|term_start2 = 11 January 2007
|term_end2 = 30 September 2009
|predecessor2 = The Lord Nicholls of Birkenhead
|successor2 = Lord Dyson (as Justice of the Supreme Court)
|office3 = Lord Justice of Appeal
|term_start3 = 12 January 2004
|term_end3 = 11 January 2007
|birth_date = {{Birth date and age|df=yes|1948|1|10}}
|birth_place =
|death_date =
|death_place =
|restingplace =
|nationality = British
|spouse = Angela Holdsworth
|children = 3
|parents = Albert Neuberger
Lilian Dreyfus
|residence =
|education = Westminster School
|alma_mater = University of Oxford (MA)
|occupation = Judge
|profession = Barrister
|signature =
|website =
|footnotes =
}}{{CourtsEnglandWales}}David Edmond Neuberger, Baron Neuberger of Abbotsbury, PC, GBS, HonFRS ({{IPAc-en|ˈ|nj|uː|b|ɜr|ɡ|ər}}; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court in 2012. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal.[1]

Early life

Neuberger was born on 10 January 1948, the son of Albert Neuberger,[2] Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmingham, Michael Neuberger was Professor of Molecular Immunology at the University of Cambridge, while Anthony Neuberger is Professor in Finance at Warwick Business School, University of Warwick.[3]

He was educated at Westminster School, and studied chemistry at Christ Church, Oxford.[2][4]

Career

After graduation, Neuberger worked at the merchant bank, N M Rothschild & Sons, from 1970–73.[2][5] Neuberger was called to the Bar at Lincoln's Inn in 1974,[2][6] where he became a Bencher in 1993. He became a Queen's Counsel in 1987. He was a Recorder from 1990 to 1 October 1996, when he was appointed a High Court Judge in the Chancery Division and received the customary knighthood.[7]

In 2001, he was made Supervisory Chancery Judge of Midland, Wales and Chester, and of the Western Circuits, a post he held until 12 January 2004, when he was appointed a Lord Justice of Appeal and a member of the Privy Council.[8][9]

Since 2005, he has been co-chair (with Richard Susskind) of ITAC (Lord Chancellor's Information Technology and Courts Committee).

On 11 January 2007, he succeeded Lord Nicholls of Birkenhead as a Lord of Appeal in Ordinary[6] and was made a life peer as Baron Neuberger of Abbotsbury, of Abbotsbury in the County of Dorset, and introduced in the House of Lords on 15 January 2007 between Lord Bingham of Cornhill and his sister-in-law, Baroness Neuberger.[10]

His rise to the Court of Appeal[11] and then to the House of Lords is one of the quickest in recent times. Although Lord Devlin was, at 55, even younger on his own appointment to the House of Lords in 1960, Neuberger was the youngest sitting Law Lord.[12]

It was announced on 23 July 2009 that he would be appointed the next Master of the Rolls, succeeding Lord Clarke of Stone-cum-Ebony, who became one of the inaugural Justices of the Supreme Court on the retirement of Lord Scott of Foscote. This appointment took effect on 1 October 2009.[13]

Between 2006 and 2007, he led an investigation for the Bar Council into widening access to the Bar. He also served on the Panel on Fair Access to the Professions, led by former Health Secretary Alan Milburn, which reported in July 2009. Other Panel members included Trevor Phillips, head of the Commission for Equalities and Human Rights, Michael Grade, Chairman of ITV, and Martin Rees, Astronomer Royal.[14]

In May 2010, Neuberger gave a controversial, ex tempore dissenting judgment that the trade union Unite had not complied with ballot rules under trade union legislation.[15]

In July 2010 Neuberger ruled that peace protesters in Parliament Square who had camped out in Democracy Village should be evicted after the protesters lost an appeal.[16]

In May 2011, while commenting on super injunctions, he said that social media sites like Twitter were "totally out of control" and society should consider ways to bring such websites under control.[17]

In July 2012, it was announced that Neuberger would succeed Lord Phillips of Worth Matravers as President of the Supreme Court,[18] which post he took up on 1 October 2012.[19]

In February 2017, it was announced that Neuberger was stepping down "in the Summer" from his role in the Supreme Court and retiring.[20][21]

Selected cases

  • In re Osiris Insurance Ltd [1991] 1 BCLC 182
  • Re Park House Properties [1997] 2 BCLC 530
  • Yuen v McDonald's Corp (Chancery Division, 27 November 2001) Daily Telegraph, 6 December 2001
  • Re T&D Industries plc [2000] BCC 956
  • Krasner v McMath [2005][22]
  • St Helen's MBC v Derbyshire [2007] UKHL 16, [2007] ICR 841
  • Stack v Dowden [2007] 2 AC 432, Lord Neuberger gave a powerful dissenting speech in which he warned the majority of violating "principle", departing from established precedence and complicating judicial tasks.[23]
  • Ladele v London Borough of Islington [2009] [24]
  • British Airways plc v Unite the Union [2010] EWCA Civ
  • Manchester City Council v Pinnock [2010] UKSC 45, Lord Neuberger MR sitting in the Supreme Court along with 8 other Justices giving the only judgment,[25]
  • The Public Prosecution Service v William Elliott and Robert McKee [2013] UKSC 32
  • Jetivia SA v Bilta (UK) Limited (in liquidation) [2015] UKSC 23
  • Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd [2015] UKSC 72

Awards and honours

He was elected an Honorary Fellow of the Royal Society in 2017.[26]

In 2018, Neuberger was awarded the Gold Bauhinia Star by the Chief Executive of Hong Kong.[27]

Personal life

In 1976, Neuberger married Angela Holdsworth, the TV producer and writer. They have three children, Jessica, Nicholas and Max, who are all solicitors.[4] Neuberger's sister-in-law, through his brother Anthony Neuberger, is Julia Neuberger, Baroness Neuberger, Senior Rabbi of the West London Synagogue.

Neuberger was Chairman of the Schizophrenia Trust from 2003 to 2013, when it merged with and was subsumed by Mental Health Research UK: he is now a Trustee of MHRUK. He was a Governor of the University of the Arts London between 2000 and 2010. He was President of the British Records Association from 2009 to 2012.

References

1. ^{{cite web|url=http://www.judiciary.gov.hk/en/organization/judges.htm|title=About Us – List of Judges and Judicial Officers|website=Judiciary.gov.hk|accessdate=29 January 2018}}
2. ^{{Who's Who | author=Anon|surname = NEUBERGER OF ABBOTSBURY | othernames = Baron | id = U29330 | year = 2017 | doi = 10.1093/ww/9780199540884.013.29330 | edition = online Oxford University Press|location=Oxford}} {{subscription required}}
3. ^{{cite web|title=Anthony Neuberger|url=http://www2.warwick.ac.uk/fac/soc/wbs/subjects/finance/faculty1/anthony_neuberger|website=2.warwick.ac.uk|accessdate=27 July 2009}}
4. ^{{cite web|title=The Panel on Fair Access to the Professions: David Neuberger|url=http://www.cabinetoffice.gov.uk/strategy/work_areas/accessprofessions/david_neuberger.aspx|archive-url=http://webarchive.nationalarchives.gov.uk/20090316085739/http://www.cabinetoffice.gov.uk/strategy/work_areas/accessprofessions/david_neuberger.aspx|dead-url=yes|archive-date=16 March 2009|publisher=Cabinet Office|date=23 February 2009|accessdate=28 July 2009}}
5. ^[https://www.bloomberg.com/apps/news?pid=20601102&sid=aNLSTDfvAyUI&refer=uk U.K.'s Youngest Law Lord David Neuberger Joins Court at Age 59], Bloomberg, 10 January 2007.
6. ^{{cite web|title=Judicial Appointment for Sir David|url=http://www.number10.gov.uk/Page10592|publisher=10 Downing Street|date=13 December 2006|accessdate=27 July 2009|deadurl=yes|archiveurl=http://webarchive.nationalarchives.gov.uk/20091112080204/http%3A//www.number10.gov.uk/Page10592|archivedate=12 November 2009}}
7. ^{{London Gazette|issue=54543|date=4 October 1996|page=13211}}
8. ^{{London Gazette|issue=57179|date=15 January 2004|page=504}}
9. ^{{cite web|url=http://www.privy-council.org.uk/files/word/11%20February%202004.doc|archive-url=http://webarchive.nationalarchives.gov.uk/20101103140224/http://www.privy-council.org.uk/files/word/11%20February%202004.doc|dead-url=yes|archive-date=3 November 2010|publisher=Privy Council Office|title=Orders for 11 February 2004}}
10. ^[https://publications.parliament.uk/pa/ld200607/minutes/070116/ldordpap.htm#minproc Minutes of Proceedings of Monday 15 January 2007]; Publications.parliament.uk, retrieved 27 July 2009.
11. ^{{cite web|url=http://www.hmcourts-service.gov.uk/cms/1287.htm|title=Lord Neuberger's entry on Court of Appeal webpage|website=hmcourts-service.gov.uk|deadurl=yes|archiveurl=https://web.archive.org/web/20100718191227/http://www.hmcourts-service.gov.uk/cms/1287.htm|archivedate=18 July 2010|df=dmy-all}}
12. ^{{cite web|url=http://www.thelawyer.com/cgi-bin/item.cgi?id=123470|title=Neuberger LJ in fast-track promotion to the Lords]|work=The Lawyer|date=13 December 2006|deadurl=yes|archiveurl=https://web.archive.org/web/20070927233951/http://www.thelawyer.com/cgi-bin/item.cgi?id=123470|archivedate=27 September 2007}}
13. ^{{cite book|author1=Bill Jones|author2=Philip Norton|title=Politics UK|url=https://books.google.com/books?id=ybXcAwAAQBAJ&pg=PA442|year=2014|publisher=Routledge|page=442|isbn=9781317581031}}
14. ^{{cite web|title=Panel on Fair Access to the Professions|url=http://www.cabinetoffice.gov.uk/strategy/work_areas/accessprofessions.aspx|archive-url=http://webarchive.nationalarchives.gov.uk/20090316085058/http://www.cabinetoffice.gov.uk/strategy/work_areas/accessprofessions.aspx|dead-url=yes|archive-date=16 March 2009|date=27 July 2009|accessdate=28 July 2009}}
15. ^{{cite news|title=BA strike: Ban lifted by High Court|publisher=BBC News|url=http://news.bbc.co.uk/1/hi/business/10130274.stm|date=20 May 2010|accessdate=21 May 2010}}
16. ^{{cite news |url=https://www.bbc.co.uk/news/uk-england-london-10659518 |publisher=BBC News |title=Parliament Square protesters lose eviction appeal |date=16 July 2010}}
17. ^{{cite news|url=https://www.bbc.co.uk/news/uk-13489775|publisher=BBC News|title=Journalist's Twitter posts spark prosecution call|date=22 May 2011}}
18. ^{{cite web|url=http://www.supremecourt.uk/news/new-president-of-the-supreme-court.html|title=New President of the Supreme Court|date=12 July 2012|publisher=Supreme Court of the United Kingdom|accessdate=12 July 2012}}
19. ^{{cite news|title=New Supreme Court chief Lord Neuberger sworn in|url=https://www.independent.co.uk/news/uk/home-news/new-supreme-court-chief-lord-neuberger-sworn-in-8192155.html|newspaper=Independent|location=London, UK|first=Brian|last=Farmer|date=1 October 2012}}
20. ^{{Cite web|url=https://www.supremecourt.uk/news/judicial-vacancies.html|title=Supreme Court – Judicial Vaccancies|date=16 February 2017|website=UK Supreme Court|access-date=16 February 2016}}
21. ^In July 2017, it was announced that Baroness Hale of Richmond would succeed him as President of the Supreme Court in September {{cite web|url=https://www.gov.uk/government/news/president-of-the-supreme-court-appointment-baroness-hale|title=President of the Supreme Court appointment: Baroness Hale|publisher=10 Downing Street|date=21 July 2017|accessdate=23 July 2017}}
22. ^{{Cite web |url=http://www.bailii.org/ew/cases/EWCA/Civ/2005/1072.html |title=Archived copy |access-date=14 March 2010 |archive-url=https://web.archive.org/web/20150923210731/http://www.bailii.org/ew/cases/EWCA/Civ/2005/1072.html |archive-date=23 September 2015 |dead-url=yes |df=dmy-all }}
23. ^[2007] 2 AC 432 at [127]
24. ^{{Cite web |url=http://www.bailii.org/ew/cases/EWCA/Civ/2009/1357.html |title=Archived copy |access-date=6 March 2010 |archive-url=https://web.archive.org/web/20150512194743/http://www.bailii.org/ew/cases/EWCA/Civ/2009/1357.html |archive-date=12 May 2015 |dead-url=yes |df=dmy-all }}
25. ^[https://web.archive.org/web/20140815171107/http://www.bailii.org/uk/cases/UKSC/2010/45.html]
26. ^{{cite web|url=https://royalsociety.org/people/david-neuberger-13407|title=David Neuberger|publisher= Royal Society|location=London|year=2017|author=Anon|website=royalsociety.org|accessdate=27 May 2017}}
27. ^[https://www.gld.gov.hk/egazette/pdf/20182229e/egn2018222932.pdf "G.N.(E.) 32"] Hong Kong Government Gazette (No. 29 Vol. 22 (Extraordinary), 1 July 2018)

Further reading

  • {{cite book|author1=Bill Jones|author2=Philip Norton|title=Politics UK|url=https://books.google.com/books?id=ybXcAwAAQBAJ&pg=PA442|year=2014|publisher=Routledge|page=442|isbn=9781317581031}}
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|-{{s-prec}}{{s-bef|before = Murray Gleeson
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22 : 1948 births|Living people|People educated at Westminster School, London|Alumni of Christ Church, Oxford|English judges|English Jews|Law lords|Crossbench life peers|Members of the Privy Council of the United Kingdom|Chancery Division judges|Members of Lincoln's Inn|Members of the Judicial Committee of the Privy Council|Masters of the Rolls|Justices of the Court of Final Appeal (Hong Kong)|Hong Kong judges|Presidents of the Supreme Court of the United Kingdom|Knights Bachelor|Neuberger family|English people of German-Jewish descent|Honorary Fellows of the Royal Society|N M Rothschild & Sons people|Justices of the Supreme Court of the United Kingdom

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