Michael Fox (judge)
Encyclopedia
Sir Michael John Fox was a British barrister and judge. He was a High Court judge
from 1975 to 1981 and a Lord Justice of Appeal
from 1981 until 1992.
Fox was born in Ireland
to Roman Catholic parents, the youngest of four children. His father worked in the Irish Civil Service. His parents supported Michael Collins
, and moved to England in 1922 as Éamon de Valera
grew in popularity. Fox was educated at Drayton Manor School
in Hanwell
. His father died in 1930, and his mother remarried. His poor eyesight prevented him joining the armed forces during the Second World War, and worked in intelligence in the Admiralty
from 1942 to 1945.
He read jurisprudence at Magdalen College, Oxford
after the war, gaining a second-class degree in 1947 and then the Bachelor of Civil Law
in 1948. He was called to the bar at Lincoln's Inn
in 1949. He joined the chambers of Cyril Radcliffe at 3 New Square, as a pupil of John Sparrow (later Warden of All Souls College, Oxford
). He practised as a Chancery
barrister, dealing with tax, trusts, wills and real estate. He became a Queen's Counsel
in 1968, and became head of his chambers in 1972.
He was appointed as a High Court judge
in 1975, receiving the customary knighthood and becoming a Bencher
at Lincoln's Inn. He was allocated to the Chancery Division, where he was involved in various high-profile cases. He refused an injunction to stop the Coventry Free Festival, held in Stoneleigh
in Warwickshire, accepting undertakings to restrict the sound output and limit its opening hours; he granted an injunction to stop a clergyman from holding services at his church after he had been dismissed; and he granted Ladybird Books
an injunction to stop David Sullivan publishing a "hardcore
" pornographic magazine under the name "Ladybirds". He refused Bali bras permissions register their brand as a trade mark, as it would be confused with Berlei
bras.
He was promoted to the Court of Appeal in 1981, and as is customary was sworn of the Privy Council
. In 1984, he upheld the appeal by Victoria Gillick
, that children should not be given contraceptives without their parents' consent, except in an emergency or with the permission of the court, [1985] 1 All ER 533. This judgment was narrowly overturned by a 3-2 majority on appeal to the House of Lords
, [1986] AC 112. Also in 1984, he granted an injunction to stop The Daily Mirror
from publishing information from bugged telephone conversations of National Hunt jockey
John Francome
, [1984] 2 All ER 408.
In 1985, he ordered the Metropolitan Police
to give documents relating to the death of Blair Peach
, a teacher killed in London in 1979 during a demonstration by the Anti-Nazi League
against a National Front
election meeting, to his family, who were suing the police, [1986] 2 All ER 129. In 1988, he ruled that Doreen Hill, mother of Jacqueline Hill, the last woman murdered by the "Yorkshire Ripper", Peter Sutcliffe
, was not entitled to damages from West Yorkshire police, on the grounds that the police did not owe a duty of care
to the victims of criminals that they failed to catch, even if they were negligent, [1987] 1 All ER 1173. This decision was upheld by the House of Lords, [1988] 2 All ER 238.
In 1990, he upheld the rulings that The Independent
and The Sunday Times
were in contempt of court
for publishing extracts from Peter Wright
's book Spycatcher
, breaching court orders made against other newspapers, but fines of £50,000 were quashed. This decision was upheld by the House of Lords. Also in 1990, he rejected an appeal by "Miss Whiplash", Lindi St Clair
, holding that her income from prostitution was subject to income tax as "profits from trade". He also delivered the lead judgment in influential cases such as Ashburn Anstalt v Arnold [1989] Ch 1, distinguishing a lease
from a licence of land, and Agip (Africa) Ltd v Jackson [1991] Ch 547, on constructive trust
s and the ability to trace funds.
He married fellow barrister Hazel Stuart, stepdaughter of Lord Denning, in 1954; later, as Lady Hazel Fox QC, she was director of the British Institute of International and Comparative Law from 1982 to 1989. They had three sons and a daughter together. He took early retirement in 1992 as a result of his failing eyesight, and he spent much time at the family farm, Nuthanger Farm, near Watership Down, Hampshire
. He suffered from Alzheimer's disease
in his later years. He was survived by his wife and their four children.
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
from 1975 to 1981 and a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
from 1981 until 1992.
Fox was born in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
to Roman Catholic parents, the youngest of four children. His father worked in the Irish Civil Service. His parents supported Michael Collins
Michael Collins (Irish leader)
Michael "Mick" Collins was an Irish revolutionary leader, Minister for Finance and Teachta Dála for Cork South in the First Dáil of 1919, Director of Intelligence for the IRA, and member of the Irish delegation during the Anglo-Irish Treaty negotiations. Subsequently, he was both Chairman of the...
, and moved to England in 1922 as Éamon de Valera
Éamon de Valera
Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland...
grew in popularity. Fox was educated at Drayton Manor School
Drayton Manor High School
Drayton Manor High School, formerly Drayton Manor Grammar School, is a comprehensive school located in Hanwell, Ealing, England. The current headteacher is Sir Pritpal Singh. The school is a specialist Humanities College. Its emblem is a phoenix rising from a crown with the legend 'Nec Aspera...
in Hanwell
Hanwell
Hanwell is a town situated in the London Borough of Ealing in west London, between Ealing and Southall. The motto of Hanwell Urban District Council was Nec Aspera Terrent...
. His father died in 1930, and his mother remarried. His poor eyesight prevented him joining the armed forces during the Second World War, and worked in intelligence in the Admiralty
Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...
from 1942 to 1945.
He read jurisprudence at Magdalen College, Oxford
Magdalen College, Oxford
Magdalen College is one of the constituent colleges of the University of Oxford in England. As of 2006 the college had an estimated financial endowment of £153 million. Magdalen is currently top of the Norrington Table after over half of its 2010 finalists received first-class degrees, a record...
after the war, gaining a second-class degree in 1947 and then the Bachelor of Civil Law
Bachelor of Civil Law
Bachelor of Civil Law is the name of various degrees in law conferred by English-language universities. Historically, it originated as a postgraduate degree in the universities of Oxford and Cambridge, but many universities now offer the BCL as an undergraduate degree...
in 1948. He was called to the bar at Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in 1949. He joined the chambers of Cyril Radcliffe at 3 New Square, as a pupil of John Sparrow (later Warden of All Souls College, Oxford
All Souls College, Oxford
The Warden and the College of the Souls of all Faithful People deceased in the University of Oxford or All Souls College is one of the constituent colleges of the University of Oxford in England....
). He practised as a Chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
barrister, dealing with tax, trusts, wills and real estate. He became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1968, and became head of his chambers in 1972.
He was appointed as a High Court judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
in 1975, receiving the customary knighthood and becoming a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
at Lincoln's Inn. He was allocated to the Chancery Division, where he was involved in various high-profile cases. He refused an injunction to stop the Coventry Free Festival, held in Stoneleigh
Stoneleigh, Warwickshire
Stoneleigh is a small village in Warwickshire, England on the River Sowe, about 5 miles south of Coventry and 5 miles north of Leamington Spa. The village is situated about northeast of the confluence of the River Sowe and the River Avon.Stoneleigh does not have a public house...
in Warwickshire, accepting undertakings to restrict the sound output and limit its opening hours; he granted an injunction to stop a clergyman from holding services at his church after he had been dismissed; and he granted Ladybird Books
Ladybird Books
Ladybird Books is a London-based publishing company, trading as a stand-alone imprint within the Penguin Group of companies. The Ladybird imprint publishes mass-market children's books.-History:...
an injunction to stop David Sullivan publishing a "hardcore
Hardcore pornography
Hardcore pornography is a form of pornography that features explicit sexual acts. The term was coined in the second half of the 20th century to distinguish it from softcore pornography. It usually takes the form of photographs, often displayed in magazines or on the Internet, or films. It can also...
" pornographic magazine under the name "Ladybirds". He refused Bali bras permissions register their brand as a trade mark, as it would be confused with Berlei
Berlei
Berlei is a brand of women's lingerie and in particular bras and girdles.-History:The brand originated in Australia in 1917. Berlei undergarments are now sold in Australia by Pacific Brands and in the United Kingdom by Courtaulds Textiles....
bras.
He was promoted to the Court of Appeal in 1981, and as is customary was sworn of the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
. In 1984, he upheld the appeal by Victoria Gillick
Victoria Gillick
Victoria D.M. Gillick is a British campaigner best known for the eponymous 1985 UK House of Lords ruling that considered whether contraception could be prescribed to under-16s without parental consent or knowledge...
, that children should not be given contraceptives without their parents' consent, except in an emergency or with the permission of the court, [1985] 1 All ER 533. This judgment was narrowly overturned by a 3-2 majority on appeal to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, [1986] AC 112. Also in 1984, he granted an injunction to stop The Daily Mirror
The Daily Mirror
The Daily Mirror is a British national daily tabloid newspaper which was founded in 1903. Twice in its history, from 1985 to 1987, and from 1997 to 2002, the title on its masthead was changed to read simply The Mirror, which is how the paper is often referred to in popular parlance. It had an...
from publishing information from bugged telephone conversations of National Hunt jockey
Jockey
A jockey is an athlete who rides horses in horse racing or steeplechase racing, primarily as a profession. The word also applies to camel riders in camel racing.-Etymology:...
John Francome
John Francome
John Francome MBE is a former National Hunt Champion Jockey.Born in Swindon the son of a railway fireman, his family had no connection with the horse racing world. At sixteen years old he became apprentice to Lambourn trainer Fred Winter and so began his career as a jockey. He rode a total of...
, [1984] 2 All ER 408.
In 1985, he ordered the Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
to give documents relating to the death of Blair Peach
Blair Peach
Clement Blair Peach was a New Zealand-born teacher who was fatally assaulted by a police officer during an anti-racism demonstration in London, England....
, a teacher killed in London in 1979 during a demonstration by the Anti-Nazi League
Anti-Nazi League
The Anti-Nazi League was an organisation set up in 1977 on the initiative of the Socialist Workers Party with sponsorship from some trade unions and the endorsement of a list of prominent people to oppose the rise of far-right groups in the United Kingdom. It was wound down in 1981...
against a National Front
British National Front
The National Front is a far right, white-only political party whose major political activities took place during the 1970s and 1980s. Its popularity peaked in the 1979 general election, when it received 191,719 votes ....
election meeting, to his family, who were suing the police, [1986] 2 All ER 129. In 1988, he ruled that Doreen Hill, mother of Jacqueline Hill, the last woman murdered by the "Yorkshire Ripper", Peter Sutcliffe
Peter Sutcliffe
Peter William Sutcliffe is a British serial killer who was dubbed "The Yorkshire Ripper". In 1981 Sutcliffe was convicted of murdering 13 women and attacking seven others. He is currently serving 20 sentences of life imprisonment in Broadmoor Hospital...
, was not entitled to damages from West Yorkshire police, on the grounds that the police did not owe a duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
to the victims of criminals that they failed to catch, even if they were negligent, [1987] 1 All ER 1173. This decision was upheld by the House of Lords, [1988] 2 All ER 238.
In 1990, he upheld the rulings that The Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
and The Sunday Times
The Sunday Times
The Sunday Times is a British Sunday newspaper.The Sunday Times may also refer to:*The Sunday Times *The Sunday Times *The Sunday Times *The Sunday Times...
were in contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
for publishing extracts from Peter Wright
Peter Wright
Peter Maurice Wright was an English scientist and former MI5 counterintelligence officer, noted for writing the controversial book Spycatcher, which became an international bestseller with sales of over two million copies...
's book Spycatcher
Spycatcher
Spycatcher: The Candid Autobiography of a Senior Intelligence Officer , is a book written by Peter Wright, former MI5 officer and Assistant Director, and co-author Paul Greengrass. It was published first in Australia...
, breaching court orders made against other newspapers, but fines of £50,000 were quashed. This decision was upheld by the House of Lords. Also in 1990, he rejected an appeal by "Miss Whiplash", Lindi St Clair
Lindi St Clair
Lindi St Clair is an author, leader of the Corrective Party, and campaigner for prostitutes' rights.Formerly Britain's most famous 20th Century prostitute but now retired and confirmed as a Christian, St Clair achieved recognition when she accused the Inland Revenue in the High Court of England...
, holding that her income from prostitution was subject to income tax as "profits from trade". He also delivered the lead judgment in influential cases such as Ashburn Anstalt v Arnold [1989] Ch 1, distinguishing a lease
Lease
A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...
from a licence of land, and Agip (Africa) Ltd v Jackson [1991] Ch 547, on constructive trust
Constructive trusts in English law
Constructive trusts in English law are a form of trust created by the courts primarily where the defendant has dealt with property in an "unconscionable manner", but also in other circumstances; the property will be held in "constructive trust" for the harmed party, obliging the defendant to look...
s and the ability to trace funds.
He married fellow barrister Hazel Stuart, stepdaughter of Lord Denning, in 1954; later, as Lady Hazel Fox QC, she was director of the British Institute of International and Comparative Law from 1982 to 1989. They had three sons and a daughter together. He took early retirement in 1992 as a result of his failing eyesight, and he spent much time at the family farm, Nuthanger Farm, near Watership Down, Hampshire
Watership Down, Hampshire
Watership Down is a hill, or down, at Ecchinswell in the civil parish of Ecchinswell, Sydmonton and Bishops Green in the English county of Hampshire. It rises fairly steeply on its northern flank , but to the south the slope is much gentler . .The Down is best known as the setting for Richard...
. He suffered from Alzheimer's disease
Alzheimer's disease
Alzheimer's disease also known in medical literature as Alzheimer disease is the most common form of dementia. There is no cure for the disease, which worsens as it progresses, and eventually leads to death...
in his later years. He was survived by his wife and their four children.