Lord Clarke of Stone-cum-Ebony

Lord Clarke, who was one of the first Supreme Court Justices, retired from the Supreme Court in October 2017 and is now accepting appointments as arbitrator in commercial disputes.
 
Lord Clarke has had an illustrious career, first at the Admiralty and commercial bar, before being appointed a High Court Judge in 1993, sitting in the Admiralty, Commercial and Crown Court. He was appointed to the Court of Appeal and Privy Council in 1998 and was Master of the Rolls from 2005 to 2009. He was the first High Court judge to be appointed directly to the Supreme Court. He was appointed to the Court of Final Appeal in Hong Kong in 2011 as a non-permanent judge.

e: anthony.clarke@arb10fs.com

t: 0845 262 0310

Experience

Judicial Career
Lord Clarke was appointed a High Court Judge in January 1993, assigned to the Queen’s Bench Division.  He was Admiralty Judge and a judge in the Commercial Court from 1993 until April 1998 hearing commercial and maritime cases, including appeals from arbitrators’ decisions. 
 
He also tried serious criminal cases in the High Court and was a judge in the Court of Appeal Criminal Division (“CACD”).
 
In 1998 he became a member of the Court of Appeal, where he presided in the CACD. He was also a party to many civil and commercial cases in the Civil division.
 
As Lord Justice Clarke he conducted an inquiry into the collision between the Marchioness and the Bow Belle and its aftermath, which was a tragic affair but at least led to the RNLI putting lifeboats on the Thames.
 
In 2005 Lord Clarke became Master of the Rolls and was also head of Civil Justice.  This involved presiding in a large number of significant civil cases, including commercial disputes (including arbitration) and a wide range of public law cases and procedural disputes.  He was chairman of the Civil Justice Council and the Rules Committee. 
 
Lord Clarke promoted the examination of costs carried out by Lord Justice Jackson which he supported and which was subsequently in large part brought into force.
 
He was made a peer in June 2009 and was one of the first justices appointed to the new Supreme Court (as final court of appeal in the United Kingdom when it was instituted in October 2009.  He remained in the Supreme Court until retiring at the end of October 2017.  In the same period he regularly sat in the Judicial Committee of the Privy Council, which remains the final court of appeal for a number of Commonwealth countries. 
 
The Supreme Court (and indeed the Privy Council) only hear cases which the court concludes involve questions of general public importance.  These include, not only criminal and public law cases, but commercial cases, including maritime and general commercial cases and cases involving insolvency, arbitration and private and public international law.  It follows that he has taken part in many cases of real significance., both between 2005 and 2009 when he was Master of the Rolls and between 2009 and 20i7 when he was a Justice of the Supreme Court.
 
Lord Clarke was appointed a member of the panel of non-permanent overseas judges who sit in the Court of Final Appeal (“CFA”) in Hong Kong and sat on a number of occasions while he was on the Supreme Court here.  He is still a member of that panel.

Career at the Bar

Having read economics and law at King’s College Cambridge he was called to the Bar in 1965 and practised at what was then 2 Essex Court, first as a junior until he took silk and became a QC in 1979 and thereafter until he became judge in 1993.  He was head of chambers for a number of years in the 1980s. His practice was commercial and maritime and included both advocacy and, as time progressed, arbitration work as both counsel and arbitrator. He did a number of cases in Hong Kong and Singapore as a silk. Shipping inquiries were not uncommon in those years and he played a part in a good number, including the Herald of Free Enterprise, in which he was counsel for the owners.  He also became a Recorder in 1985 and a Bencher of the Middle Temple in 1987.


Memberships
  • Arbitration Institute of the Stockholm Chamber of Commerce.

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