Lady Hale was appointed a
recorder (a part-time
circuit judge) in 1989, and in 1994 became a
judge in the Family Division of the
High Court of Justice (styled The Honourable Mrs Justice Hale). On 12 January 2004, she was appointed the first female
Lord of Appeal in Ordinary and was created a
life peer as
Baroness Hale of Richmond, of
Easby in the County of
North Yorkshire. In June 2013, she was appointed
Deputy President of the Supreme Court of the United Kingdom to succeed
Lord Hope of Craighead. In July 2017, she was appointed to be the next
President of the Supreme Court, succeeding
Lord Neuberger of Abbotsbury. She took office in September 2017. In December 2018, during an interview to mark the centenary of the
Sex Disqualification (Removal) Act 1919, Lady Hale argued that the judiciary needed to become more diverse so that the public have greater confidence in judges. Hale called for a more balanced gender representation on the UK's highest court and swifter progress promoting those from minority ethnic backgrounds and with "less privileged lives". However, Lady Hale objected to the idea of
positive discrimination because "no one wants to feel they have got the job in any way other than on their own merits". In September 2019, Prime Minister
Boris Johnson prorogued Parliament over
Brexit. As President of the
Supreme Court of the United Kingdom, Lady Hale along with ten other Justices of the Supreme Court sitting as an enlarged panel, unanimously found that Johnson's
prorogation was unlawful, terminating the suspension of Parliament. Hale described the ruling as "a source of, not pride, but satisfaction." In 2020, reaching the mandatory retirement age, Lady Hale retired from the court.
Jurisprudence and significant judgments Lord Kerr described one of the core features of Lady Hale's judicial reasoning as "her determination to scrutinise the impact which the law has on the most vulnerable". Kerr cites a number of decisions made by the court with a focus on family law and the rights of women including
In re McLaughlin, the judicial review brought by the
Northern Ireland Human Rights Commission concerning access to abortion, and
McFarlane v Tayside Health Board. Her judgment in
Yemshaw v London Borough of Hounslow—where the court expounded a broad understanding of the word "violence" as used in the
Housing Act 1996 that covered emotional abuse as well as physical assault—was subject to academic criticism for going beyond the Parliamentary intention, but also cited as an example of judicial sensitivity and foresight around the emergence of
coercive control as a legally recognised category of domestic abuse.
Hong Kong judgeship On 21 March 2018, the
Hong Kong judiciary announced her nomination as a non-permanent judge from other common law jurisdictions of the
Court of Final Appeal. Her appointment was accompanied by the appointments of
Andrew Cheung and
Beverley McLachlin. The appointment was gazetted by the
Chief Executive of Hong Kong Carrie Lam and took effect 30 July 2018 for a three-year term. In October 2020, after
China imposing a controversial
national security law on Hong Kong, Lady Hale expressed her concerns about hearing cases in Hong Kong: "I have never sat and it has not been arranged at least for me to sit . . . when that happened I would have a serious moral question to ask myself." In June 2021, she revealed her wish of not wanting to be reappointed as a judge in Hong Kong after her three-year term ending in July. As she was making her decision known before a webinar, she also mentioned the impact of the security law and said, 'The jury is out on how they will be able to operate the new national security law. There are all sorts of question marks up in the air.' However, the
Hong Kong Judiciary claimed that her leaving was for personal reasons. Lady Hale became the first senior British judge to quit Hong Kong's top court after her fellow judge, Australian
James Spigelman, resigned as a Hong Kong judge in November 2020. ==House of Lords==