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Anne Rafferty
Anne Rafferty
Anne Rafferty
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Dame Anne Judith Rafferty (born 26 July 1950) is an English jurist,[1] who served as a Lady Justice of Appeal of England and Wales from 2011 to 2020.

Key Information

Career

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Educated at Wolverhampton Girls' High School before studying law at the University of Sheffield, Rafferty was the first woman to chair the Criminal Bar Association.[2][3] She took silk (Queen's Counsel) in 1990 and was appointed a Recorder the following year. In 1999, she was promoted Deputy High Court Judge, before her appointment to the High Court of Justice in 2000, when she was assigned to the Queen's Bench Division, receiving the customary accolade of Dame Commander of the Order of the British Empire (DBE).

In 2011, Rafferty was appointed to the Court of Appeal of England and Wales with effect from 5 July,[4] and was sworn of the Privy Council.[5]

In November 2014, her appointment as Chancellor of the University of Sheffield (her alma mater) was announced, to replace Sir Peter Middleton in Summer 2015.[6]

In 2019, Lady Justice Rafferty became known for overturning a lower court decision that Prime Minister Boris Johnson had to face three allegations of misconduct in public office, including a disputed claim that the UK was sending £350m a week to Brussels.[7]

On 10 September 2022, Rafferty attended the Accession Council as a Privy Counsellor and signed the Proclamation of Accession of King Charles III.

Personal life

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Dame Anne Rafferty is married to fellow lawyer His Honour Judge Brian Barker CBE KC, formerly Recorder of London; they have four daughters.[8]

References

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[edit]
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Anne Rafferty

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Dame Anne Judith Rafferty DBE is a retired British who served as a of Appeal in the Court of Appeal of from 2011 until her retirement in 2020. Rafferty began her legal career as a in 1973, specializing in after being called to the bar by . She took silk as Queen's Counsel in 1990 and became the first woman to chair the Criminal Bar Association in 1995, following roles as its secretary and vice-chair. Appointed a Recorder in 1991, she advanced to Deputy Judge in 1996 and full Judge in the Queen's Bench Division in 2000. Her judicial tenure included presiding over high-profile criminal trials, such as the case against , butler to , charged with theft, and the retrial of Siôn Jenkins for murder. Beyond the bench, Rafferty has held influential positions, including Vice-Chair of the since 2017 and chair of the Judicial College, which trains judges. She currently serves as Chancellor of the , her , and in 2021 led an independent review into allegations of sexual abuse at . As a , she has advocated for the integration of scientific evidence in judicial proceedings.

Early Life and Education

Childhood and Family Background

Dame Anne Rafferty was born in 1950. Her mother, who served as a headmistress, urged her to pursue a career in during the early 1970s. provide scant additional details on her childhood or familial background, with no verified information on her father's occupation or siblings emerging from available biographical accounts. This sparsity reflects a general reticence in Rafferty's personal disclosures, focusing attention instead on professional milestones.

Academic and Professional Training

Rafferty obtained her (LLB) from the in 1971. She was called to the Bar by in 1973. Following her call, Rafferty commenced , securing a tenancy at 4 Brick Court chambers, which specialized in . Her early professional training emphasized criminal advocacy, aligning with the chambers' focus from the outset of her practice in 1973.

Entry into the Profession

Dame Anne Rafferty was called to the Bar by in 1973, following her graduation with a degree from the in 1971. She joined 4 Brick Court chambers (now known as 9 Bedford Row), a set focused on criminal practice, where she completed her and began building a career in criminal advocacy. Her early work involved prosecuting and defending in criminal cases, establishing her specialization in this field amid a legal environment where women barristers were rare. In the 1970s, women entering the Bar in the faced significant barriers, including overt , limited access to tenancies in prestigious chambers, and professional norms that discouraged female participation in certain cases, such as those involving , where women were sometimes barred from courtrooms without headwear or full participation. By 1972, women comprised only about 7% of practising barristers, with no formal maternity leave provisions, inflexible working conditions, and widespread assumptions that family responsibilities would curtail their careers. Rafferty navigated these challenges by focusing on , a demanding area requiring frequent appearances and on-call duties, which tested the resilience of female practitioners in a male-dominated .

Key Roles and Achievements in Advocacy

Rafferty was appointed Queen's Counsel in 1990, an early elevation at age 39 that marked her as a leading advocate in after 17 years at the Bar. In 1991, she became a Recorder, qualifying her to preside over criminal trials in Crown Courts on a part-time basis, a role that combined advocacy with initial judicial responsibilities. Her leadership within the Criminal Bar Association (CBA) represented a series of breakthroughs for women in the profession. Rafferty served successively as the CBA's first female secretary, vice-chair, and chair in 1995, positions that involved steering policy on reforms, advocacy standards, and bar funding amid challenges like cuts. This achievement came at a time when women constituted approximately 21.6% of barristers overall, highlighting her role in elevating female influence in a male-dominated specialist bar where criminal practice remained particularly underrepresented by women. In 2008, Rafferty was elected a Bencher of the , her Inn of Court, entailing oversight of education, discipline, and governance for barristers, further solidifying her stature in professional advocacy circles.

Judicial Appointments and Tenure

High Court Service (2000–2011)

In 2000, Anne Rafferty was appointed a of the , assigned to the Queen's Bench Division, where she served until her elevation to the Court of Appeal in 2011. Her assignment leveraged her prior specialization in criminal advocacy, positioning her to preside over serious criminal trials transferred to the from Crown Courts, as well as related civil and administrative matters within the division's purview. From 2003 to 2006, Rafferty held the position of Presiding Judge for the South Eastern Circuit, a senior administrative role overseeing the allocation of judicial resources, management of court schedules, and coordination of trials across multiple centers in the region, which encompassed high-volume criminal caseloads including , , and prosecutions. In this capacity, she ensured efficient disposition of cases amid operational pressures, such as judicial shortages and rising indictments, contributing to the circuit's operational resilience without documented metrics on case throughput attributable solely to her tenure.

Court of Appeal Role (2011–2020)

Dame Anne Rafferty was appointed a Lord Justice of Appeal in the Court of Appeal of on 5 July 2011, following approval by the Queen on the recommendation of the and Lord Chief Justice. This elevation recognized her extensive prior judicial experience in criminal matters, positioning her to contribute to appellate oversight in a court responsible for reviewing decisions from lower tribunals, including the Crown Court and . Her tenure focused on adjudicating appeals, with a primary emphasis on the Criminal Division, where cases involved challenges to convictions, sentences, and procedural irregularities, demanding close scrutiny of trial evidence, jury directions, and legal interpretations to determine if outcomes were unsafe or unjust. appeals also fell within the court's purview during this period, requiring application of principles ensuring administrative actions and lower court rulings aligned with statutory and standards. Rafferty's approach underscored the appellate function's role in maintaining consistency and fairness across the justice system, often involving multi-judge panels to deliberate on complex factual and legal disputes. Rafferty retired from the Court of Appeal on 27 July 2020, after approximately nine years of service, at the age of 70, concluding her judicial career amid broader disruptions to court proceedings caused by the , including remote hearings and backlog pressures. Her departure aligned with standard retirement provisions for senior judges, though the pandemic's effects on caseload management and access to justice were noted in contemporaneous judicial reports.

Notable Judgments and Decisions

In Johnson v Westminster Magistrates' Court EWHC 1709 (Admin), Rafferty LJ, sitting with Supperstone J in the Divisional Court, quashed a summons issued against Boris Johnson for three counts of misconduct in public office arising from his role in the Vote Leave campaign's claim that Brexit would save £350 million per week for the NHS. The court held that the private prosecutor's application demonstrated political animus, as evidenced by his prior campaigns against Johnson and selective targeting of pro-Brexit figures, rendering the proceedings vexatious and an abuse of process. Rafferty LJ emphasized that false statements in political advocacy, even if misleading, do not inherently constitute criminal misconduct unless involving a deliberate abuse of public office for personal gain, distinguishing such rhetoric from prosecutable offenses. The decision was praised by conservative commentators for safeguarding elected officials from partisan private prosecutions that could undermine democratic discourse, while critics from remain-aligned sources argued it set a precedent excusing deliberate deception in high-stakes referendums. Rafferty LJ subsequently refused permission for the prosecutor to appeal to the Supreme Court on 14 August 2019, affirming the lower ruling's finality. In Gulati v MGN Ltd EWCA Civ 1291, Rafferty LJ concurred with Arden LJ and Kitchin LJ in dismissing the publisher's appeal against substantial damages awards to victims of the phone-hacking scandal. The court upheld assessments totaling millions, including £260,000 to , recognizing misuse of private information as a serious warranting compensation beyond minimal sums for distress alone. This ruling reinforced protections against media intrusion, influencing subsequent settlements and inquiries into press ethics, though media advocates critiqued the awards as potentially chilling . Rafferty LJ also contributed to equality law in Hall v Bull EWCA Civ 134, agreeing that owners directly discriminated against a same-sex couple under the Equality Act 2006 by denying them a double room based on religious beliefs. The decision prioritized non-discrimination provisions over conscientious objections in commercial services, impacting accommodations sector compliance, with supporters hailing it for advancing civil rights and opponents viewing it as overriding faith-based exemptions. In criminal appeals, such as R v James and R v Selby , Rafferty LJ addressed sentencing guidelines for joint enterprise liability in cases, advocating procedural clarity in Court of Appeal reviews to ensure consistency while critiquing overly rigid precedents that might undervalue individual culpability. These judgments underscored her emphasis on evidence-based reasoning over expansive liability doctrines, drawing approval from defense practitioners for mitigating overreach in accomplice prosecutions.

Post-Retirement Activities

Independent Inquiries and Reviews

In March 2021, Rafferty was appointed to lead an independent review at into allegations of sexual abuse and harassment, prompted by anonymous testimonies published on the website detailing experiences of rape culture and peer-on-peer sexual assaults among pupils. The review examined the school's historical and current handling of such complaints, including safeguarding procedures and cultural factors contributing to inadequate responses. The report, published on 25 January 2022, concluded that while no systemic failures in abuse reporting were identified, the school's policies required strengthening to address peer sexual violence effectively. It recommended over a dozen specific reforms, including a complete rewrite of the safeguarding policy, mandatory education programs on consent and healthy relationships for all year groups, enhanced staff training on recognizing and responding to disclosures, and the establishment of clearer reporting pathways to prevent minimization of incidents. These measures aimed to overhaul the educational approach to sexual ethics, emphasizing proactive cultural change over reactive discipline. In February 2023, Rafferty was selected to chair an independent panel reviewing allegations of , , homophobia, and within the (WRU), covering the period from 2017 onward, following public complaints including a high-profile case of non-disclosure of a senior executive's conviction for coercive control. The panel, comprising Rafferty alongside rugby governance expert Smith and former England international , conducted interviews with over 100 witnesses, analyzed internal documents, and assessed through of power imbalances and complaint-handling deficiencies. The WRU review report, released on 14 November 2023, found a "toxic" culture marked by , , and fear of retaliation, particularly affecting women and minority staff, with inadequate mechanisms for addressing grievances that perpetuated inequality. It issued 36 recommendations, prioritized into immediate actions such as appointing an external oversight board for accountability, reforming governance to include diverse independent directors, overhauling complaints processes with independent adjudication, and implementing mandatory training on inclusion and bias recognition to foster evidence-based cultural reform. The WRU accepted all recommendations in full, committing to their implementation under monitored timelines.

Public Commentary on Justice System Reforms

In April 2024, Anne Rafferty proposed deploying "pop-up courts" in unconventional locations including libraries, church halls, supermarkets, schools during holidays, and pubs to enhance public access to justice and rebuild trust in the system. She recommended piloting the approach with coroners' inquests before broader application, arguing that while backlog reduction would follow as a secondary outcome, the core objective was to demystify courts and foster community engagement amid declining public confidence. This innovation addressed chronic underutilization of existing infrastructure, with Rafferty emphasizing that traditional courtrooms often operate below capacity, contributing to perceptions of remoteness. Rafferty has linked escalating backlogs to multifaceted causes, including the pandemic's disruptions, which she described as amplifying preexisting inefficiencies rather than originating them. In a post-retirement , she stated that "played a chunky part in achieving the backlog – but things were not good before," pointing to chronic underfunding, staffing shortages, and procedural rigidities as root factors predating 2020. Her analysis underscores causal chains where temporary halts in hearings compounded listing delays, with empirical data showing backlogs surpassing 60,000 cases by mid-2023, far exceeding pre-pandemic levels. In April 2025, Rafferty co-endorsed a more structural reform alongside former Lord Lord Burnett and ex-Director of Public Prosecutions Max Hill KC: establishing an intermediate criminal court tier for mid-level offences, presided over by a and two magistrates in lieu of . This model seeks to halve trial durations and costs by streamlining procedures for cases not warranting full scrutiny, targeting the empirical reality of disproportionate in a system where minor indictable offences consume jury slots inefficiently. While lauded for pragmatic efficiency gains, such ad-hoc and tiered adaptations have drawn scrutiny for potentially eroding procedural safeguards, with concerns that non-traditional venues or abbreviated formats could subtly impair perceived by prioritizing speed over the solemnity that underpins in judicial neutrality. These tensions reflect ongoing debates, where expedient innovations risk short-term fixes without addressing underlying fiscal constraints, versus calls for sustained to preserve institutional integrity.

Personal Life

Family and Relationships

Rafferty's mother, a headmistress, significantly influenced her decision to enter the legal profession, urging her in the early 1970s to study law at the University of Sheffield rather than medicine, based on Rafferty's aptitude for arts subjects over sciences. She is married to Brian Barker, a retired judge, former Recorder of London, and criminal barrister who was called to the bar in 1969. The couple had four daughters born between 1980 and 1985; their second child, Davina, born in 1981 with , died suddenly at age two from an undiagnosed heart condition while Rafferty was pregnant with their third daughter.

Interests and Public Engagements

Dame Anne Rafferty has engaged with the Royal Society as a , contributing to initiatives bridging and law. She has participated in the Society's Primers Steering Group, which organizes seminars for senior judges on scientific topics relevant to judicial decision-making. In this capacity, she chaired discussions on emerging issues, including a on "AI and the Law" held on September 23, 2025, exploring technical advances in applications for legal practice and the role of data in judicial contexts. Rafferty delivered a speech at Society's diversity conference on November 1, 2018, advocating for broader access to professions including and , emphasizing benefits to from inclusive participation across fields such as , , and the arts. She also spoke at the "Science in the Interests of " event on October 4, 2023, highlighting intersections between and legal proceedings. In a non-professional , Rafferty serves as an for Look Fabulous Forever, a brand targeted at women over 40, promoting positive aging and self-presentation through makeup techniques tailored for mature skin. Appointed in 2016, she has featured in interviews discussing the importance of appearance in professional and personal confidence, reflecting a later-life interest in defying stereotypes of aging for women in life.

References

  1. https://www.gov.uk/government/people/anne-rafferty
  2. https://royalsociety.org/people/anne-rafferty-13676/
  3. https://www.counselmagazine.co.uk/articles/dame-anne-rafferty-
  4. https://sheffield.ac.uk/govern/chancellor
  5. https://www.lookfabulousforever.com/us/blog/family/third-ambassador-lady-justice-anne-rafferty
  6. https://sheffield.ac.uk/alumni/news/chancellors-lady-justice-anne-raffertys-installation-speech
  7. https://www.thekalishertrust.org/2020/05/06/brief-encounter-lady-justice-rafferty
  8. https://www.counselmagazine.co.uk/articles/women-the-bar-historical-perspective
  9. https://www.lawcareers.net/Explore/Features/06032023-Belonging-at-the-Bar-womens-journey-from-barriers-to-barristers
  10. https://www.barcouncil.org.uk/resource/the-bar-in-numbers-blog.html
  11. https://royalsociety.org/science-events-and-lectures/2025/09/ai-and-the-law/
  12. https://www.judiciary.uk/appointments-and-retirements/court-of-appeal-retirement-of-lady-justice-rafferty-dbe/
  13. https://www.sportresolutions.com/news/sport-resolutions-welcomes-dame-anne-rafferty-as-a-member-of-the-sport-resolutions-arbitration-panel
  14. https://royalsociety.org/science-events-and-lectures/2023/10/science-in-the-interests-of-justice/
  15. https://www.gov.uk/government/news/appointment-of-lords-justices-of-appeal
  16. https://www.judiciary.uk/wp-content/uploads/2018/12/a-r-criminal-law-review-conference.pdf
  17. https://www.judiciary.uk/wp-content/uploads/2018/11/speech-lj-rafferty-royal-society-diversity-conference-nov18.pdf
  18. https://www.judiciary.uk/wp-content/uploads/2022/07/Judicial-College-Prospectus-2020-2021-1.pdf
  19. https://www.judiciary.uk/wp-content/uploads/2019/07/2019ewhc-1709-admin-johnson-v-westminster-mags-final.pdf
  20. https://www.lawgazette.co.uk/law/johnson-prosecutor-revealed-vexatious-political-motives-judges-rule-/5070843.article
  21. https://www.bbc.com/news/uk-politics-48554853
  22. https://www.theguardian.com/politics/2019/aug/14/johnson-quashes-supreme-court-action-over-350m-brexit-claim
  23. https://www.bbc.com/news/uk-politics-49345223
  24. https://www.carter-ruck.com/blog/mgn-loses-appeal-against-mann-js-judgment-in-the-mirror-group-phone-hacking-litigation/
  25. https://www.icj.org/wp-content/uploads/2010/01/Hall-v.-Bull-Court-of-Appeal-United-Kingdom.pdf
  26. https://www.highgateschool.org.uk/news/governors-confirm-dame-anne-rafferty-to-lead-independent-review/
  27. https://www.theguardian.com/uk-news/2021/mar/27/moment-of-reckoning-for-uk-schools-as-5800-accounts-of-abuse-published
  28. https://www.highgateschool.org.uk/news/independent-review-report-and-local-authority-safeguarding-review/
  29. https://www.camdennewjournal.co.uk/article/highgate-school-told-to-draw-up-new-rules-after-pupils-report-peer-sex-assaults
  30. https://www.hickmanandrose.co.uk/everyones-invited-what-has-been-the-sexual-abuse-websites-impact-on-the-criminal-law/
  31. https://www.bbc.com/news/uk-wales-64518300
  32. https://www.sportresolutions.com/services/wru-review
  33. https://www.theguardian.com/sport/2023/nov/14/wru-toxic-culture-discrimination-bullying-misogyny-review-rugby-union
  34. https://www.sportresolutions.com/assets/documents/231113_-_WRU_Indepenent_Review_-_Final_Report.pdf
  35. https://www.bbc.com/sport/rugby-union/67416181
  36. https://www.theguardian.com/sport/2023/nov/15/a-watershed-moment-welsh-rugby-union--change-minister-rafferty-report
  37. https://www.thetimes.com/uk/article/pop-up-courts-pubs-libraries-crime-justice-commission-cj2w7xlt2
  38. https://www.dailymail.co.uk/news/article-13344037/All-rise-Former-judge-says-pop-courts-set-pubs-libraries-supermarkets-bid-restore-faith-criminal-justice-system.html
  39. https://www.legalcheek.com/2024/04/tackle-backlog-with-pop-up-pub-courts-suggests-former-appeal-judge/
  40. https://www.newlawjournal.co.uk/content/support-for-intermediate-court-grows
  41. https://www.thetimes.com/uk/crime/article/radical-court-backlog-justices-crime-justice-commission-d5zzmr2cv
  42. https://www.middletemple.org.uk/members/masters-of-the-bench/recently-benched
  43. https://www.telegraph.co.uk/women/womens-business/10742257/Young-women-lawyers-stop-feeling-so-entitled-and-get-on-with-it-says-top-female-judge.html
  44. https://royalsociety.org/about-us/what-we-do/science-and-law/
  45. https://x.com/smithbarryc/status/1970511585350463958
  46. https://www.lookfabulousforever.com/blog/family/third-ambassador-lady-justice-anne-rafferty
  47. https://www.youtube.com/watch?v=q9ysK7AZazA
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