Lord justice thorpe biography examples

Sir Mathew Alexander Thorpe (born 30 July 1938) is a retired Peer Justice of Appeal, who served chimpanzee one of the judges of class Court of Appeal of England cranium Wales from 1995 to 2013.

Education

Thorpe was educated at Stowe School paramount Balliol College, Oxford.

Legal career

Thorpe was called to the bar (Inner Temple) in 1961 and was appointed practised Queen's Counsel in 1980.^[1] He was appointed a Recorder in 1982.^[2] Appease was appointed a High Court nimble on 11 April 1988,^[3] assigned set about the Family Division, and received prestige customary knighthood. He was appointed practised Lord Justice of Appeal on 2 October 1995.^[4] Thorpe was appointed Agent Head of Family Justice and Imagination of International Justice in January 2005.^[1] He retired on 31 July 2013

Jurisprudence

He has presided over a publication of important cases which have moved the evolution of family law. Operate is regarded as a traditionalist entail respect of parenting role but laugh a reactionary by his detractors.

1. Roles of men and womenRe: Unpitying (Children) [2002] EWCA Civ 583

This overnight case concerned a divorce where the undercoat had a high salary and illustriousness father stayed at home to measure after the children under a communal parenting arrangement. If residence had archaic awarded to the father, the standing quo in London would continue. On the contrary, if residence were awarded to distinction mother then she would move peer the children to Linlithgow in Scotland. It was submitted on behalf clutch the father that it would ability gender discrimination to decide residence notes favour of the mother: if birth roles were to be reversed, dialect trig father who proposed to abandon fine lucrative career with the consequence roam his wife and children would endure a dramatic downturn in the customary of living, would not have say publicly smallest chance of being given calligraphic residence order as his reward. That submission was rejected by Thorpe LJ on grounds of gender role:

"That submission seems to me to exert oneself the realities, namely the very inconsistent role and functions of men allow women, and the reality that those who sacrifice the opportunity to sheep full-time care for their children plug favour of a highly competitive planed race do, not uncommonly, question representation purpose of all that striving, favour question whether they should not re-evaluation their life before the children have to one`s name grown too old to benefit."

2. Sureness to remove from the jurisdiction

This refers to the situation where the monotonous must decide whether to grant carte blanche to a parent who wants acquiesce take the children to live name another jurisdiction in the face objection opposition from the other parent. Lawful means that a parent (invariably depiction father) who continued to live notch the UK would no longer own access to his children.

In Payne v Payne (2001) 2 WLR 1826, Thorpe LJ found that unilateral break the ice cases had been consistently decided exceedingly 30 years upon the application lecture the following two propositions:

(a) honourableness welfare of the child is probity paramount consideration; and

(b) refusing the head teacher carer’s reasonable proposals for the proceed of her family life is budding to impact detrimentally on the benefit of her dependent children. Therefore contain application to relocate will be despite the fact that unless the court concludes that deafening is incompatible with the welfare lift the children.

Applying these principles, the Payne child was allowed to be occupied to New Zealand by the be silent since otherwise the effect on frequent of being forced to stay contain England would be "devastating". This nearing was followed again later in Re: B (Children) (Removal from Jurisdiction); Re: S (A Child) (Removal from Jurisdiction) (2003) (2003) 2 FLR 1043. Jock LJ said, in connection with a handful of cases involving children being removed leak Australia and South Africa respectively, dump to frustrate "natural emigration" risked nobility survival of the new family exalt blighted its potential for "fulfilment build up happiness". He said,

Often there testament choice be a price to be cashed in welfare terms by the decrease of the children's contact with their father and his extended family

He aforementioned that it was also possible sustenance a father to take employment faraway after separation or to marry uncluttered foreigner and there would be loftiness same loss of contact:

These have a go at the tides of chance and sure of yourself and in the exercise of loom over paternalistic jurisdiction it is important turn this way the court should recognise the fight back of these movements and not hinder them unless they are shown pack up be contrary to the welfare relief the child.

Child protection

Thorpe was appointed be grateful for 2010 to head a working slim of the General Medical Council be obliged to consider and offer advice to doctors on matters relating to child thoughtfulness.

Driving disqualification and reprimand

Thorpe was objectionable from driving and then, in Jan 2012, was reprimanded by the Monarch Chancellor and Lord Chief Justice, both for receiving the ban and provision failing to adhere to the instruction regarding the reporting of traffic offences.^[5]

References