Philippa Whipple

The Right Honourable
Lady Justice Whipple
DBE
Whipple in 2017
Lady Justice of Appeal
Incumbent
Assumed office
15 November 2021[1]
MonarchsElizabeth II
Charles III
High Court Judge
Queen's Bench Division
In office
2015[2]–2021
Personal details
Born
Philippa Jane Edwards

(1966-05-07) 7 May 1966 (age 58)
Aldershot, Hampshire, England
Alma materMerton College, Oxford

Dame Philippa Jane Whipple, DBE (née Edwards; born 7 May 1966) is a British judge, former barrister, and former solicitor. Between October 2015 and November 2021, she was a Justice of the High Court assigned to the Queen's Bench Division.[3] Since November 2021 she has been a judge of the Court of Appeal.

Early life

Whipple was born in or near Aldershot, England,[4] on 7 May 1966 to the Hon. John Braham Scott Edwards, Esq., then a Judge of the South Eastern Circuit, and his wife, Veronica Mary Edwards.[5] She was educated at St Mary's School, Ascot, and then earned a bachelor's degree in law from Merton College, Oxford.[6][7]

Career

Whipple began her legal career as a solicitor, admitted in 1991.[5] She was called to the Bar by Middle Temple in 1994[5] and was a tenant at 1 Crown Office Row. She was appointed as a Recorder, in 2005.[6][7] On 22 March 2010, she was made a Queen's Counsel (QC).[8] On 1 October 2015, Whipple was appointed a Justice of the High Court in London.[6][9]

Taylor Clark v. HMRC

Towards the later end of her career at the bar, Whipple represented the applicant (Taylor Clark) in Taylor Clark Leisure Plc v HM Revenue and Customs, in litigation in Scotland. As part of an appeal in the course of that case, Whipple sought to be allowed to appear before the Court of Session.

In May 2015, the a three-judge panel of the Court of Session presided by the then-Lord President declined to permit Whipple to address a Scottish court on behalf of a client in respect of a tax matter.[10] Whilst the Court acknowledged that under European law, counsel from other member states could appear in Scottish courts, the Court observed that the provisions did not extend to counsel in different parts of the same member state (i.e. the UK, then a member of the European Union), finding that the Secretary of State could have, but had not, exercised his power under separate national legislation to make regulations on the matter, and that in the absence of such provisions, Scottish law precluded the ad hoc admission of counsel in cases like that of Whipple. The court additionally observed that Whipple could have sought full admission via an expedited procedure to the Scottish bar.[11]

The substantive appeal was ultimately allowed[12] the following year, before that decision was in turn overturned[13] on further appeal by the Supreme Court.

Honours

On 3 November 2015, Whipple was appointed a Dame Commander of the Order of the British Empire (DBE).[14] She is an honorary fellow of Merton College, Oxford.[15] She was appointed to the Privy Council on 15 December 2021.[16]

References

  1. ^ "No. 63531". The London Gazette. 17 November 2021. p. 20732.
  2. ^ "No. 61371". The London Gazette. 1 October 2015. p. 18578.
  3. ^ "The Hon Mrs Justice Whipple". Masters of the Bench. Middle Temple. Retrieved 16 September 2020.
  4. ^ "Index entry". FreeBMD. ONS. Retrieved 16 September 2020.
  5. ^ a b c 'WHIPPLE, Hon. Dame Philippa Jane Edwards', Who's Who 2017, A & C Black, an imprint of Bloomsbury Publishing plc, 2017; online edn, Oxford University Press, 2016; online edn, Nov 2016 accessed 2 July 2017
  6. ^ a b c "Courts and Tribunals Judiciary | Mrs Justice Philippa Whipple DBE". Judiciary.gov.uk. 13 February 2017. Retrieved 30 June 2017.
  7. ^ a b "> 1 CROWN OFFICE ROW (Chambers of Philip Havers QC) > London, ENGLAND > Lawyer profiles > Philippa Whipple QC". The Legal 500. Retrieved 30 June 2017.
  8. ^ "Crown Office". The London Gazette. No. 59372. 25 March 2010. Retrieved 2 July 2017.
  9. ^ "No. 61371". The London Gazette. 5 October 2015. p. 18578.
  10. ^ "Taylor Clark Leisure Plc v HM Revenue and Customs [2015] ScotCS CSIH 32 (24 April 2015)". www.bailii.org. Retrieved 20 January 2023.
  11. ^ "Court's 'inherent power' does not extend to granting 'ad hoc' rights of audience, Inner House rules". Scottish Legal News. 27 April 2015. Retrieved 20 January 2023.
  12. ^ "Taylor Clark Leisure Plc v HM Revenue and Customs [2016] ScotCS CSIH_54 (14 July 2016)". www.bailii.org. Retrieved 20 January 2023.
  13. ^ "Revenue and Customs v Taylor Clark Leisure Plc (Scotland) (Rev 1) [2018] UKSC 35 (11 July 2018)". www.bailii.org. Retrieved 20 January 2023.
  14. ^ "No. 61406". The London Gazette. 10 November 2015. p. 22094.
  15. ^ Honorary Fellow. "The Hon Dame Philippa Whipple". Merton.ox.ac.uk. Retrieved 30 June 2017.
  16. ^ "Orders Approved and Business Transacted at the Privy Council Held by the Queen at Windsor Castle on 15th December 2021" (PDF). privycouncil.independent.gov.uk. 15 December 2021. Retrieved 12 March 2022.