Henry Arthur Pears Fisher
Encyclopedia
Sir Henry "Harry" Fisher (1918–2005) was a British
High Court judge
and President of Wolfson College, Oxford
.
, at the time of Harry's birth the headmaster of Repton
, later Bishop of Chester
and of London
, and Archbishop of Canterbury
.
Harry went to school at Marlborough College
and went on to Christ Church, Oxford
where in 1938 he obtained a First in Classical
Honour Moderations. His Literae Humaniores
studies were curtailed by World War II
, and after a year and a half he took a War Degree (unclassified).
and remained with it until 1946. He was posted to India
and served also in Burma
and Malaya
. He left the army in 1946 with the rank of lieutenant-colonel, having been mentioned in despatches.
in 1946. In the same year he entered the Prize Fellowship examination at All Souls
, applying as a candidate in Law, even though he had not read for a Law degree. He was elected in November 1946 and began a long connection with the college in various categories of fellowship. Between 1961 and 1966 he held the office of Estates Bursar, at a time when he was working as a silk and regularly appearing in court and giving advice.
Fisher was a junior counsel from 1946 to 1960, in which year he took silk
. After service on the Bar Council
he was Chairman of the Bar from 1966 to 1968.
in the Queen's Bench division. In July 1968 he was the junior member in a Court of Appeal
decision that quashed the conviction for obscenity
entered against the publishers of Last Exit to Brooklyn
. This case sounded the death knell for prosecutions on the grounds of obscenity
of books with literary merit
.
Much of his time on the bench was spent out of London trying criminal cases, and living in judges' lodgings.
his judicial appointment in 1970. He moved to the City
becoming a director of J. Henry Schroder Wagg & Co
under the chairmanship of his friend Gordon Richardson (later Governor of the Bank of England
).
From 1981 to 1987 he was Chairman of the Appeal Committee of the Take-over Panel
, and founder chairman of Imro (the Investment Management Regulatory Organisation).
, on the retirement of its founding president, Isiah Berlin. It was this position which Fisher put first in his Who's Who
entry. He presided over Wolfson's move from temporary premises to its newly completed buildings on the banks of the River Cherwell
. During his time at Wolfson he took and completed an Open University
degree in mathematics.
He was chairman of the Howard League for Penal Reform
from 1983 to 1991.
inquiry (1975–77) Fisher was asked by the Crown
to examine a gravely flawed prosecution which had resulted in the conviction of three young men for arson, murder and manslaughter. On a reference by the Home Secretary
, the Court of Appeal
presided over by Lord Scarman had quashed all the convictions. In the ensuing investigation, Fisher concluded that there had been a blatant disregard of the Judges' Rules
(although his report controversially supported some of the quashed convictions). His report recommended radical changes to the system and led directly to the appointment of the Philipps Commission and thence to the enactment of the Police and Criminal Evidence Act 1984
and the Prosecution of Offences Act 1985. The following year the Crown Prosecution Service
was established.
In 1979, Fisher was asked by Lloyd's of London
to conduct an inquiry into self-regulation at the institution. The following year his report recommended the adoption of a new constitution which he had drafted, including the creation of a new governing council and effective disciplinary procedures. It brought in protection for council members from claims for negligence: liability was made to depend on bad faith.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
High Court judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
and President of Wolfson College, Oxford
Wolfson College, Oxford
Wolfson College is a constituent college of the University of Oxford in England. Located in north Oxford along the River Cherwell, Wolfson is an all-graduate college with over sixty governing body fellows, in addition to both research and junior research fellows. It caters to a wide range of...
.
Early life and education
He was the eldest of six sons of Geoffrey FisherGeoffrey Fisher
Geoffrey Francis Fisher, Baron Fisher of Lambeth, GCVO, PC was Archbishop of Canterbury from 1945 to 1961.-Background:...
, at the time of Harry's birth the headmaster of Repton
Repton School
Repton School, founded in 1557, is a co-educational English independent school for both day and boarding pupils, in the British public school tradition, located in the village of Repton, in Derbyshire, in the Midlands area of England...
, later Bishop of Chester
Bishop of Chester
The Bishop of Chester is the Ordinary of the Church of England Diocese of Chester in the Province of York.The diocese expands across most of the historic county boundaries of Cheshire, including the Wirral Peninsula and has its see in the City of Chester where the seat is located at the Cathedral...
and of London
Bishop of London
The Bishop of London is the ordinary of the Church of England Diocese of London in the Province of Canterbury.The diocese covers 458 km² of 17 boroughs of Greater London north of the River Thames and a small part of the County of Surrey...
, and Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
.
Harry went to school at Marlborough College
Marlborough College
Marlborough College is a British co-educational independent school for day and boarding pupils, located in Marlborough, Wiltshire.Founded in 1843 for the education of the sons of Church of England clergy, the school now accepts both boys and girls of all beliefs. Currently there are just over 800...
and went on to Christ Church, Oxford
Christ Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
where in 1938 he obtained a First in Classical
Classics
Classics is the branch of the Humanities comprising the languages, literature, philosophy, history, art, archaeology and other culture of the ancient Mediterranean world ; especially Ancient Greece and Ancient Rome during Classical Antiquity Classics (sometimes encompassing Classical Studies or...
Honour Moderations. His Literae Humaniores
Literae Humaniores
Literae Humaniores is the name given to an undergraduate course focused on Classics at Oxford and some other universities.The Latin name means literally "more humane letters", but is perhaps better rendered as "Advanced Studies", since humaniores has the sense of "more refined" or "more learned",...
studies were curtailed by World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, and after a year and a half he took a War Degree (unclassified).
World War II
In 1940, Fisher joined the Royal Leicestershire RegimentRoyal Leicestershire Regiment
The Royal Leicestershire Regiment was an infantry regiment of the line in the British Army, with a history going back to 1688. It saw service for three centuries, before being amalgamated into The Royal Anglian Regiment in 1964.-1688 - 1881:...
and remained with it until 1946. He was posted to India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and served also in Burma
Myanmar
Burma , officially the Republic of the Union of Myanmar , is a country in Southeast Asia. Burma is bordered by China on the northeast, Laos on the east, Thailand on the southeast, Bangladesh on the west, India on the northwest, the Bay of Bengal to the southwest, and the Andaman Sea on the south....
and Malaya
British Malaya
British Malaya loosely described a set of states on the Malay Peninsula and the Island of Singapore that were brought under British control between the 18th and the 20th centuries...
. He left the army in 1946 with the rank of lieutenant-colonel, having been mentioned in despatches.
Bar
He read for the Bar and was called by the Inner TempleInner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1946. In the same year he entered the Prize Fellowship examination at All Souls
All Souls College, Oxford
The Warden and the College of the Souls of all Faithful People deceased in the University of Oxford or All Souls College is one of the constituent colleges of the University of Oxford in England....
, applying as a candidate in Law, even though he had not read for a Law degree. He was elected in November 1946 and began a long connection with the college in various categories of fellowship. Between 1961 and 1966 he held the office of Estates Bursar, at a time when he was working as a silk and regularly appearing in court and giving advice.
Fisher was a junior counsel from 1946 to 1960, in which year he took silk
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. After service on the Bar Council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
he was Chairman of the Bar from 1966 to 1968.
Bench
At the beginning of 1968 Fisher was appointed a High Court JudgeHigh Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
in the Queen's Bench division. In July 1968 he was the junior member in a Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
decision that quashed the conviction for obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
entered against the publishers of Last Exit to Brooklyn
Last Exit to Brooklyn
Last Exit to Brooklyn is a 1964 novel by American author Hubert Selby, Jr. The novel has become a cult classic because of its harsh, uncompromising look at lower class Brooklyn in the 1950s and for its brusque, everyman style of prose....
. This case sounded the death knell for prosecutions on the grounds of obscenity
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
of books with literary merit
Literary merit
Literary merit is a quality generally applied to the genre of literary fiction. A work is said to have literary merit if it is a work of quality, that is if it has some aesthetic value....
.
Much of his time on the bench was spent out of London trying criminal cases, and living in judges' lodgings.
The City
Missing the intellectual challenge of arguing complex cases he concluded that he had made a mistake and resigned fromhis judicial appointment in 1970. He moved to the City
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
becoming a director of J. Henry Schroder Wagg & Co
Schroders
Schroders plc is a British multinational asset management company with over 200 years of experience in the world's financial markets. The company employs 2,905 people worldwide who are operating from 32 offices in 25 different countries around Europe, America, Asia and the Middle East...
under the chairmanship of his friend Gordon Richardson (later Governor of the Bank of England
Governor of the Bank of England
The Governor of the Bank of England is the most senior position in the Bank of England. It is nominally a civil service post, but the appointment tends to be from within the Bank, with the incumbent grooming his or her successor...
).
From 1981 to 1987 he was Chairman of the Appeal Committee of the Take-over Panel
Panel on Takeovers and Mergers
The Panel on Takeovers and Mergers is a regulatory body located in London, England. It was set up in 1968 and is charged with the administration of the City Code on Takeovers and Mergers...
, and founder chairman of Imro (the Investment Management Regulatory Organisation).
Academia
In 1973 he became a member of the Governing Body of Imperial College, and from 1975 to 1988 was its chairman. In 1975, he was elected President of Wolfson College, OxfordWolfson College, Oxford
Wolfson College is a constituent college of the University of Oxford in England. Located in north Oxford along the River Cherwell, Wolfson is an all-graduate college with over sixty governing body fellows, in addition to both research and junior research fellows. It caters to a wide range of...
, on the retirement of its founding president, Isiah Berlin. It was this position which Fisher put first in his Who's Who
Who's Who (UK)
Who's Who is an annual British publication of biographies which vary in length of about 30,000 living notable Britons.-History:...
entry. He presided over Wolfson's move from temporary premises to its newly completed buildings on the banks of the River Cherwell
River Cherwell
The River Cherwell is a river which flows through the Midlands of England. It is a major tributary of the River Thames.The general course of the River Cherwell is north to south and the 'straight-line' distance from its source to the Thames is about...
. During his time at Wolfson he took and completed an Open University
Open University
The Open University is a distance learning and research university founded by Royal Charter in the United Kingdom...
degree in mathematics.
He was chairman of the Howard League for Penal Reform
Howard League for Penal Reform
The Howard League for Penal Reform is a London-based registered charity in the United Kingdom. It is the oldest penal reform organisation in the world, named after John Howard. Founded in 1866 as the Howard Association, a merger with the Penal Reform League in 1921 created the Howard League for...
from 1983 to 1991.
Enquiries
During this time he was frequently called upon to undertake the chairmanship of high profile enquiries. In the ConfaitMurder of Maxwell Confait
The investigation into the murder of Maxwell Confait was a case which raised questions about police procedures, how police adhered to the procedures already stipulated and caused a major review in how suspects are treated, particularly children and "the educationally subnormal".-Details of the...
inquiry (1975–77) Fisher was asked by the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
to examine a gravely flawed prosecution which had resulted in the conviction of three young men for arson, murder and manslaughter. On a reference by the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
presided over by Lord Scarman had quashed all the convictions. In the ensuing investigation, Fisher concluded that there had been a blatant disregard of the Judges' Rules
Judges' Rules
The Judges' Rules are a set of guidelines about police and questioning and the acceptability of the resulting statements and confessions as evidence in court...
(although his report controversially supported some of the quashed convictions). His report recommended radical changes to the system and led directly to the appointment of the Philipps Commission and thence to the enactment of the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
and the Prosecution of Offences Act 1985. The following year the Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
was established.
In 1979, Fisher was asked by Lloyd's of London
Lloyd's of London
Lloyd's, also known as Lloyd's of London, is a British insurance and reinsurance market. It serves as a partially mutualised marketplace where multiple financial backers, underwriters, or members, whether individuals or corporations, come together to pool and spread risk...
to conduct an inquiry into self-regulation at the institution. The following year his report recommended the adoption of a new constitution which he had drafted, including the creation of a new governing council and effective disciplinary procedures. It brought in protection for council members from claims for negligence: liability was made to depend on bad faith.
Sources
- Obituary in The IndependentThe IndependentThe Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
, by Patrick NeillPatrick Neill, Baron Neill of BladenFrancis Patrick Neill, Baron Neill of Bladen QC is a cross bench member of the House of Lords.Educated at Highgate School and Magdalen College, Oxford, he was Warden of All Souls College, Oxford from 1977 until 1995, where he has been an Honorary Fellow since 1995. He was Vice-Chancellor of Oxford... - Commentary on obituary by Louis Blom-CooperLouis Blom-CooperSir Louis Jacques Blom-Cooper QC FKC is an author and UK lawyer specialising in public law and administrative law.-Education:...