Mark Potter (judge)
Encyclopedia
Sir Mark Howard Potter PC
(born 27 August 1937) is an English judge who was President of the Family Division
and Head of Family Justice for England and Wales from 7 April 2005 to 5 April 2010.
in Cambridge and on to read law at Gonville and Caius College, Cambridge
. He is now Honorary Fellow of Caius.
in 1961 and practised in commercial law at Fountain Court chambers. He took silk
in 1980.
From 1988 to 1996 he was a Judge of the High Court of Justice
, Queen's Bench Division and from 1991 to 1994 he was a Presiding Judge on the Northern Circuit
.
Sir Mark was appointed a Lord Justice of Appeal
in 1996 and became President of the Family Division in April 2005.
Throughout his judicial career, Sir Mark has sat on various committees overseeing the direction of the Bar. He has been Chairman of the Lord Chancellor's Advisory Committee on Legal Education and Conduct (1998–1999) and Chairman of the Legal Services Consultative Panel.
He was elected Treasurer of Gray's Inn
for the year 2004/05, during which time he persuaded the then Interior Minister
and subsequent Prime Minister of France
, Dominique de Villepin
, to become an honorary Bencher
of the Inn
. De Villepin accepted the honour in person with a speech in Gray's Inn.
Sir Mark Potter retired as a judge of the Court of Appeal, President of the High Court Family Division and President of the Court of Protection in April 2010. He returned to the field of Commercial Law as an arbitrator at Fountain Court chambers, with appointments in areas such as insurance, international share purchase agreements including Bermuda form and energy disputes.
, in their case to have their same-sex partnership recognised as marriage
under English law.
Sir Mark held that, in withholding from same-sex partnerships the title and status of marriage, Parliament had not interfered with or failed to recognise the right of same-sex couples to respect for their private or family life; nor had it discriminated against same-sex couples in declining to alter the deep-rooted and almost universal recognition of marriage as a union between a man and woman. Sir Mark granted the couple leave to appeal; but no appeal was brought.
In 2009, following a government consultation on increasing transparency in the family courts system, Sir Mark presided over the implementation of new rules allowing media access to family proceedings, hitherto private and confidential, subject to certain restrictions.
in London, and also of Great Ormond Street Hospital
for children. He is married and has two sons.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
(born 27 August 1937) is an English judge who was President of the Family Division
President of the Family Division
The President of the Family Division is the head of the Family Division of the High Court of Justice in England and Wales. The Family division was created in 1971, out of the former Admiralty Court and probate courts into the then Probate, Divorce and Admiralty Division.As of 13 April 2010,...
and Head of Family Justice for England and Wales from 7 April 2005 to 5 April 2010.
Education
The son of the distinguished legal academic Professor Harold Potter, he went to The Perse SchoolThe Perse School
The Perse Upper School is an independent secondary co-educational day school in Cambridge, England. The school was founded in 1615 by Dr Stephen Perse, a Fellow of Gonville and Caius College, Cambridge, and has existed on several different sites in the city before its present home on Hills...
in Cambridge and on to read law at Gonville and Caius College, Cambridge
Gonville and Caius College, Cambridge
Gonville and Caius College is a constituent college of the University of Cambridge in Cambridge, England. The college is often referred to simply as "Caius" , after its second founder, John Keys, who fashionably latinised the spelling of his name after studying in Italy.- Outline :Gonville and...
. He is now Honorary Fellow of Caius.
Legal career
He was called to the barBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in 1961 and practised in commercial law at Fountain Court chambers. 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...
in 1980.
From 1988 to 1996 he was a Judge of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, Queen's Bench Division and from 1991 to 1994 he was a Presiding Judge on the Northern Circuit
Northern Circuit
The Northern Circuit dates from 1176 when Henry II sent his judges on circuit to do justice in his name. The Circuit encompassed the whole of the North of England but in 1876 it was divided. That part to the west of the Pennines retained the old name. The land to the east became the territory of...
.
Sir Mark was appointed a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
in 1996 and became President of the Family Division in April 2005.
Throughout his judicial career, Sir Mark has sat on various committees overseeing the direction of the Bar. He has been Chairman of the Lord Chancellor's Advisory Committee on Legal Education and Conduct (1998–1999) and Chairman of the Legal Services Consultative Panel.
He was elected Treasurer of Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, 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...
for the year 2004/05, during which time he persuaded the then Interior Minister
Minister of the Interior (France)
The Minister of the Interior in France is one of the most important governmental cabinet positions, responsible for the following:* The general interior security of the country, with respect to criminal acts or natural catastrophes...
and subsequent Prime Minister of France
Prime Minister of France
The Prime Minister of France in the Fifth Republic is the head of government and of the Council of Ministers of France. The head of state is the President of the French Republic...
, Dominique de Villepin
Dominique de Villepin
Dominique Marie François René Galouzeau de Villepin is a French politician who served as the Prime Minister of France from 31 May 2005 to 17 May 2007....
, to become an honorary Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of the Inn
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
. De Villepin accepted the honour in person with a speech in Gray's Inn.
Sir Mark Potter retired as a judge of the Court of Appeal, President of the High Court Family Division and President of the Court of Protection in April 2010. He returned to the field of Commercial Law as an arbitrator at Fountain Court chambers, with appointments in areas such as insurance, international share purchase agreements including Bermuda form and energy disputes.
Cases and administration
In July 2006, Sir Mark ruled against Celia Kitzinger and Sue Wilkinson, a lesbian couple who had wed in CanadaSame-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
, in their case to have their same-sex partnership recognised as marriage
Same-sex marriage in the United Kingdom
Same-sex marriage is not currently legal in the United Kingdom. Marriage laws vary in the countries of the UK, however they all currently prohibit marriages between same-sex couples. Since 2005, same-sex couples are allowed to enter into civil partnerships, a separate union which provides the legal...
under English law.
Sir Mark held that, in withholding from same-sex partnerships the title and status of marriage, Parliament had not interfered with or failed to recognise the right of same-sex couples to respect for their private or family life; nor had it discriminated against same-sex couples in declining to alter the deep-rooted and almost universal recognition of marriage as a union between a man and woman. Sir Mark granted the couple leave to appeal; but no appeal was brought.
In 2009, following a government consultation on increasing transparency in the family courts system, Sir Mark presided over the implementation of new rules allowing media access to family proceedings, hitherto private and confidential, subject to certain restrictions.
Life
Sir Mark is a Trustee of Somerset HouseSomerset House
Somerset House is a large building situated on the south side of the Strand in central London, England, overlooking the River Thames, just east of Waterloo Bridge. The central block of the Neoclassical building, the outstanding project of the architect Sir William Chambers, dates from 1776–96. It...
in London, and also of Great Ormond Street Hospital
Great Ormond Street Hospital
Great Ormond Street Hospital for Children is a children's hospital located in London, United Kingdom...
for children. He is married and has two sons.