ONE of the leading lights in the recent development of the common law, Sir Rabinder Singh holds the distinction of being the first person of colour to be appointed to the Court of Appeal.
He has made significant contributions in the field of human rights and the law of privacy, and in his new book, The Unity of Law, he reflects on the defining themes of his career as advocate and judge.
“At various times I have been an academic, a practicing barrister, and, for the last 10 years, a judge. This has given me a variety of perspectives on the law, which together have convinced me more and more of the need to bear in mind that the legal system is one coherent whole,” he writes in the introduction of the book.
Published in December 2021, the book is a compendium of his essays and lectures over the last 23 years, in which he explores themes as diverse as judicial review, equality, privacy, criminal law and international law, with his trademark originality of thought and impeccable scholarship.
He has published widely, including two other books, The Future of Human Rights in the UK in 1997 and (as co-author) Human Rights: Judicial Protection in the UK in 2008.
He was appointed a Lord Justice of Appeal in July 2017 and the president of the Investigatory Powers Tribunal – the independent tribunal that investigates complaints against the intelligence services – in September 2018.
While he is the first Sikh to be made a high court judge – also probably the youngest (he was just 39 when appointed as a deputy high court judge in 2003, a year after he was awarded silk) – he is understandably frustrated that diversity at the highest level of the legal profession is perceived as a novelty.
“Everyone can see what I am. I just do not understand this fixation of identifying people with reference to their religious or ethnic identity,” Singh has commented in 2011, when reacting to his elevation as high court judge.
Born in Delhi in 1964, Singh was brought up by working class immigrant parents in a tough part of Bristol.
Academically gifted, he thrived at grammar school where his dream of becoming a lawyer was thrived, and he counts the novel To Kill A Mockingbird, in which a black man in America’s deep south is falsely accused of raping a white woman, as one his inspirations.
Singh’s own vocation might just have been denied had he heeded the caution of those who advised him that becoming a barrister might be a step too far for someone of his background.
Undeterred, he gained a double first in law from Trinity College, Cambridge, and an LLM from the University of California, Berkeley, thanks to a Harkness Fellowship to study in the US. He then won a scholarship to the Inns of Court and succeeded to the Bar in 1989 where the quality of his advocacy in a succession of notable cases made him a star.
He represented a huge cross section of people and organisations, including those accused of terrorist offences, non-government bodies such as Liberty, as well as the government itself. He believes this independent status of advocates in the British legal system is vital.
“I regard it as a fundamental feature of our system and this society’s culture that goes beyond strictly legal considerations that when the government goes to court here or the ECJ or the ECHR in Strasbourg, it is represented by an independent member of the Bar.
“I don’t think people in this country appreciate how this is almost unique in the world,” he has commented.
Over the years, he appeared in many notable cases, including representing the CND in 2002, when he sought a declaration against Tony Blair and others that it would be unlawful for Britain to go to war with Iraq without a fresh resolution from the UN Security Council.
During the Belmarsh case in 2004, Singh successfully represented Liberty in the House of Lords against the indefinite detention without charge or trial of non-nationals suspected of terrorist activities.
Two years later, he represented the RSPCA in their successful response to the claim that the Hunting Act 2004 contravened the Human Rights Act and the European Convention on Human Rights. He also represented Peter Herbert, the chair of the Society of Black Lawyers, in the disciplinary proceedings brought against him by the Bar Council.
Though there has been an increase in the number of high court judges from the black, Asian and minority ethnic backgrounds in recent years, Singh himself says that there are no “quick fixes” when it comes to securing full representation.
“I believe there are some very talented people out there in the professions from many different backgrounds who will be appointed if they are given the opportunity to show their skills and abilities. There needs to be more of what is currently going on – outreach events and encouragement. I hope this will enable a critical mass to develop over time,” he has said.
He considers the most important quality a judge can have is “curiosity about the world and all the different people who live in it…it is about understanding what the context is to the problem before you...
“I firmly believe that the most important person in the courtroom is a losing party because they must leave the courtroom feeling that although they have lost, they have had a fair hearing.”
Throughout his life he has also been an avid reader of plays and literature, with a particular fondness for Greek and Latin classical works and authors who “can put themselves into the character of someone completely different.”
This is something that he brings to bear in the courtroom since literature enables judges “to understand the world from different people’s perspectives.”