31 Jan 2018
Sir Henry Brooke
Retiring from the Court of Appeal bench in 2006 following a long and illustrious legal career, being called to the Bar in 1963 and awarded QC in 1981, Sir Henry turned to campaigning for access to justice and advocating and practising mediation.
Sir Henry was instrumental in the proliferation of mediation in the United Kingdom, famously delivering the landmark judgement in Dunnett v Railtrack which used the relatively new Civil Procedural Rules to penalise a successful party for unreasonably refusing to mediate as a sanction for unreasonable litigation conduct. His enthusiasm for mediation extended beyond the courtroom, being a highly successful and well-regarded mediator, particularly in personal injury claims and as chair of the Civil Mediation Council from 2007 – 2011.
Sir Henry was Emeritus President of the Slynn Foundation, an educational charity working with senior judges and justice institutions globally to improve access to justice, promote the rule of law and enhance professional understanding of human rights and mediation.
Dr Karl Mackie CBE, Founder President of CEDR:
“It was a privilege to have worked closely with Sir Henry Brooke over a long period and witnessed his good humour, intelligence and genuine belief in, and commitment to, the contribution mediation and ADR could make to the civil justice system. I was particularly sad to hear this so soon after we have also lost Sir Brian Neil who was another towering figure from the judiciary with an enthusiasm for the field alongside his many other powerful contributions to civil justice.”