Tom Brody – The trend for ‘retired’ judges returning to the bar continues with Raynor Asher QC joining Richmond Chambers.
He retired from the Court of Appeal, after serving on the High Court for 10 years until 2016.
The trend towards former judges returning to work as mediators and/or arbtirators is something that is increasingly common in Western jurisdictions, with many Judges still seeking active legal service in their 70s.
Raynor Asher follows several colleagues who resume practice after their judicial duties have been completed, the most recent being Rhys Harrison QC, whose website even includes the honorific, “HonourableRhysHarrisonQC”, lest we forget who he is.
Other recent additions to the ranks of the working former jurists are the Hon. ‘Kit’ Toogood, who retired from the Bench in August,
Generally ‘returning judges’ will act on mediation and arbitration matters, although Raynor Asher’s bio says that he will also provide “be giving litigation and other advice.”
Numerous other jurists at the bar include Rodney Harrison, Sir Ian Barker QC, (now retired) Sir David Williams QC who has established himself in a world-leading arbitration career after an early termination of his judicial post and Robert Fisher QC who have together helped set the benchmark for post-judicial careers.
LawFuel looked at what each say about their area(s) of practice, often reported in the third person:
Rodney Hansen QC, Shortland Chambers – Only a brief outline of the role of mediators and arbitrators.
Members act as arbitrators and mediators in a broad range of disputes involving national and international parties. Arbitrators determine disputes in a quasi-judicial manner. Mediators assist parties to come to an agreed resolution.
Sir David Williams QC is a barrister and arbitrator with over 30 years’ experience as counsel in commercial litigation before New Zealand and overseas Courts and Arbitral Tribunals including numerous New Zealand cases heard in the Privy Council, London, England. Based on this extensive and broad-based commercial litigation background, and after serving as a Justice on the High Court of New Zealand, he has developed a strong emphasis on international commercial arbitration and investment treaty arbitration, mainly as an arbitrator but occasionally as counsel.
Robert Fisher QC – Bankside Chambers – A third-person outline of his credentials.
Robert Fisher has been in full-time practice as a mediator and arbitrator since 2004. He maintains a dispute resolution office and staff in downtown Auckland, NZ, but travels widely for this purpose . . He is available to act as an arbitrator in cases where the parties are legally represented.
He has returned to professional practice and is available for arbitration, mediation and general advisory work . . He also conducted over 30 judicial settlement conferences, an alternative dispute resolution process available within the High Court
Kit Toogood QC
Working as a mediator, arbitrator, litigation advisor and consultant, former High Court Judge and Bankside Chambers’ barrister the Kit Toogood has most recently been briefed to investigate the death of a Canterbury University student Mason Pendrous.
Former District Court Judge and Associate High Court Judge Jeremy Doogue is at FortyEight Shortland, in the ‘hgeart’ of the legal district.
Jeremy specialises in all aspects of commercial litigation and, in particular, contract, tort, trust and liquidation-type cases. His primary role is that of an arbitrator although he is also available for mediations. He is a fellow of AMINZ. He is also available for consultation on litigation strategy, early neutral valuations and to provide opinions.
Nicholas Davidson QC
Retiring from the High Court in December 2018, Hon ‘Nick’ Davidson QC works from Chambers in his former home town Christchurch and in Auckland as arbitrator, mediator and ‘stragegic advisor’
John Matthews – Canterbury Chambers
Having spent eight years as an Associate High Court Judge John Matthews now works as a mediator, arbitrator and negotiator.
Disputes on which I invite you to instruct me include existing litigation in the Senior Courts, Family Court, Environment Court and District Court, but also disputes between persons, companies and other entities before litigation is commenced. This is not an exhaustive list; engagement of an experienced mediator, independent of both sides, in any area where a dispute has arisen is frequently valuable in achieving an early and cost effective outcome. As my experience shows, I am well equipped for appointment to such a role.
Doubtless there will be other joining the exclusive club of retired jurists as time progresses and more active judges seek more than golf and gardening.