Contents
This edition Š Scala Arts & Heritage Publishers Ltd, 2019 Text and photography Š First 100 Years, 2019 First 100 Years is owned by the charity Spark21 First published in 2019 by Scala Arts & Heritage Publishers Ltd 10 Lion Yard Tremadoc Road London SW4 7NQ, UK www.scalapublishers.com In association with First 100 Years www.first100years.org.uk
Foreword, Brenda Hale, Baroness Hale of Richmond DBE PC 7 Preface 11 About First 100 Years 13
ISBN 978-1-78551-256-8 Project managed by Clare Grist Taylor Designed by James Alexander Printed in Turkey 10 9 8 7 6 5 4 3 2 1 All rights reserved. No part of this book may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise, without the written permission of Scala Arts & Heritage Publishers Ltd. Every effort has been made to acknowledge correct copyright of images where applicable. Any errors or omissions are unintentional and should be notified to the Publisher, who will arrange for corrections to appear in any reprints.
1 2 3 4 5 6 7 8 9 10 11
Sex no bar 14 A far from rosy outlook 26 Gaining a foothold 42 Taking silk 54 Where she leads 64 My Lord becomes My Lady 74 Equality in name 84 Rising to the top 96 The illusion of inclusion 108 The leaky pipeline 120 Taking stock: the progress so far 132 Epilogue 144 Glossary of key legal terms 148 The structure of the courts in England and Wales 150 Resources 152 Further reading 154 Index of names 155 Acknowledgements 158 Picture credits 159
Contents
This edition Š Scala Arts & Heritage Publishers Ltd, 2019 Text and photography Š First 100 Years, 2019 First 100 Years is owned by the charity Spark21 First published in 2019 by Scala Arts & Heritage Publishers Ltd 10 Lion Yard Tremadoc Road London SW4 7NQ, UK www.scalapublishers.com In association with First 100 Years www.first100years.org.uk
Foreword, Brenda Hale, Baroness Hale of Richmond DBE PC 7 Preface 11 About First 100 Years 13
ISBN 978-1-78551-256-8 Project managed by Clare Grist Taylor Designed by James Alexander Printed in Turkey 10 9 8 7 6 5 4 3 2 1 All rights reserved. No part of this book may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise, without the written permission of Scala Arts & Heritage Publishers Ltd. Every effort has been made to acknowledge correct copyright of images where applicable. Any errors or omissions are unintentional and should be notified to the Publisher, who will arrange for corrections to appear in any reprints.
1 2 3 4 5 6 7 8 9 10 11
Sex no bar 14 A far from rosy outlook 26 Gaining a foothold 42 Taking silk 54 Where she leads 64 My Lord becomes My Lady 74 Equality in name 84 Rising to the top 96 The illusion of inclusion 108 The leaky pipeline 120 Taking stock: the progress so far 132 Epilogue 144 Glossary of key legal terms 148 The structure of the courts in England and Wales 150 Resources 152 Further reading 154 Index of names 155 Acknowledgements 158 Picture credits 159
Foreword
C
ongratulations to the First 100 Years Project for producing this wonderful record of the 100 years since the Sex Disqualification (Removal) Act 1919 meant that women could begin to qualify as lawyers, to serve as magistrates and on juries, and eventually aspire to become professional judges. The book charts the progress and tells the stories of some amazing women. There are those who, even before the 1919 Act, fought unsuccessfully for the right to become lawyers. They all failed because the judges decided that women were not then ‘persons’ in the eyes of the law. There are those who did succeed in qualifying soon after the Act was passed and went on to forge legal careers in the face of much discrimination and many difficulties. However, the book also makes clear that we should not let our celebration of the first 100 years blind us to the messages they send to the next 100 years. The first is that, for the first 50 years, women’s progress in the legal profession was remarkably slow. In 1960, three years before I went up to University to study Law, only 528 women were practising as solicitors or barristers. By 1970, the year after I was called to the Bar, that number had nearly doubled, but there were still only 950 women practising solicitors and barristers compared to nearly 27,000 men. Progress was even slower in the judiciary. While many women became unpaid lay magistrates, it took a long time to appoint them as professional salaried judges. It was not until 2004 that I became the first woman appointed to the top court in the United Kingdom, then a committee of the House of Lords. The second message is that, although many of those early pioneers campaigned for changes in the laws affecting women, it took a long time for real improvements to be made. We tend to forget how badly the law treated women in 1919. Women teachers and civil servants had to give up work when they got married and, as the book explores, women workers of all sorts did not
6
7
Foreword
C
ongratulations to the First 100 Years Project for producing this wonderful record of the 100 years since the Sex Disqualification (Removal) Act 1919 meant that women could begin to qualify as lawyers, to serve as magistrates and on juries, and eventually aspire to become professional judges. The book charts the progress and tells the stories of some amazing women. There are those who, even before the 1919 Act, fought unsuccessfully for the right to become lawyers. They all failed because the judges decided that women were not then ‘persons’ in the eyes of the law. There are those who did succeed in qualifying soon after the Act was passed and went on to forge legal careers in the face of much discrimination and many difficulties. However, the book also makes clear that we should not let our celebration of the first 100 years blind us to the messages they send to the next 100 years. The first is that, for the first 50 years, women’s progress in the legal profession was remarkably slow. In 1960, three years before I went up to University to study Law, only 528 women were practising as solicitors or barristers. By 1970, the year after I was called to the Bar, that number had nearly doubled, but there were still only 950 women practising solicitors and barristers compared to nearly 27,000 men. Progress was even slower in the judiciary. While many women became unpaid lay magistrates, it took a long time to appoint them as professional salaried judges. It was not until 2004 that I became the first woman appointed to the top court in the United Kingdom, then a committee of the House of Lords. The second message is that, although many of those early pioneers campaigned for changes in the laws affecting women, it took a long time for real improvements to be made. We tend to forget how badly the law treated women in 1919. Women teachers and civil servants had to give up work when they got married and, as the book explores, women workers of all sorts did not
6
7
have equal pay with men even when doing the same work. Employers and providers of education, accommodation, goods and services were allowed to treat women less favourably than men just because they were women. Bullying and harassment were commonplace. Married women had no rights over their children until their husbands died or a court ruled otherwise. It was more difficult for wives to escape from a marriage than it was for their husbands. They could only claim maintenance if they were 100% blameless and stayed so. Although they could keep their own property and earnings, they had no claims over their husband’s property. They had very little protection against domestic violence and abuse.
8
When I first started studying law in the 1960s, very little had changed. But in the 50 years since I was called to the Bar in 1969, we have seen important progress. The Equal Pay Act 1970 and Sex Discrimination Act 1975 meant that women could no longer be paid less, or treated less favourably at work or elsewhere, just because they were women. Sexual harassment at work was banned. The legal position of homemaking wives – and indeed husbands – was vastly improved. It became much easier for them to retain a home for themselves and their children after a marriage ended. Married mothers gained equal rights and authority over their children. Better remedies were developed for domestic violence and abuse. We have come a long way, but it would be a mistake to think that we have come all the way. There is still work to be done to secure equal pay, an end to harassment and discrimination and effective protection from domestic abuse. But at least we know these things are wrong and at least women who go to law can see that the courts now look more like them than they did in the past. The third message is that it is not only the women whom we have to thank for the progress we have made. Not all women are feminists – and many men are. To make progress in the law it takes both men and women. It takes women to be doing the same work as – and to do it as well as – men. It takes men to realise how they would feel if the law treated them as badly as it has sometimes treated women. If we can learn from the messages of the past 100 years we can hope to make further progress in the next 100 years. But let us enjoy this wonderfully illustrated record. Congratulations go to Dana Denis-Smith, Lucinda Acland, Katie Broomfield, and everyone involved with the First 100 Years project, for everything that they have achieved. Brenda Hale, President, Supreme Court of the United Kingdom
9
have equal pay with men even when doing the same work. Employers and providers of education, accommodation, goods and services were allowed to treat women less favourably than men just because they were women. Bullying and harassment were commonplace. Married women had no rights over their children until their husbands died or a court ruled otherwise. It was more difficult for wives to escape from a marriage than it was for their husbands. They could only claim maintenance if they were 100% blameless and stayed so. Although they could keep their own property and earnings, they had no claims over their husband’s property. They had very little protection against domestic violence and abuse.
8
When I first started studying law in the 1960s, very little had changed. But in the 50 years since I was called to the Bar in 1969, we have seen important progress. The Equal Pay Act 1970 and Sex Discrimination Act 1975 meant that women could no longer be paid less, or treated less favourably at work or elsewhere, just because they were women. Sexual harassment at work was banned. The legal position of homemaking wives – and indeed husbands – was vastly improved. It became much easier for them to retain a home for themselves and their children after a marriage ended. Married mothers gained equal rights and authority over their children. Better remedies were developed for domestic violence and abuse. We have come a long way, but it would be a mistake to think that we have come all the way. There is still work to be done to secure equal pay, an end to harassment and discrimination and effective protection from domestic abuse. But at least we know these things are wrong and at least women who go to law can see that the courts now look more like them than they did in the past. The third message is that it is not only the women whom we have to thank for the progress we have made. Not all women are feminists – and many men are. To make progress in the law it takes both men and women. It takes women to be doing the same work as – and to do it as well as – men. It takes men to realise how they would feel if the law treated them as badly as it has sometimes treated women. If we can learn from the messages of the past 100 years we can hope to make further progress in the next 100 years. But let us enjoy this wonderfully illustrated record. Congratulations go to Dana Denis-Smith, Lucinda Acland, Katie Broomfield, and everyone involved with the First 100 Years project, for everything that they have achieved. Brenda Hale, President, Supreme Court of the United Kingdom
9
Preface
O
Facing page: The Sex Disqualification (Removal) Act 1919 enabled women in Britain and Ireland to become barristers and solicitors for the first time.
n Christmas Eve 1919, Helena Normanton achieved her lifelong ambition and made history as the first woman in England and Wales to join an Inn of Court, the first step towards qualifying as a barrister. Her application was made possible by the passing of the Sex Disqualification (Removal) Act on 23 December 1919, which removed all barriers to women, including married women, from working as lawyers on the grounds of their sex. Although some women in the United Kingdom won the right to vote in 1918, it was not until the 1919 Act that they could become lawyers or accountants, hold senior posts in the civil service, or more generally aspire to join the ranks of the professions. Before 1919, the combination of legislation interpreted by the courts and professional bodies to the effect that women were not ‘persons’ and the assertion, repeated again and again, that women could not practise as lawyers because no woman had ever practised as a lawyer before, became insurmountable obstacles to women wishing to practise law. The Sex Disqualification (Removal) Act was the culmination of more than 40 years of campaigning by women to enter the legal profession. It was, however, only the start of women’s claims to professional equality, a struggle that continues today. First: 100 Years of Women in Law is inspired by the centenary of the 1919 Act and the work of the First 100 Years project. It tells the story of the opening of the legal profession to women and of women in law – as solicitors, barristers and judges – through the decades from 1919 to the present day. The Act applied to England, Ireland, Scotland and Wales, and the book is illustrated throughout with examples of women from across the United Kingdom and the Republic of Ireland, which was legally part of the UK until 1922. Our main focus, however, is on women in law in England and Wales. Some of the women we feature gained international fame; others were little known outside their profession; many of
11
Preface
O
Facing page: The Sex Disqualification (Removal) Act 1919 enabled women in Britain and Ireland to become barristers and solicitors for the first time.
n Christmas Eve 1919, Helena Normanton achieved her lifelong ambition and made history as the first woman in England and Wales to join an Inn of Court, the first step towards qualifying as a barrister. Her application was made possible by the passing of the Sex Disqualification (Removal) Act on 23 December 1919, which removed all barriers to women, including married women, from working as lawyers on the grounds of their sex. Although some women in the United Kingdom won the right to vote in 1918, it was not until the 1919 Act that they could become lawyers or accountants, hold senior posts in the civil service, or more generally aspire to join the ranks of the professions. Before 1919, the combination of legislation interpreted by the courts and professional bodies to the effect that women were not ‘persons’ and the assertion, repeated again and again, that women could not practise as lawyers because no woman had ever practised as a lawyer before, became insurmountable obstacles to women wishing to practise law. The Sex Disqualification (Removal) Act was the culmination of more than 40 years of campaigning by women to enter the legal profession. It was, however, only the start of women’s claims to professional equality, a struggle that continues today. First: 100 Years of Women in Law is inspired by the centenary of the 1919 Act and the work of the First 100 Years project. It tells the story of the opening of the legal profession to women and of women in law – as solicitors, barristers and judges – through the decades from 1919 to the present day. The Act applied to England, Ireland, Scotland and Wales, and the book is illustrated throughout with examples of women from across the United Kingdom and the Republic of Ireland, which was legally part of the UK until 1922. Our main focus, however, is on women in law in England and Wales. Some of the women we feature gained international fame; others were little known outside their profession; many of
11
About First 100 Years
their stories have either been forgotten or simply gone untold. From the women who found ways to work on the boundaries of the legal profession before the Act was passed right through to the appointment of Dame Victoria Sharp as the first woman President of the Queen’s Bench Division of the High Court in 2019, this is the story we capture in the book – a story that continues today. If you are a woman in law or if you know anything about the women featured in this book please do get in touch at www.first100years.org.uk or on Twitter at @First100Years or using the hashtag #First100Years. We hope that First: 100 Years of Women in Law will inspire and educate the next generation of women in law and that we have done credit to the very many pioneers featured: ordinary women but extraordinary role models who together changed the face of the law forever. Lucinda Acland Katie Broomfield June 2019
T
he First 100 Years project began in March 2014 with an image from 1982: one of a woman lawyer surrounded by a group of 50 or so male partners, marking the 150th anniversary of one of the City of London’s best-known law firms (see p.102). As a lawyer myself, I wanted to understand how it felt to be the only woman, and to learn more about her journey into the legal profession. This photograph motivated me to research the history of women in law, of which I had been taught very little in my legal career. We started to build an archive to tell the stories of pioneering women lawyers and to preserve their legacy. I am proud that our multimedia archive now comprises over 70 original biographical films, hundreds of stories, a touring exhibition, a podcast series, events and, of course, this wonderful book. There is no other archive like this to help us place ourselves in history. Everyone we’ve interviewed for the project has left me truly in awe of how much has been achieved. Since founding the First 100 Years, I have had the privilege of discovering the long heritage of women in law, such as those profiled in this book. The first women in law found themselves the only woman in a room full of men. They had to take lunches and teas in separate rooms, segregated from their colleagues. Yet, despite this, they continued to strive to advance their careers. They succeeded because they found a way of conducting perhaps the biggest, and yet quietest, revolution of the past century: taking jobs that had previously been seen as the exclusive preserve of men. There’s something empowering about understanding one’s history and celebrating it. Although the family tree of women in law traces just 100 years, it is for us all to bring our own piece of the puzzle to make the picture complete – if not for our own sake, then for the next generation of women lawyers who need to build on the confidence of the past to secure an equal future. Diversity isn’t just about gender or race, but also about the different recipes through which we can achieve success. I believe the stories in this book provide an inspiring message to future generations, women and men alike. Dana Denis-Smith
12
13
About First 100 Years
their stories have either been forgotten or simply gone untold. From the women who found ways to work on the boundaries of the legal profession before the Act was passed right through to the appointment of Dame Victoria Sharp as the first woman President of the Queen’s Bench Division of the High Court in 2019, this is the story we capture in the book – a story that continues today. If you are a woman in law or if you know anything about the women featured in this book please do get in touch at www.first100years.org.uk or on Twitter at @First100Years or using the hashtag #First100Years. We hope that First: 100 Years of Women in Law will inspire and educate the next generation of women in law and that we have done credit to the very many pioneers featured: ordinary women but extraordinary role models who together changed the face of the law forever. Lucinda Acland Katie Broomfield June 2019
T
he First 100 Years project began in March 2014 with an image from 1982: one of a woman lawyer surrounded by a group of 50 or so male partners, marking the 150th anniversary of one of the City of London’s best-known law firms (see p.102). As a lawyer myself, I wanted to understand how it felt to be the only woman, and to learn more about her journey into the legal profession. This photograph motivated me to research the history of women in law, of which I had been taught very little in my legal career. We started to build an archive to tell the stories of pioneering women lawyers and to preserve their legacy. I am proud that our multimedia archive now comprises over 70 original biographical films, hundreds of stories, a touring exhibition, a podcast series, events and, of course, this wonderful book. There is no other archive like this to help us place ourselves in history. Everyone we’ve interviewed for the project has left me truly in awe of how much has been achieved. Since founding the First 100 Years, I have had the privilege of discovering the long heritage of women in law, such as those profiled in this book. The first women in law found themselves the only woman in a room full of men. They had to take lunches and teas in separate rooms, segregated from their colleagues. Yet, despite this, they continued to strive to advance their careers. They succeeded because they found a way of conducting perhaps the biggest, and yet quietest, revolution of the past century: taking jobs that had previously been seen as the exclusive preserve of men. There’s something empowering about understanding one’s history and celebrating it. Although the family tree of women in law traces just 100 years, it is for us all to bring our own piece of the puzzle to make the picture complete – if not for our own sake, then for the next generation of women lawyers who need to build on the confidence of the past to secure an equal future. Diversity isn’t just about gender or race, but also about the different recipes through which we can achieve success. I believe the stories in this book provide an inspiring message to future generations, women and men alike. Dana Denis-Smith
12
13
1843
Solicitors Act governs who may be admitted to the solicitors’ profession in England and Wales Council of Legal Education established by the Inns of Court
1852 1857
1 SEX NO BAR A person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorporated by Royal Charter or otherwise), and a person shall not be exempted by sex or marriage from the liability to serve as a juror. Sex Disqualification (Removal) Act 1919
1859
Matrimonial Causes Act Maria Rye opens a law-copying office
1866 1870 1871
Society for Promoting the Employment of Women founded The first mass women’s suffrage petition presented to Parliament Married Women’s Property Act (not Scotland) National Union for the Improvement of the Education of Women of All Classes founded
1872
1873
Compulsory Bar examination introduced by the Council of Legal Education Maria Grey petitions the Council of Legal Education
1878 1888 1889
1892
Women admitted to degrees at the University of London Eliza Orme the first woman awarded an LLB Letitia Walkington the first woman conferred with Doctor of Laws Cornelia Sorabji the first woman to sit the Bachelor of Civil Law (BCL) exams at the University of Oxford
1897
1903 1904 1908 1913 1914
Universities (Scotland) Act admits women to degrees at all universities in Scotland
Bertha Cave applies to Gray’s Inn Christabel Pankhurst applies to Lincoln’s Inn Chrystal Macmillan presents a case in the House of Lords Bebb v Law Society
National Union of Women’s Suffrage Societies (NUWSS) founded Women’s Social and Political Union (WSPU) founded
Outbreak of the First World War
1916
14
The Law Society School of Law established
1918
Helena Normanton applies to Middle Temple Gwyneth Bebb applies to Lincoln’s Inn
1919
Sex Disqualification (Removal) Act Helena Normanton the first woman admitted to an Inn of Court in England and Wales Ada Summers sworn in as the first woman magistrate
Representation of the People Act Parliament (Qualification of Women) Act Constance Markievicz elected the first woman MP Nancy Astor the first woman MP to take her seat in the House of Commons
Conscription (for men) introduced The Irish Republic declared during the Easter Rising protest Spanish influenza pandemic begins Armistice Day
Key women in law women’s rights context 15
1843
Solicitors Act governs who may be admitted to the solicitors’ profession in England and Wales Council of Legal Education established by the Inns of Court
1852 1857
1 SEX NO BAR A person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorporated by Royal Charter or otherwise), and a person shall not be exempted by sex or marriage from the liability to serve as a juror. Sex Disqualification (Removal) Act 1919
1859
Matrimonial Causes Act Maria Rye opens a law-copying office
1866 1870 1871
Society for Promoting the Employment of Women founded The first mass women’s suffrage petition presented to Parliament Married Women’s Property Act (not Scotland) National Union for the Improvement of the Education of Women of All Classes founded
1872
1873
Compulsory Bar examination introduced by the Council of Legal Education Maria Grey petitions the Council of Legal Education
1878 1888 1889
1892
Women admitted to degrees at the University of London Eliza Orme the first woman awarded an LLB Letitia Walkington the first woman conferred with Doctor of Laws Cornelia Sorabji the first woman to sit the Bachelor of Civil Law (BCL) exams at the University of Oxford
1897
1903 1904 1908 1913 1914
Universities (Scotland) Act admits women to degrees at all universities in Scotland
Bertha Cave applies to Gray’s Inn Christabel Pankhurst applies to Lincoln’s Inn Chrystal Macmillan presents a case in the House of Lords Bebb v Law Society
National Union of Women’s Suffrage Societies (NUWSS) founded Women’s Social and Political Union (WSPU) founded
Outbreak of the First World War
1916
14
The Law Society School of Law established
1918
Helena Normanton applies to Middle Temple Gwyneth Bebb applies to Lincoln’s Inn
1919
Sex Disqualification (Removal) Act Helena Normanton the first woman admitted to an Inn of Court in England and Wales Ada Summers sworn in as the first woman magistrate
Representation of the People Act Parliament (Qualification of Women) Act Constance Markievicz elected the first woman MP Nancy Astor the first woman MP to take her seat in the House of Commons
Conscription (for men) introduced The Irish Republic declared during the Easter Rising protest Spanish influenza pandemic begins Armistice Day
Key women in law women’s rights context 15
W
hen the Sex Disqualification (Removal) Act received Royal Assent on 23 December 1919, it removed all legal barriers to women working as lawyers. It was significant because, before the Act was passed, every single application made by a woman to be admitted to the profession was rejected. Women made many attempts before 1919 to be admitted to the legal profession. The first application by a woman to be admitted to The Law Society was made in the 1870s and in 1873 a petition signed by ‘92 ladies’ was submitted seeking permission to attend lectures of the Council of Legal Education at Lincoln’s Inn. Despite the fact that women were already reading law at university, the petition was rejected by the Inns of Court on the grounds that it was ‘not expedient that women should be admitted to the Lectures of the Professors appointed by the Council of Legal Education’. In Scotland, Margaret Hall was refused permission to take the examinations of the Incorporated Society of Law Agents in 1901.
Dr Letitia Walkington (1857–1918), the first woman to graduate with a law degree in Ireland and in 1889 the first woman Doctor of Laws in Britain and Ireland. Far left: Maria Georgina Grey (1816–1906) founded the National Union for the Improvement of the Education of Women of All Classes in 1871 and in 1873 organised a petition, signed by 92 ladies, for permission to attend law lectures held at Lincoln’s Inn. Left: Eliza Orme (1848– 1937), the first woman to gain a law degree in England and Wales, in 1888.
16
By the time the Sex Disqualification (Removal) Act was passed in 1919, women were admitted as students at all British universities, although Oxford and Cambridge did not award degrees to women until 1920 and 1948 respectively. The first woman to graduate with a law degree in England and Wales, in 1888, was Eliza Orme, a student at University College London. In Ireland, the first woman law graduate was Letitia Walkington, who in 1889 became the first woman Doctor of Laws. At this time, it was not necessary to have a degree to practise law and the possession of a law degree did not entitle the holder to practise as either a barrister or solicitor. Eliza Orme was one of a number of women who, before the Act, found ways to practise law without being formally admitted to the profession. She never applied to be admitted to The Law Society or the Inns of Court but, as she recalled in an interview in the Law Journal in 1903, in 1873 she began working in the chambers of a barrister in Lincoln’s Inn. Some time after that, she set up her own office and for the next 25 years worked ‘for about a dozen conveyancing counsel who kept me busily employed on drafts they wanted done in a hurry’. Orme was also a member of the Society for Promoting the Employment of Women, which was founded by Maria Rye, among others, in 1859. Around the same time, Rye established a law-copying office in Lincoln’s Inn Fields, offering training and employment to women in copying legal documents. There were also many women who, rather than instructing male barristers and solicitors, chose to represent themselves in court. Notable among them were Christabel Pankhurst, who, having been refused admission to Lincoln’s Inn in 1904, was in 1906 the first woman to graduate in law from Victoria (now Manchester) University, and Chrystal Macmillan, who in 1908 was the first woman to present a case in the House of Lords. She was called to the Bar by Middle Temple in 1924.
17
W
hen the Sex Disqualification (Removal) Act received Royal Assent on 23 December 1919, it removed all legal barriers to women working as lawyers. It was significant because, before the Act was passed, every single application made by a woman to be admitted to the profession was rejected. Women made many attempts before 1919 to be admitted to the legal profession. The first application by a woman to be admitted to The Law Society was made in the 1870s and in 1873 a petition signed by ‘92 ladies’ was submitted seeking permission to attend lectures of the Council of Legal Education at Lincoln’s Inn. Despite the fact that women were already reading law at university, the petition was rejected by the Inns of Court on the grounds that it was ‘not expedient that women should be admitted to the Lectures of the Professors appointed by the Council of Legal Education’. In Scotland, Margaret Hall was refused permission to take the examinations of the Incorporated Society of Law Agents in 1901.
Dr Letitia Walkington (1857–1918), the first woman to graduate with a law degree in Ireland and in 1889 the first woman Doctor of Laws in Britain and Ireland. Far left: Maria Georgina Grey (1816–1906) founded the National Union for the Improvement of the Education of Women of All Classes in 1871 and in 1873 organised a petition, signed by 92 ladies, for permission to attend law lectures held at Lincoln’s Inn. Left: Eliza Orme (1848– 1937), the first woman to gain a law degree in England and Wales, in 1888.
16
By the time the Sex Disqualification (Removal) Act was passed in 1919, women were admitted as students at all British universities, although Oxford and Cambridge did not award degrees to women until 1920 and 1948 respectively. The first woman to graduate with a law degree in England and Wales, in 1888, was Eliza Orme, a student at University College London. In Ireland, the first woman law graduate was Letitia Walkington, who in 1889 became the first woman Doctor of Laws. At this time, it was not necessary to have a degree to practise law and the possession of a law degree did not entitle the holder to practise as either a barrister or solicitor. Eliza Orme was one of a number of women who, before the Act, found ways to practise law without being formally admitted to the profession. She never applied to be admitted to The Law Society or the Inns of Court but, as she recalled in an interview in the Law Journal in 1903, in 1873 she began working in the chambers of a barrister in Lincoln’s Inn. Some time after that, she set up her own office and for the next 25 years worked ‘for about a dozen conveyancing counsel who kept me busily employed on drafts they wanted done in a hurry’. Orme was also a member of the Society for Promoting the Employment of Women, which was founded by Maria Rye, among others, in 1859. Around the same time, Rye established a law-copying office in Lincoln’s Inn Fields, offering training and employment to women in copying legal documents. There were also many women who, rather than instructing male barristers and solicitors, chose to represent themselves in court. Notable among them were Christabel Pankhurst, who, having been refused admission to Lincoln’s Inn in 1904, was in 1906 the first woman to graduate in law from Victoria (now Manchester) University, and Chrystal Macmillan, who in 1908 was the first woman to present a case in the House of Lords. She was called to the Bar by Middle Temple in 1924.
17
5 WHERE SHE LEADS
1950
Rose Heilbron the first woman QC to lead the defence in an English murder trial
1951
Heilbron was a beacon to all the women who joined the northern circuit in her wake.
1952
Brenda Hale, 2015
1953 1954
Festival of Britain UK the first of 47 signatories to ratify the European Convention on Human Rights (ECHR) Princess Elizabeth becomes Her Majesty Queen Elizabeth II The ECHR comes into force Patricia Hart the first blind woman to pass The Law Society final examination and to be admitted as a solicitor
1955
1956 1958
1955
1959
Evelyn Sharp the first woman appointed Permanent Secretary within the Civil Service Rose Heilbron the first woman appointed as a full-time Recorder
Suez Crisis Life Peerages Act enables women to sit as peers in the House of Lords for the first time The European Court of Human Rights established
Of 2,008 practising barristers, 64 are women (3.2%) Source: Helena Kennedy,‘Women at the Bar’, in Robert Hazell (ed.), The Bar on Trial, (London, 1978), p.149
1957 Of 18,344 solicitors holding practising certificates, 356 are women (1.9%) Source: The Law Society
Key women in law women’s rights general interest 64
65
5 WHERE SHE LEADS
1950
Rose Heilbron the first woman QC to lead the defence in an English murder trial
1951
Heilbron was a beacon to all the women who joined the northern circuit in her wake.
1952
Brenda Hale, 2015
1953 1954
Festival of Britain UK the first of 47 signatories to ratify the European Convention on Human Rights (ECHR) Princess Elizabeth becomes Her Majesty Queen Elizabeth II The ECHR comes into force Patricia Hart the first blind woman to pass The Law Society final examination and to be admitted as a solicitor
1955
1956 1958
1955
1959
Evelyn Sharp the first woman appointed Permanent Secretary within the Civil Service Rose Heilbron the first woman appointed as a full-time Recorder
Suez Crisis Life Peerages Act enables women to sit as peers in the House of Lords for the first time The European Court of Human Rights established
Of 2,008 practising barristers, 64 are women (3.2%) Source: Helena Kennedy,‘Women at the Bar’, in Robert Hazell (ed.), The Bar on Trial, (London, 1978), p.149
1957 Of 18,344 solicitors holding practising certificates, 356 are women (1.9%) Source: The Law Society
Key women in law women’s rights general interest 64
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Heilbron was one of the first women to read law at the University of Liverpool, graduating with first-class honours in 1935, and was described by her tutors at Liverpool as a ‘student of quite exceptional promise’. The same year, she was admitted as a student member of Gray’s Inn and, in 1935, was the first woman to be awarded a scholarship by any of the four Inns of Court. Heilbron was called to the Bar in 1939 and the following year was elected to the northern circuit. In 1940 she was one of only 11 other women practising on the northern circuit out of a total of 300 members (4%). By 1950 the number had increased to 16 out of 319 (5%), and by 1960 there were 27 women and 348 men practising on the northern circuit (8%). The women often faced opposition, with male members of the circuit putting up obstacles to full integration. Rose Heilbron’s daughter, Hilary, explains how there were ‘lots of silly little rules’ that her mother had to put up with, ‘for example she wasn’t allowed to go to something called Bar Mess, which was an evening dinner on circuit’. Her exclusion was significant because this was an opportunity to establish professional relationships with other members of the Bar and to learn from each other’s experiences. Proving her tutors right, however, her practice flourished and when she took silk in 1949, three months after Hilary’s birth, she was not only one of the first women silks but also the youngest KC in more than 160 years. With the help of a live-in nanny and support from her husband, Heilbron proved that it was possible to combine a career with motherhood.
Shortly after taking silk in 1949, Heilbron became the first woman QC to lead the defence in a murder trial when she represented the accused, George Kelly, in the infamous ‘Cameo Murder’ trial. Illustrating the prejudice women lawyers faced, Kelly initially objected to Heilbron’s instruction declaring, ‘I want no Judy defending me’. Kelly was convicted – a conviction that was found by the Court of Appeal in 2003 to be unsafe based on deliberate concealment of evidence by the police at the time – but, recognising the skill and tenacity with which Heilbron conducted his defence, during the course of his trial his ‘scepticism turned to admiration’. His last words to her were, ‘Don’t you worry about me luv, you just look after yourself.’ Until 1965, a conviction for murder carried the death penalty and on 28 March 1950 Kelly was hanged at Walton Gaol, Liverpool. Such was the interest in Heilbron that she became a household name. When she was the first woman appointed to sit regularly as a Recorder in 1956, she was named Woman of the Year by the Daily Mirror. The following year a headline in the Evening Telegraph read: ‘Wives Queue to See Miss Heilbron Installed’. She was a Soroptimist and spoke regularly in public on matters such as equal pay and equal opportunities for women. It is said that the character Harriet Petersen, played by Margaret Lockwood in the 1970s’ television series Blind Justice, was inspired by Heilbron (see Chapter 8). In 1972 Heilbron became the first woman appointed to sit as a judge in the Old Bailey, and in 1974 she was elevated to the High Court. In 1975 she was appointed chair of the Advisory Group on the Law of Rape. In her report, she advised that the offence should be founded on the absence of consent, not violence; that the anonymity of complainants, but not the accused, should be protected; and that evidence relating to a complainant’s previous sexual history was irrelevant. Proving the need for women
People were awful about her ... They said she only got her work because the men were all away at the war and that she pinched the men’s work. Nemone Lethbridge on Rose Heilbron, 2017
Far left: Rose Heilbron was appointed silk, aged 34, in 1949, three months after the birth of her daughter. Left: Following in her mother’s footsteps, Hilary Heilbron was the 29th woman appointed silk in 1987. They are one of a number of female legal dynasties. Both Maud Croft’s daughter and granddaughter qualified as solicitors, and when Ann Bradbury was called to the Bar she was following in the footsteps of her mother, Edith Hesling, the first woman called by Gray’s Inn.
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Rose Heilbron was both an inspiration to and a champion of women (Evening Telegraph, January 1957).
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Heilbron was one of the first women to read law at the University of Liverpool, graduating with first-class honours in 1935, and was described by her tutors at Liverpool as a ‘student of quite exceptional promise’. The same year, she was admitted as a student member of Gray’s Inn and, in 1935, was the first woman to be awarded a scholarship by any of the four Inns of Court. Heilbron was called to the Bar in 1939 and the following year was elected to the northern circuit. In 1940 she was one of only 11 other women practising on the northern circuit out of a total of 300 members (4%). By 1950 the number had increased to 16 out of 319 (5%), and by 1960 there were 27 women and 348 men practising on the northern circuit (8%). The women often faced opposition, with male members of the circuit putting up obstacles to full integration. Rose Heilbron’s daughter, Hilary, explains how there were ‘lots of silly little rules’ that her mother had to put up with, ‘for example she wasn’t allowed to go to something called Bar Mess, which was an evening dinner on circuit’. Her exclusion was significant because this was an opportunity to establish professional relationships with other members of the Bar and to learn from each other’s experiences. Proving her tutors right, however, her practice flourished and when she took silk in 1949, three months after Hilary’s birth, she was not only one of the first women silks but also the youngest KC in more than 160 years. With the help of a live-in nanny and support from her husband, Heilbron proved that it was possible to combine a career with motherhood.
Shortly after taking silk in 1949, Heilbron became the first woman QC to lead the defence in a murder trial when she represented the accused, George Kelly, in the infamous ‘Cameo Murder’ trial. Illustrating the prejudice women lawyers faced, Kelly initially objected to Heilbron’s instruction declaring, ‘I want no Judy defending me’. Kelly was convicted – a conviction that was found by the Court of Appeal in 2003 to be unsafe based on deliberate concealment of evidence by the police at the time – but, recognising the skill and tenacity with which Heilbron conducted his defence, during the course of his trial his ‘scepticism turned to admiration’. His last words to her were, ‘Don’t you worry about me luv, you just look after yourself.’ Until 1965, a conviction for murder carried the death penalty and on 28 March 1950 Kelly was hanged at Walton Gaol, Liverpool. Such was the interest in Heilbron that she became a household name. When she was the first woman appointed to sit regularly as a Recorder in 1956, she was named Woman of the Year by the Daily Mirror. The following year a headline in the Evening Telegraph read: ‘Wives Queue to See Miss Heilbron Installed’. She was a Soroptimist and spoke regularly in public on matters such as equal pay and equal opportunities for women. It is said that the character Harriet Petersen, played by Margaret Lockwood in the 1970s’ television series Blind Justice, was inspired by Heilbron (see Chapter 8). In 1972 Heilbron became the first woman appointed to sit as a judge in the Old Bailey, and in 1974 she was elevated to the High Court. In 1975 she was appointed chair of the Advisory Group on the Law of Rape. In her report, she advised that the offence should be founded on the absence of consent, not violence; that the anonymity of complainants, but not the accused, should be protected; and that evidence relating to a complainant’s previous sexual history was irrelevant. Proving the need for women
People were awful about her ... They said she only got her work because the men were all away at the war and that she pinched the men’s work. Nemone Lethbridge on Rose Heilbron, 2017
Far left: Rose Heilbron was appointed silk, aged 34, in 1949, three months after the birth of her daughter. Left: Following in her mother’s footsteps, Hilary Heilbron was the 29th woman appointed silk in 1987. They are one of a number of female legal dynasties. Both Maud Croft’s daughter and granddaughter qualified as solicitors, and when Ann Bradbury was called to the Bar she was following in the footsteps of her mother, Edith Hesling, the first woman called by Gray’s Inn.
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Rose Heilbron was both an inspiration to and a champion of women (Evening Telegraph, January 1957).
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In 1956 Rose Heilbron was named Woman of the Year by the Daily Mirror on her appointment as Recorder of Burnley (Daily Mirror, 17 December 1956).
Liverpool’s first lady of the law Dame Rose Heilbron (1914–2005) Family
Qualifications
Father: Max Heilbron, emigration agent and hotelier Mother: Nellie Summers Sibling: one sister Spouse: Nathaniel Burstein (m. 1945) Daughter: Hilary Heilbron QC (b. 1949)
1935 LLB (first-class honours) 1937 LLM Career
1949 Appointed King’s Counsel at the same time as Helena Normanton, the first women silks in England and Wales 1956 First permanent woman Recorder (of Burnley)
1935 Awarded scholarship to Gray’s Inn Admitted to Gray’s Inn
1957 First woman Commissioner of Assize
1939 Called (Gray’s Inn)
1968 Bencher (Gray’s Inn)
1940 Elected to the northern circuit
1972 First woman judge to sit at the Old Bailey
Education Belvedere School, Liverpool Guildhall School of Music and Drama, London University of Liverpool
1973 Elected leader of the northern circuit, becoming the first woman leader of a circuit 1974 High Court Judge DBE 1975 Chair of the Advisory Group on the Law of Rape 1979–82 First woman Presiding Judge (on the northern circuit) 1985 First woman Treasurer of an Inn of Court (Gray’s Inn) 1988 Retires
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In 1956 Rose Heilbron was named Woman of the Year by the Daily Mirror on her appointment as Recorder of Burnley (Daily Mirror, 17 December 1956).
Liverpool’s first lady of the law Dame Rose Heilbron (1914–2005) Family
Qualifications
Father: Max Heilbron, emigration agent and hotelier Mother: Nellie Summers Sibling: one sister Spouse: Nathaniel Burstein (m. 1945) Daughter: Hilary Heilbron QC (b. 1949)
1935 LLB (first-class honours) 1937 LLM Career
1949 Appointed King’s Counsel at the same time as Helena Normanton, the first women silks in England and Wales 1956 First permanent woman Recorder (of Burnley)
1935 Awarded scholarship to Gray’s Inn Admitted to Gray’s Inn
1957 First woman Commissioner of Assize
1939 Called (Gray’s Inn)
1968 Bencher (Gray’s Inn)
1940 Elected to the northern circuit
1972 First woman judge to sit at the Old Bailey
Education Belvedere School, Liverpool Guildhall School of Music and Drama, London University of Liverpool
1973 Elected leader of the northern circuit, becoming the first woman leader of a circuit 1974 High Court Judge DBE 1975 Chair of the Advisory Group on the Law of Rape 1979–82 First woman Presiding Judge (on the northern circuit) 1985 First woman Treasurer of an Inn of Court (Gray’s Inn) 1988 Retires
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Sarah Leigh p. 91 bottom, with kind permission Kevin Leighton pp. 8, 81, 128 bottom left, 129, 135 bottom left Lensmen Photographic Agency and Irish Photo Archive p. 94 top Lesley MacDonagh p.113 right, with kind permission The Lethbridge family p.67 top, with kind permission The Library of Congress p.28 bottom right LSE Women’s Library pp.18 top, bottom left, 21 all, 24 top, 28 top and bottom left, 37 bottom left, 41, 46 all, 47, 57 top and bottom right, 58, 60, 86, 89 middle, with permission Victoria McCloud p.138 middle right, with kind permission Christina Michalos QC, p.134 Jozef Mikietyn/Alamy Stock Photo p. 30 Douglas Miller/Stringer/Getty Images pp.62 bottom, 63 top right Mirrorpix pp.19 bottom, 29 top, 37 top, 71 top and bottom, 72, 80, 89 top Modo Photography p.67 middle left Moira Leggat p.115 bottom left Nationaal Comité 4 en 5 mei p.110 bottom left National Portrait Gallery, London pp. 23, 32 top, 34 bottom, 40 bottom, 59 bottom, 62 top, 68 left, 73 right Sandie Okoro p.116 right, with kind permission Office for National Statistics pp. 89 bottom left PA/PA Archive/PA Images pp. 93, 106 Parliamentary Archives, HL/PO/ PU/1/1919/9&10G5c71 p. 10; HL/ PO/PU/1/1918/7&8G5c64 p.20; HL/ PO/JO/10/11/880/1674 p.76 right; HL/PO/PU/1/1967/c39 pp.82 top; HL/PO/PU/1/1967/C878 p.82 middle right; HL/PO/PU/1/1967/C60 p.105 right Photoshot p.115 top left 160
Photoshot/TopFoto p. 94 bottom The Principal & Fellows of St Hugh’s College, Oxford/Anne Tickell and Martin Tomlins pp.25 top, 126 top, by kind permission The Principal & Fellows of St Hugh’s College, Oxford; Daily Mail / Solo Syndication dmg media p 25. bottom, by kind permission Royal Courts of Justice p.114 Victoria Russell p.127 Baroness Scotland p. 130 top, with kind permission The Scottish Government p.112 top right Scottish National Gallery p.63 left Sean Wallis p. 89 bottom right Mark Sheard p.139 top, with permission Sister Pictures p.107 bottom left Spare Rib Magazine, pp.87 middle left John Sturrock/Alamy Stock Photo p.100 top The Sunday Business Post p.82 bottom The Supreme Court p.135 top The Tomlins archive, with kind permission of Martin Tomlins and Anne Tickell, grandchildren, pp.126 top UK Parliament p.112 bottom UNCTAD p.130 bottom Linda Urquhart OBE. p.125, with kind permission William Vanderson/Fox Photos/Hulton Archive/Getty Images: cover photo June Venters QC p.128 top, with kind permission Dame Fiona Woolf p.101, with kind permission Jamie Williamson exclusively for the Law Society of Scotland p.147 top left Jamie Williamson exclusively for First 100 Years p.136 top Jane Wynne Willson p.38 bottom, with permission Permissions courtesy of The Yorkshire Post Newspapers. Copyright reserved p.62 middle left