A HIGH-FLYER who has always been seen as something of a trailblazer is now regarded as one of the pillars of the legal establishment. With expertise spanning common law, human rights and privacy law, Sir Rabinder Singh’s illustrious forty-plus year career encompassing roles as both lawyer and judge underscores his unwavering commitment to fairness, equality and human rights. His deep comprehension of complex legal intricacies, spanning areas such as judicial review, equality, privacy, human rights, criminal law and international law, strengthens his reputation as a formidable legal authority, celebrated for his keen insight. Throughout his career, Singh has represented a diverse array of individuals and organisations, advocating for their rights, including those accused of terrorist offences, and advocating on behalf of non-governmental bodies such as Liberty, and governmental entities. Currently holding the positions as Lord Justice of the Court of Appeal and president of the Investigatory Powers Tribunal, Singh’s tenure as a Judge has been marked by a steadfast dedication to fairness and empathy. Emphasising the role of judges as guardians of the rule of law, he underscores the imperative for the common law to adapt to societal needs while upholding democratic values. Singh attributes his success to pivotal opportunities, namely, earning a law degree from Trinity College, Cambridge, and obtaining an LLM from the University of California, Berkeley. Reflecting on his educational journey, he acknowledges the invaluable influence of American legal perspectives, particularly in understanding law within its social and political context. Called to the Bar at Lincoln’s Inn in 1989, Singh’s ascent in the legal realm has been impressive. Becoming a Queen’s Counsel in 2002 and then assuming key judicial roles, including Deputy High Court judge and recorder of the Crown Court, his trajectory culminated in his appointment as a Lord Justice of Appeal in 2017 and president of the Investigatory Powers Tribunal in 2018.
In addition to his judicial responsibilities, Singh has made significant contributions to academia, serving as honorary professor of law at Nottingham University, visiting professor of law at the London School of Economics, and visiting fellow at Lady Margaret Hall, Oxford. Born in Delhi in 1964, Singh’s formative years unfolded in Bristol, where he attended Bristol Grammar School, on the back of a local authority scholarship, when it was still a direct grant grammar school. It was during this time that he forged a clear aspiration to become a barrister, a decision partly inspired by the impactful portrayal of Atticus Finch (Gregory Peck) in the film adaptation of Harper Lee’s seminal novel, To Kill a Mockingbird. “Atticus Finch talks about the law as the great equaliser,” Singh reflects, pointing to Finch’s unwavering commitment to justice as a driving force. “He’s a lawyer who sees his role as a calling. Even in the face of probable defeat, he upholds his duty because it’s the morally right thing to do.”
Reflecting on his own journey, Singh muses on whether he has subconsciously modelled aspects of his legal philosophy on Peck’s portrayal of Finch. He recalls a poignant scene where Finch maintains his dignity in the face of provocation, choosing silence and composure over retaliation – a moment that left a lasting impression on Singh. Since his college days, Singh has been a fervent advocate for human rights and privacy law, recognising their pervasive influence across various legal domains. “Human rights principles permeate every aspect of law—from family to criminal to commercial law,” Singh observes. “To be a proficient lawyer, one must recognise and uphold these fundamental principles.” Delving into the values that underpin the common law, Singh underscores its remarkable adaptability and flexibility. “The common law has demonstrated its capacity to embrace new values over time,” he explains. “While principles like liberty and equality are foundational, the relationship between law and values is inherently complex.” Throughout his career, Singh’s unwavering commitment to justice and the principles of the law has remained steadfast. His reflections on the enduring influence of literature and the evolving nature of legal values offer insights into his profound understanding of the legal landscape and his enduring dedication to upholding justice and equality. “There are values like the importance of liberty and equality. However, if you consider law as a system, the relationship between the law and values is very a complicated one,” he feels. Throughout his journey, Singh has contributed significantly to legal scholarship, penning several publications that delve into critical issues. These include The Future of Human Rights in the UK (1997), co-authored with Sir Jack Beatson and others, which offers insightful analysis into the evolving landscape of human rights. Additionally, Singh’s collaboration on Human Rights: Judicial Protection in the UK (2008) underscores his commitment to advocating for robust judicial safeguards in the realm of human rights.
Most recently, his work The Unity of Law (2022) explores the interconnectedness of legal principles, offering fresh perspectives on the unity inherent within the legal system. Delving into the merits and pitfalls of legal specialisation, Singh emphasises the positive impact of diverse legal specialisations in catering to the varied needs of clients and students. However, he also cautions against the potential dangers of ‘over-specialisation’, noting the risk of siloed thinking in legal doctrine and practice. Discussing the responsibilities of the Investigatory Powers Tribunal, Singh acknowledges the significant power entrusted to investigation agencies by society. He stresses the importance of accountability and lawful exercise of power, noting the establishment of mechanisms such as the Office of the Investigatory Powers Commissioner to uphold the rule of law and safeguard national interests.
Singh stresses the importance of maintaining a broader regulatory framework, suggesting that the judiciary’s role is not to prescribe detailed regulations but to ensure the overarching principles of justice and fairness are upheld. As a judge, Singh underscores his loyalty to the law, highlighting his commitment to discerning the correct legal answers while ensuring every individual in the courtroom receives a fair hearing. He believes that the dignity of the losing party is paramount, emphasising the importance of leaving the courtroom with a sense of having been heard and treated justly. Regarding the role of judges, Singh rejects the notion of judicial activism, asserting that judges should not impose values on society but rather ensure that the common law evolves to meet the needs of a democratic society. He identifies curiosity as a vital quality for judges, emphasising the importance of understanding diverse perspectives and contextual nuances in addressing legal challenges.
Throughout his life, Singh has nurtured a deep appreciation for literature, particularly classical Greek and Latin works, drawn to authors who possess the ability to inhabit diverse characters and perspectives. This passion for literature has not only enriched his personal life but also informs his judicial approach, as he believes that literature enables judges to empathise with different viewpoints and understand the complexities of human experience. Despite his remarkable achievements in the legal profession, Singh remains firmly grounded, frequently reflecting on his modest beginnings and the opportunities that have shaped his trajectory. His commitment to humility and perseverance is evident in his interactions, as demonstrated during a recent visit to his former primary school in Bristol, where he encouraged students to seize opportunities, overcome obstacles, and pursue their aspirations.
