Profile of Sir Andrew McFarlane

By Jack Ashurst DLSAA Student Reporter

I recently had the privilege of interviewing Sir Andrew McFarlane, the current sitting President of the Family Division. The wide-ranging interview focused initially on Sir Andrew’s time at Durham and his career at the Bar. The conversation culminated in his experiences in the judiciary and his current advice for Durham students and alumni. This structure is mirrored in this article.

Initial Experiences and Durham

McFarlane was initially attracted to study law due to his experiences acting and debating at school. Durham was McFarlane’s top choice for university. When considering his choice of college, Sir Andrew was given an opportunity to be a part of the first year of Collingwood College. Just sixty students formed this first year group of the College.

Sir Andrew recalls fondly his time involved in the theatre at Durham. Specifically, McFarlane was a founding member of the Durham University Sensible Thespians, which later became the Durham Revue He remains extremely fond of the group and is still in contact with many of the founding members to this day. McFarlane also served as President of the Students’ Union. This is a role which he describes as a good training ground for his future career, as he was responsible for running the large Students’ Union and engaging in public speaking and debate on constitutional and political issues.

Career at the Bar

A career at the Bar stood out to McFarlane for much the same reason as he was attracted to law in the first place; his formative experience of acting and debating at school and university. Sir Andrew was so sure of this career that he joined Gray’s Inn, where he has been a bencher since 2003, early on in his first year at Durham.

While reflecting on his decision, Sir Andrew detailed the key aspects of a career at the Bar which have resonated most strongly with him. He notes that he particularly enjoyed the satisfaction of building his own business through his career, as well as working independently within the support network of a friendly chamber.

Upon completing pupillage, McFarlane joined 2 Fountain Court, a set of common law chambers in Birmingham. 2 Fountain Court merged with 7 Fountain Court in 1998 to create St. Phillips Chambers. At this early point in his career, McFarlane had a broad common law practice which included crime, personal injury, employment and some family work. However, McFarlane’s interest in practising family law exclusively was piqued when he appeared in Nottingham representing a family whose children had been taken into care by social services. McFarlane recalls being taken aback by the power of the law in this area. Following this experience, McFarlane also began to take on more family law matters as a firm which previously briefed him on personal injury claims, won a contract for adoption work for Birmingham City Council.

These factors culminated to mean that Sir Andrew was practising family law at a key time for its development. The Human Rights Act was beginning to take shape, and the inquiry into the Cleveland Child Abuse Scandal resulted in major changes in the law. The nature of the changing legal landscape meant it was an exciting time to practise family law.

For current Durham students interested in pursuing a career at the Bar, McFarlane notes that it is important to persevere. He also notes that it is important to not limit applications to one practice area or one location unless you are absolutely sure of your interest in this area. He notes how his experience in the regions meant he was working at a much more senior level than he otherwise would have been in London. He found this to be particularly rewarding in his early career.

McFarlane took silk in 1998, and this had a major impact on his practice. He began to work on much larger cases as part of a team.

Career at the Judiciary

McFarlane had been sitting part-time as a Recorder since 1995 while still practising at the Bar. Sir Andrew had appeared in all levels of Courts, including the then Appellate Committee of the House of Lords and European Court of Human Rights and the opportunity of a fresh challenge in the judiciary was very appealing. He was appointed as a High Court judge in 2005.

He found the change to be an invigorating and stimulating chance at a second career. Sir Andrew has particularly enjoyed being a part of the judiciary community and working with a range of people, from court staff to other judges. Sir Andrew was appointed President of the Family Division in 2018. Serving as President brings with it a variety of roles. Firstly, McFarlane is often appointed to the leading family law cases in the High Court and Court of Appeal. He is also responsible for managing the forty-two different family court centres around England and Wales. Sir Andrew is also responsible for interacting with a range of government and professional agencies. He also works closely with other leading judges to run the judiciary.

When reflecting on his most memorable experience serving as President, Sir Andrew is most proud of the reforms which have increased transparency in the Family Courts. He is also extremely proud of his role in keeping the Family Courts operating from the very beginning of the Covid-19 pandemic to ensure the service remained open for those users who most required it.

Sir Andrew announced his retirement from his role as President in October 2025 and will retire from the role in April 2026.

Acknowledgements

I would like to conclude by extending my thanks to Sir Andrew McFarlane for an engaging and insightful interview.

I would also like to extend my gratitude to Professor Philip Bennett, the Law School’s first Professor in Practice, and David Patient, Chair of the DLSAA Executive Committee, for giving me this opportunity.