On 22 August 2023, Domus suffered a considerable loss by the death of Master Anthony Russell. He was 72 years of age. Anthony was a man of rare qualities and I doubt we shall see his like again.
Anthony Patrick Russell was born in Bebington, Wirral, on 11 April 1951, the son of Dr Michael Hibberd Russell, the village GP. Two years later, the family was increased by the birth of Anthony’s brother, Nicholas, who followed his father into the practise of medicine, becoming a Consultant Physician.
Anthony’s father was the younger brother of Patrick Russell, who, but two years Call in the year of Anthony’s birth, quickly made his mark on the Northern Circuit, taking Silk in 1971, becoming its Leader in 1978, a Bencher of this Inn in 1978, a High Court Judge in 1980, and was appointed to the Court of Appeal as Rt. Hon. Lord Justice Russell in 1987.
From 1953, Anthony’s family moved to Little Sutton near Chester and so it was no surprise that both he and his brother went to The King’s School, Chester. Founded in 1541 by Henry VIII, the school’s high academic standard suited Anthony very well. Never a sportsman as such, he was a creditable oarsman until, aged 14, his scoliosis was discovered and then treated surgically and with physiotherapy over the next two years. When he had recovered sufficiently to return to school, he was able to bring his dramatic and singing skills to bear, perhaps most notably in the title role in The Mikado – in full flowing Japonaise costume and make-up.
It was whilst he was at King’s that Anthony discovered his love of music, especially singing. It never left him. He was able to focus on this especially at Pembroke College, Oxford, which he entered on an Open Exhibition in 1970. At Pembroke, he was a Sacristan of the College Chapel and there, together with the Organ Scholar and the Choirmaster he helped found a four-part choir, using boys from New College School for the treble line. It marked a significant improvement in the choral standard of the College which has continued to this day. Aside from reading Law and performing musically to a high standard, Anthony became active as a student politician and was President of the Oxford University Conservative Association in 1972.
After what he was to describe as ‘three of the most enjoyable years of my life’ at Oxford, Anthony followed his uncle Pat’s footsteps to the Bar, joining Middle Temple of which he became a Bencher in 2008. This reflected the vast amount Anthony did for the Inn on Circuit, no more so than his work with Masters David Lynch and David Stockdale in reviving the fortunes of the Northern Circuit Society.
Although many of his friends were in London, he followed his uncle to Ship Canal House in Manchester and was pupil to Michael Lever. Given a Tenancy there, he was one of a starry cast. Aside from Lever himself, there was John Hugill, Michael Shorrock, Helen Grindrod, Anthony Morris, and Peter Openshaw who Anthony described as ’my closest friend in the law’.
Whilst in Manchester, Anthony continued his choral singing with Salford Choral Society, the Voluntary Choir at Manchester Cathedral and then the Choir of St. Anne’s Church. He studied singing formally, being awarded the Archbishop of Canterbury’s Certificate in Church Music. He was a Council member – and later an Honorary Fellow – of the Guild of Church Musicians.
Elected to the Northern Circuit in 1974 and its Junior in 1977, he was busy and successful in a common law practice. Eventually he developed a speciality in the prosecution of Fraud trials, leading to his appointment as Standing Counsel to the Inland Revenue 1993 to 1996. He was the Editor of the Circuit Newsletter In Brief for seven years from 1997. To no one’s surprise, he took Silk in 1999.
After five years in the front row, he was appointed as a Circuit Judge in July 2004, having sat as an Assistant Recorder and then a Recorder since 1989. His appointment was to the Crown Court in Preston where he served under his old Chambers colleague, Peter Openshaw, until the latter’s appointment as a High Court Judge. Anthony Russell was then appointed a Senior Circuit Judge and became The Recorder of Preston.
As Resident Judge for Lancashire, Anthony worked immensely hard both in the Court itself and in the Civic Duties which come with it. Preston, though a City since only 2002, is an ancient Borough with a proud history. Amongst its traditions is The Preston Guild, held every 20 years. The Recorder of Preston’s duties extend to delivering an Oration in Latin. What the assembled local councillors and tradespeople of Preston made of this display is not recorded, but Anthony rose to the task superbly, relying on his fine education and intellect to good effect.
Anthony had a first-rate mind and was better – and more widely – read than almost anyone I know. He was a long-standing member of the Selden Society, a learned society devoted to the study of English legal history.
A gay man, who occasionally suffered from the closed minds of earlier generations and the prurience of the gutter Press, he withstood all this with fortitude, dignity, and elegance. Likewise, he faced-down his scoliosis, and the many medical problems it caused, with courage, recognising it as being an undeniable part of him, but in no sense being defined by it.
In his excellent book of reminiscence Passing Through This World But Once [Rossendale Books, 2013] Anthony wrote of himself as being contented in his own company. However, his good circle of lifelong friends and his huge circle of acquaintance bespeak a man whose intelligent, charming, generous and, above all, kindly spirit was very widely loved.
May God rest his great and generous soul.
His Honour Anthony Russell KC was born on April 11, 1951. He died on August 22, 2023, aged 72.
