Richard Simon Hermer was born in South Glamorgan in 1968[1] to a "blue-box" Jewish family.[2][3] His father, whom Hermer has described as a "proud" Conservative, was a city councillor in Cardiff and county councillor in South Glamorgan.[3] Hermer has said that he disagreed with his father "across a wide array of political topics", but said that they never fell out over politics.[3]
Hermer acted for the estate of Derek Bentley,[12] a British man who was hanged for the murder of a policeman in 1953 but was later posthumously pardoned.[18]
In 2005, Hermer along with Keir Starmer were instructed by Deighton Guedalla for the claimants in Ashley v Chief Constable of Sussex, regarding the shooting of James Ashley.[19]
In 2008, after the defendant supplied a copy of the Moonstone Report to the advisers of the claimants, but the scope of the redactions were disputed; Hermer argued that anything to the discredit of the defendant should have been disclosed because it could have potentially aggravated damages, but the judge rejected this.[20]
In 2017, Hermer was instructed by Leigh day for the respondents, in Lungowe & Ors v Vedanta Resources Plc & Anor, where he argued that the fact of the Vedanta claim in the UK "weighed very heavily" in favour of the conclusion that service out should have been set aside, though acknowledged the mere fact of it did not automatically lead to that conclusion.[21] He later submitted that the judge had reached the right conclusion on whether England and Wales was the correct place to bring the claim, largely for the reasons that he gave.[21]
In 2019, Hermer was instructed by Leigh day where he represented the claimants in the Supreme court case Lungowe v Vedanta Resources plc.[22] He argued in the case that a lack of funding to support a fairly represented case presented a major barrier to justice in Zambia.[22]
In 2020, Hermer, whilst working for Matrix Chambers, was a collaborator and part of the extended team working with Forensic Architecture, investigating the killing of Mark Duggan on 4 August 2011.[23]
In 2020, Hermer acted for Liberty; a human rights group (which was an intervenor in Begum v Home Secretary) that argued that Shamima Begum should have been allowed to return to the UK to participate in her appeal.[24][25] Home Secretary Sajid Javid decided to revoke Begum's citizenship in 2019,[26] which led Begum appealing the decision but a unanimous decision by the Special Immigration Appeals Commission (SIAC) in February 2020 concluded that she had not been improperly deprived of her citizenship.[27] The case was brought to the Court of Appeal in 2020,[28] where Liberty argued that the deprivation of citizenship by the Home Secretary was an "extremely draconian power."[29][30]
In written submissions in the Court of Appeal case, Hermer said that Begum was "no longer entitled to be protected by the state" which he said risked Begum to "exposure to irregular treatment" such as "rendition and targeted drone strikes"; going on to say that the consequences could be "fatal".[30][31] Hermer told the court that there had been a "significant increase in the use of draconian powers" in recent years, and also said that there was a "further complexity" when the SIAC was required to "determine deprivation appeals involving individuals who were groomed whilst in the UK and recruited to join ISIS" which Hermer said included "young women, some of whom were groomed as children, who travelled to Syria to marry men who were aligned with ISIS."[31] He also submitted that "once in ISIS territory, girls and women faced coercive and exploitative conditions" which Hermer described as a "complex issue" which he said could not be "effectively explored" unless the "potential victim" was "able to meaningfully participate by providing evidence in her appeal."[31]
In July 2020, the Court of Appeal ruled that Begum should have been allowed to return to the UK to appeal the decision to remove her citizenship,[32] but in March 2021, the Supreme Court overturned the Court of Appeal's decision and refused Begum leave to enter the UK to participate in her appeal.[25]
Okpabi v Royal Dutch Shell plc
In June 2020, Hermer represented the claimants, who were Nigerian citizens who commenced two sets of proceedings against the Royal Dutch Shell Plc (RDS) and the Shell Petroleum Development Company of Nigeria Ltd (SPDC),[33] in Supreme Court case Okpabi v Royal Dutch Shell plc.[34] On 23 June, he told the court that there were "systematic failures either to stop devastating oil spills or remedy their profound impact", and also said that the damage to the mangrove fields covered 13,000 hectares which was more than twice the area of Manhattan.[34]
In February 2021, in a landmark judgement the Supreme Court ruled unanimously in favour that the claims of the 50,000 Nigerian villagers against the Royal Dutch Shell must proceed to trial.[35][36]
Zubaydah v FCDO
Between 2021 and 2023, Hermer represented Abu Zubaydah, a Palestinian former Guantanamo Bay detainee, in his case filed against the Foreign, Commonwealth and Development Office (FCDO).[37] Zubaydah alleged that between 2002 and 2006 he was unlawfully rendered by agents of the United States Central Intelligence Agency (CIA) in Afghanistan, Guantanamo Bay, Lithuania, Morocco, Poland and Thailand (the six countries), where he was arbitrarily detained and subjected to extreme mistreatment and torture.[37] He had brought the claim in English courts, as he alleged that UK intelligence services were complicit in the mistreatment and torture.[37] In 2021, the High Court held that Zubaydah's claims against the UK intelligence services were governed by the laws of the six countries, but in 2022 the Court of Appeal overturned the judgement and said that the claims were governed by English law.[37]
The case was brought to the Supreme Court, which was heard on 14 and 15 June 2023, and Hermer was instructed by Bhatt Murphy Solicitors in the case.[38] He urged to the court the point that the significance of the injuries that occurred in the six countries was reduced because Zubaydah was not voluntarily present in any of the six countries, as he was unlawfully taken and detained there by the CIA.[38] He also argued that those six countries were chosen by the CIA because the local law could be evaded, and also said that the CIA "acting within their own law" and "operating their own framework of value and law".[38] He also underlined how the CIA's black sites in each of the six countries acted as "de facto exclaves" where the laws and jurisdictions of the country did not run, and later described how the UK services opportunistically took advantage of the state of affairs that the CIA had brought about, which Hermer said made them complicit in that conduct.[38] On 20 December 2023, the Supreme Court ruled in a majority 4-1 decision that English law was applicable.[37]
In March 2022, Hermer was appointed to a legal task-force, alongside other leading international human rights lawyers including Lord Neuberger, by the Government of Ukraine on the accountability for crimes committed in Ukraine to deliver for victims of international crimes committed by Russia in Ukraine.[39]
Hermer acted for over 900 victims of the Grenfell Tower disaster and led the negotiations which led to the settlement of around £150,000,000 in 2023.[12] He outlined the detail of the settlement to judge, Barbara Fontaine, at a High Court hearing in London where he said that around £50,000,000 would be allocated to a "restorative justice project", and also said that the defendants had agreed to fund an event titled "testimony week".[40][41] Hermer said that "no amount of money will ever truly compensate for what the claimants have had to endure", and said that the settlement is "purely of the civil claims for compensation", and went on to say that it "does not right the wrong" and "does not secure accountability".[42][43][44]
Communities Secretary Michael Gove (pictured) said that Hermer had a "record of political commitments" on the topic
In July 2023, he acted as an advisor to the Labour Party regarding the proposed Economic Activity of Public Bodies bill, which was known as the Anti-BDS bill.[45][2] In his opinion which was commissioned by David Lammy and Lisa Nandy,[46] Hermer described Clause 1 of the bill as "appallingly badly drafted" and said that the bill would "stifle free speech at home", and also said that it would have a "profoundly detrimental impact" on the ability of the UK to "protect and promote humans rights overseas."[2][47] He also said that the bill "effectively equates the OPT with Israel itself" which he said meant it was "very difficult to reconcile with the long-standing position of the United Kingdom which supports a two-state solution."[48] Hermer also said that handing such power to the Secretary of State would "seem at odds with the general tenor of government policy to decentralise power", and went on to say that history had shown the "capricious consequences" that flow when powers of that nature were "removed from hundreds of public bodies and placed exclusively in the hands of one decision maker."[48]
Conservative MP Simon Clarke, whilst addressing Communities Secretary Michael Gove in the House of Commons, pointed out that Hermer had authored a chapter in the book titled "Corporate Complicity in Israel's Occupation: Evidence from the London session of the Russell Tribunal on Palestine", which Clarke said was edited by some "interesting" people Clarke feared "in the most negative sense", and went on to ask if Hermer was really the "calibre of individual" who should have been advising the opposition.[2] In response, Gove said that Hermer had a "record" in the area and a "record of political commitments" which everyone could see "clearly predisposes him towards a political and particular view" on the question.[2] Hermer later responded by stating that the questions inferred that his analysis was somehow influenced by some form of malign intent towards Israel, but Hermer said that "it was not."[2]
Gerry Adams damage claims
In November 2023, Hermer led the legal team and was the barrister for former Sinn Féin President, Gerry Adams, following damage claims of £1 brought against Adams and the Provisional Irish Republican Army (PIRA) by victims of bombings.[49] In court, he argued that the PIRA was a "unincorporated association" that was "incapable in law of being sued."[49] In a written case outline to Justice Michael Soole, he also argued against the claims of Adams as a "representative" of the PIRA, but did not argue that entire claims against Adams should be struck out.[50]
In January 2024, Justice Soole ruled that the claimants could not sue the PIRA or Adams as a "representative", but could continue in a personal capacity.[51][52]
Soldier murdered by IRA
In 2024, Hermer was instructed by the family of a British soldier who was murdered by the IRA in 1991, which was a challenge to the Northern Ireland (Legacy and Reconciliation) Act 2003.[8][12]
Selected inquests
Adam Rickwood inquest
In May 2007, Hermer represented the family of Adam Rickwood, who was the youngest person to die in custody in the modern era.[12] The Youth Justice Board decided to send Rickwood to Hassockfield Secure Training Centre rather than one of the five local security authority children's homes (Lasch), and during the inquiry Hermer told the jury that the Laschs had a "different emphasis" compared to the STCs, due to better trained staff and higher staff ratios.[53]
In December 2008, following calls from Rickwood's mother for a second inquest, Hermer said that Rickwood had died due to "systemic failures" and the use of an "unlawful" restraint technique.[54] On 17 December when he opened the case, Hermer said that Rickwood was a "deeply troubled and deeply vulnerable child", and went on to say that the inquest considered the restraint methods used on Rickwood as a pontetial contributory factor to his death.[54]
Stephen Allbutt inquest
In June 2007, Hermer acted in an inquest for the families of Corporal Stephen Allbutt and Trooper David Clarke; Clarke and Allbutt were two soldiers who were killed in Iraq in a "friendly fire" incident in March 2003.[55] The inquest, which was held in Oxford, was into Allbutt's death as no inquest could be held for Clarke as his body was not found.[55] Hermer told the inquest that documents were not given to the families of the two men when they should have been, and said that their copies had been edited to the point where they were "almost unintelligible". He went onto say that all it had done was "cause hurt and upset" to Allbutt's widow.[55]
Lieutenant Colonel Lindsay MacDuff, who was a Major at the time, insisted in evidence to the inquest that he told Allbutt over the radio about the two friendly tanks (which had killed Allbutt and Clarke), despite there being no record of this transmission.[56] In response, Hermer said to MacDuff "you are lying" and went on to say that it was "not a recollection" but instead a "fabrication."[57]
Ella Kissi-Debrah inquest
In November and December 2020, Hermer represented the family of Ella Kissi-Debrah in an inquest.[58] He accused Lewisham council of failing to treat air pollution as a priority despite knowing that it was dangerous.[59] He said that after studies indicated that the pollution level was soaring, the council took seven years to make the first strategic needs assessment; going on to describe it as a "glacial pace in the context of a public health emergency."[58] Hermer was instructed by Hodge Jones and Allen in the case, and the inquest later found that Ella-Kissi Debrah had died of air pollution.[60]
In July 2024,[61] after Rosamund Kissi-Debrah announced that she would be suing the government,[62] Rosamund Kissi-Debrah said that Hermer had "equated Ella's suffering to torture."[63][64]
In a public inquiry into the killing of 80 civilians by the SAS in Afghanistan, Hermer represented Mansour Aziz and families of the 33 victims.[65][66] On 9 October 2023, in his opening statement on behalf of the families, he said that he would seek to find evidence "capable of suggesting" that the SAS were "applying a practice of unlawfully killing Afghan civilians"; later saying that this meant they were "conducting a campaign of murder" which he said was a "war crime amounting to grave breaches of the Geneva convention."[67][68] He also stated on 11 October that the existence of serious suspicions of extra-judicial killings were "widely known at the highest levels of government … even in 10 downing street."[69][70] Following evidence that the SAS deleted data from its computers which was in breach of promises it had made to the Royal Military Police, Hermer said that it was at best "highly suspicious", and at worst a "patent and criminal attempt to pervert the course of justice."[71]
Political involvement (before 2024)
Hermer has been a supporter of the Labour Party since he was a teenager.[3] He has previously been involved with the Labour Campaign for Human Rights (LCHR), and was involved with a fringe event with the LCHR at the Labour party conference.[72]
On 15 July, Hermer was sworn in as Attorney General at the Royal Courts of Justice by Baroness Carr of Walton-on-the-Hill, Lady Chief Justice of England and Wales, alongside Lord Chancellor Shabana Mahmood and Solicitor General Sarah Sackman.[91] In his swearing-in speech, Hermer stated that legal analysis of the law officers would "always be guided by law not politics", and that it was their "job to speak truth to power."[92] Hermer also said in his speech that the values they were seeking to protect were "not the property of any political party" and said that the task had "never been more urgent."[92] He was created a life peer as Baron Hermer, of Penylan in the City of Cardiff, on 18 July.[93] Hermer was introduced to the House of Lords on 22 July.[94] He made his maiden speech on 23 July; in which he said that the government would be "clamping down on improper donations to political parties", and also that they would "reset relations" with the devolved governments and "foster greater collaboration".[3]
In September, Hermer visited Ukraine where he went to Kyiv, Bucha and Irpin in order to "drive forward accountability" for Ukraine.[97] During his visit, he opened the United for Justice conference where he spoke alongside Ukrainian President Volodomyr Zelenskyy, Prosecutor General Kostin and International Criminal Court (ICC) Prosecutor Karim Ahmad Khan in Kyiv.[97] Hermer said that the UK supporting Ukraine's "fight for freedom and its fight for justice" and also said that Russia "must be accountable for both specific atrocities and its act of aggression", and also stated that the UK stood with Ukraine from the "battlefield to the court room".[97] Hermer also visited various areas affected by the war, and held discussions with Prosecutor General Kostin.[97]
In August, Hermer intervened in the Foreign Office review over whether the government should ban arms sales to Israel,[103] during a reported difficulty for officials to distinguish between "offensive" and "defensive" weapons.[104][105] Hermer reportedly declined to approve a decision to ban some weapons sales to Israel unless it was proved that those weapons were being used to break international humanitarian law.[106][107] On 2 September, in a decision coordinated by Hermer, the Foreign Office and the Business and Trade department, the government suspended 30 arms export licenses to Israel after the review found that was a "clear risk" of UK arms being used in violation of humanitarian law.[108]
In October, Hermer confirmed in an interview with The Financial Times that the government would "comply" with their "lawful obligations" regarding any potential arrest warrant for Netanyahu from the International Criminal Court.[109] Hermer also said that the government was determined to not do anything that "undermines the ICC."[110]
Following riots that occurred after the 2024 Southport stabbing, Hermer attended the emergency COBRA meetings alongside Starmer, Deputy Prime Minister Angela Rayner, Home Secretary Yvette Cooper, other ministers, police leaders and representatives from organisations,[111] which involved updates and plans for responses during the riots.[112]
Hermer later provided his consent to charge several people for what was described as "stirring up racial hatred online", amidst the first sentencing[113] of two individuals for social media-related posts during the riots.[114] In a statement on 9 August, Hermer said that stirring up racial hatred online was "completely unacceptable" and said that it "helped fuel other criminal misconduct".[114] Hermer said that the actions of the two individuals were "harmful and unlawful", and added that their sentences served as a "stark warning" that "you cannot hide behind your keyboard – you will face the full force of the law."[114]
On 23 August 2024, Hermer visited Liverpool following the riots, firstly to Merseyside-Chesire Crown Prosecution Service (CPS) to thank officials for their roles in charging offenders, then to Spellow Lane library in Walton to donate books following the damage to community hubs there, and lastly to Southport where he met with members of the community at Southport Mosque (the initial target of the Southport riots).[115] Hermer said that he was "acutely aware" of the work that the CPS did with the police to "bring justice" and the role that it had in "quashing the criminality" that was seen on the streets.[115] On his visit to the Spellow Lane library, he said that the space was "emblematic" of the country as it showed how a "tiny minority" could "cause havoc" and described the actions that damaged the library on 3 August as an "appalling act of criminality", but also said that the "really important thing" was that the community came together to "clean" and to "rebuild".[116] Hermer cited his reasoning for visiting Southport mosque as to promote what was "going to be the long lasting message"; saying that the message was that Britain was not represented by the "small minority of criminals" who had been "marauding" through the streets, but instead by the people who "came out to clean the streets" the following day and the "amazing young people" that Hermer had met on his visit there.[115]
During his visit to Liverpool, Hermer confirmed that there would "be more" whilst he was discussing charges and sentencing.[115] He declared that the rioters had not "gotten away" with their actions, and said that they would "feel the consequence."[115] Hermer said that they were really "guided" by the "level of criminality" seen on the streets, and observed that they saw a "large number of people" involved.[115] He noted that there had been over 1100 arrests and 600 charged, and went on to say that he would not pretend that they did not "inherit a criminal justice system with some significant problems", but expressed his confidence in the Crown Prosecution Service, the police and judiciary's ability to "cope with the task" that they were presented.[115]
Hermer attributed the "swift" and "severe" justice that followed the riots as having a significant role in bringing the disorder to an end.[116] He said that people who intended to continue with criminal activity received the "clearest message within days" that there was a "price to pay", and also said that people saw in the "clearest and starkest terms" that justice could be swift and severe which he said played a "major role" in getting the streets safe.[116] He additionally said that people could not "hide behind a keyboard" and said that the authorities would prosecute those who incited "racial and religious hatred online", and commented that anybody who had committed "a serious offence" would "find themselves in a cell."[116]
During the The Eras Tour by singer Taylor Swift, the metropolitan police provided Swift with a tax-payer funded escort.[117] The Met initially dismissed the idea of giving Swift enhanced security and warned that giving her VVIP protection would breach its long standing protocols.[118] The stance of the met reportedly shifted after Hermer was asked to intervene in the case.[119] It was reported that Hermer effectively provided the necessary legal cover for the police escort to be allowed; The Times claimed that the Met only relented after Hermer's intervention, and critics described it as "highly unusual".[120]
A Conservative party spokesperson said that Hermer and Home Secretary Yvette Cooper had "serious questions to answer" about the allegations around pressuring the police.[121] The Met did not deny that Hermer had intervened in the issue, and a spokesperson said that the Met was "operationally independent."[120] A spokesperson for Hermer claimed that the decision was "solely an operational decision for the police."[122] Hermer himself later said that there was a convention preventing him from revealing if he had advised on the issue.[123]
Other notable events and cases
On 18 July 2024, five Just Stop Oil protesters,[124] including Roger Hallam, were sentenced for conspiracy to cause public nuisance with sentences between 4–5 years each,[125] believed to be the longest ever sentences for a peaceful protest.[126][127][128] After this, an open letter was then addressed to Hermer, which called for an "urgent" meeting between him, Labour donor Dale Vince and broadcaster Chris Packham to discuss what they described as the "jailing of truth tellers and their silencing in court."[129] The letter received signatures from over a thousand from public figures including former Labour leader MP Jeremy Corbyn,[130] former Archbishop of CanterburyRowan Williams,[131] and musician Chris Martin.[132][133] In response, a spokesperson for the Attorney General's Office said that "decisions to prosecute, convict and sentence" were "made independently of government" and that Hermer had "no power to intervene."[134][135]
On 4 September, Hermer, alongside Solicitor General Sackman, visited Northern Ireland in their first visit to the region as law officers.[136] Hermer was called to the Bar of Northern Ireland in a traditional ceremony held at the Northern Ireland Bar, which he described as "hugely poignant".[136] He also met with Attorney General for Northern Ireland Brenda King and other officials.[136]
In May 2023, Hermer was amongst many lawyers who signed a Lawyers for Palestinian Human Rights letter addressed to Foreign SecretaryJames Cleverly, which called on the government to constructively participate in the International Court of Justice advisory opinion on the legal consequences of the actions of Israel in occupied Palestinian territory including East Jerusalem.[14]
In July 2023, Hermer stated that he believed that the "continued Israeli occupation of the West bank" was "unlawful, deeply damaging to the interests of Israel and wholly contrary to the values of tikkun olam" which Hermer grew up with and continued to be guided by.[2]
In October 2023, Hermer was amongst eight prominent Jewish lawyers, which included former Supreme Court President Lord Neuberger, who signed an open letter to call on Israel to follow international law in its response to the 7 October attacks.[137] Later that month, in an interview with LBC whilst speaking to Sangita Myska, he said that it was "impossible to conceive" how Israel's siege was "in compliance with international law".[138] He went on to say that "for a very long time" Israel has had "effective control" over the borders of Gaza, which he said was reliant on the "need to have electricity, water and food coming in"; and that the "cutting of that off" was "very, very difficult to reconcile with obligations of international law" and described that as a "deliberate understatement" from him.[138]
In January 2024, Hermer, along with his colleagues Helen Mountfield and Murray Hunt, criticised the illegality of the Rwanda bill in a podcast.[8] He described the debate around immigration and asylum in the country as "toxic", and also said that Mountfield, Hunt and he were "acutely conscious" that slogans such as "stop the boats" and "control our borders" were capable of being not only "distracting", but also "dehumanising".[139]
European Union
In an interview with the Times in April 2020, when asked what law he would enact, Hermer said it would be "the European Union (Please Can We Come Back?) Act 2020".[8] He went on to say that never had "international co-ordination and solidarity been more important."[140]
Donald Trump and torture
In 2016, Hermer was critical of U.S. President-electDonald Trump for Trump's previous comments regarding torture.[141] He suggested that the UK government could use its influence to convince Trump that his threatened return to the use of torture and inhumane treatment as a method of counter-terrorism "would be a disaster for all of us."[141]
Hermer called on Prime Minister Theresa May to be "emphatic" in her approach to Trump and torture.[141] He cited torture as being "morally repugnant" and "counter-productive", and said that the UK should make a "clear stand" on its position on torture.[141]
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