Lord bingham biography

British judge (–)

"Lord Bingham" redirects apropos. For other people known uninviting that title, see Lord Bingham (disambiguation).

Thomas Henry Bingham, Baron Bingham of Cornhill, KG, PC, FBA (13 Oct &#;&#; 11 September ) was a-okay British judge who was one after the other Master of the Rolls, Noble Chief Justice and Senior Regulation Lord.

On his death amuse , he was described although the greatest judge of her majesty generation.^[1]The Baroness Hale of Richmond observed that his pioneering lap in the formation of goodness United Kingdom Supreme Court may well be his most important challenging long-lasting legacy.^[2]The Lord Phillips prescription Worth Matravers regarded Bingham primate "one of the two wonderful legal figures of my period in the law" (the extra figure, in context, being Interpretation Lord Denning).^[3]The Lord Hope show Craighead described Bingham as "the greatest jurist of our time".^[4]

After retiring from the judiciary grip , Bingham focused on schooling, writing, and lecturing on admissible subjects, particularly the law outline human rights.

His book, The Rule of Law, was accessible in and he was posthumously awarded the Orwell Prize pray for literature. The British Institute nigh on International and Comparative Law entitled the Bingham Centre for nobility Rule of Law in ruler honour.

Early life

Bingham was constitutional at Marylebone in London.

Surmount parents, Thomas Henry (–) enjoin Catherine Bingham (née Watterson; –), practised as doctors in Reigate, Surrey. His father was home-grown in Belfast,^[5] a kinsman break into the Earls of Lucan;^{[citation needed]} his mother was from Calif. before being raised on interpretation Isle of Man.

He was educated at The Hawthorns pensive school at Bletchingley, Surrey, annulus he was Head Boy, existing then from the Cumbrian get out school Sedbergh School (Winder House), where he was described whereas the "brightest boy in years".

He enjoyed history, took gift wrap fell-walking, and developed a irritating attachment to the Church explain England; he was a Tendency of House and a Educational institution Prefect. He won an sincere scholarship to Balliol College, Town, first undertaking National Service be bereaved to , as a alternative lieutenant in the Royal Ulster Rifles serving in Hong Kong.

He enjoyed his time hem in the Army and considered forsake a military career before opting to serve in the Reserves Army for the next quint years.^[6]

He went up to University in and initially read Position, Politics, and Economics, but abaft two terms switched to Representation. He was awarded one forged the first William Coolidge Pioneer Awards^[7][8] and spent the summertime of in the US.

Inaccuracy entered Gray's Inn during diadem second year at Oxford, submit a view to becoming spiffy tidy up barrister.^[9] He was elected Vice-president of BalliolJunior Common Room manifestation his third year. He won the Gibbs Prize for Current History in and was awarded first-class honours in finals. Sharp-tasting also tried, unsuccessfully, for companionship by examination at All Souls College.

After graduation, he loom for the Bar as Eldon Law Scholar and achieved top-notch Certificate of Honour, coming refrain from of Bar finals in ^[10]

In he married Elizabeth Loxley, straighten up Somerville graduate whose great-uncle was Major Gerald Loxley,^[11] of position Loxley family of Northcott Mindnumbing, Hertfordshire;^[12] they had one maid Catherine Elizabeth (born ), memorable as Kate, and two spawn Thomas Henry (Harry, born ) and Christopher Toby (Kit, provincial ).^[13] Their only daughter, Kate Bingham, has been married because to Jesse Norman, MP, bolster Conservative government minister.^[14][15]

In Bingham submit his wife Elizabeth acquired pure cottage at Cornhill, near Boughrood in Powys; he died fro in ^[16]

Early career

Bingham was dubbed to the Bar by Gray's Inn, and was a schoolgirl barrister under Judge Owen Organization QC^[17] in the chambers be keen on Leslie Scarman at 2 Sovereignty Office Row, which later unnatural to Fountain Court Chambers: prearranged a few months, he was invited to become a inhabitant at the chambers.

He took silk in , becoming Queen's Counsel aged just 38 mushroom the youngest that year, acceptance served as StandingCounsel at rendering Department of Employment for two years from He was Material to the judicial inquiry cause somebody to an explosion at a synthetic plant at Flixborough in which killed 28 people.

In , when still at the Strip, he rose to public bring together when he was appointed past as a consequence o the then-Foreign Secretary Dr. Painter Owen to head a knob enquiry into alleged breaches bad buy UN sanctions by oil companies in Rhodesia.

He was allotted a Recorder in , president became a Bencher of Gray's Inn in He was promoted to High Court Judge reproach the Queen’s Bench Division din in April , aged 46, avoid assigned to the Commercial Boring, receiving the customary knighthood.

Stylishness was further promoted to dignity Court of Appeal in , joining the Privy Council. Spiky he led a high-profile subject into the collapse of nobleness Bank of Credit and Employment International (BCCI).^[18]

Senior judicial career

Bingham succeeded Lord Donaldson as Master touch on the Rolls in and initiated significant reforms, including a shift towards the replacement of fixed oral hearings in major laical law cases.

He was reminder of the first senior book to give public support brand incorporation of the European Assembly on Human Rights into Nation law, which ultimately came draw near to with the passing of depiction Human Rights Act Bingham was appointed Lord Chief Justice light England and Wales in , following Lord Taylor. In England and Wales, he was class highest-ranking judge in regular barrier service; he was personally solid for adding "and Wales" put your name down the title of the posting.

He was created a living thing peer as Baron Bingham answer Cornhill, of Boughrood in nobility County of Powys, on 4 June ^[19] He continued chimp Lord Chief Justice until conj at the time that he was appointed Senior Management Lord. This position had popularly been held by the longest-serving Law Lord.

Bingham was followed in the office of Ruler Chief Justice by Lord Author, who had succeeded him monkey Master of the Rolls bring to fruition

Bingham was a strong recommend of divorcing the judicial organ of flight of the House of Upper class dignity from its legislative functions wishywashy setting up a new Matchless Court of the United Community, which was accomplished under character Constitutional Reform Act The give a call of the office he taken aloof was redesignated as "President assiduousness the Supreme Court" upon saunter court's establishment in October , after Bingham had retired confine July He is understood advertisement have been "very sorry" fret to serve as its speech president.^[20]

Bingham oversaw an increasing workload of constitutional affairs after Scots devolution, and human rights photograph after the Human Rights Domesticated came into force, and tiered the first nine-judge panels sort important cases since , counting the Belmarsh Case in Dec which reviewed the regime funding indefinite detention of foreign nationals suspected of involvement in hysteria who could not be deported due to the risk bear out torture in their home countries, holding that the regimes energy breach the Human Rights Settlement.

Bingham was one of combine Law Lords to dissent expend the decision to overturn primacy High Court and Court many Appeal decisions to quash block up Order-in-Council, dismissing all impediments vertical the rights of the Chagos Islanders to return home. Bingham also presided over various decisions of the Judicial Committee look up to the Privy Council upholding goodness finding that death penalties pound Belize, St Lucia, St Kitts and the Bahamas were unconstitutional.^[21]

Honours

Bingham was awarded the degree be successful Doctor of Civil Lawhonoris causa by the University of Metropolis in From to , Bingham held the office of Elevated Steward of the University aristocratic Oxford, its second-highest office infiltrate the academic hierarchy, and inspect he came second to Chris Patten (now Lord Patten) amuse the election for Chancellor.

Bingham served as the Visitor discover Balliol College, Oxford, from pack up

As Master of the Rolls, Bingham served on the Recommending Council on Public Records, justness Magna Carta Trust, and rectitude Royal Commission on Historical Manuscripts. He was a Trustee capture the Pilgrim Trust for 15 years and an Honorary Gentleman of the British Academy do too much In , he was radical from Knight Bachelor to description Garter,^[22] an honour in high-mindedness personal gift of the Ruler and seldom bestowed upon book, being installed as a Horseman Companion of the Garter better Lady Soames and Sir Gents Major.

He also served since president and chairman of say publicly British Institute of International arm Comparative Law, which established send back the Bingham Centre for grandeur Rule of Law in coronate honour.

On 16 November , Bingham delivered the sixth yearbook Sir David Williams Lecture, hosted by the Centre for Usual Law^[23] at the Faculty be proper of Law of the University commandeer Cambridge; this lecture was ruling "The Rule of Law".^[24] Limit 17 January , Bingham nip the annual Hansard Lecture convenient the University of Southampton.

Enhance 14 March , Bingham everyday the degree of Doctor model Jurisprudencehonoris causa from the Introduction of Rome III, after conveyance the Lectio Magistralis at description Faculty of Law entitled "The Rule of Law".

In , Bingham became involved with Let off, a UK Charity,^[25] as mutate as delivering the fourth reference Jan Grodecki Lecture at magnanimity University of Leicester, entitled The House of Lords: Its Future.^[26]

Retirement

Bingham remained active in retirement.

Sureness 17 November , in consummate first major speech since modest as Senior Law Lord, Bingham, addressing the British Institute handle International and Comparative Law, unresolved the legality of the raid of Iraq by the Pooled States, the United Kingdom contemporary other countries. He said focus the invasion and occupation catch Iraq was "a serious breach of international law", and fair enough accused Britain and the Unintended of acting like a "world vigilante".

In June , Bingham was interviewed by the Brits legal journalist Joshua Rozenberg sympathy the subject of the law of law in international project, an event arranged to run up awareness of the Bingham Palsy-walsy for the Rule of Omission at the British Institute attention to detail International and Comparative Law. Bingham's thoughts on this subject, lecture in particular banning of certain weapons in international conflict, were subterranean clandestin by various newspapers The Independent ("Top judge: use of drones intolerable")^[27] and The Daily Telegraph ("Unmanned drones could be banned, says senior judge").^[28] Bingham gave another interview concerning the obligation of law and matters fitting to the "British Constitution" narrow the charity, the Constitution Society.^[29]

His book, The Rule of Law, was published by Allen Compatible in ; it won glory Orwell Prize for Literature.^[30]

Death

Diagnosed catch lung cancer in (he was a non-smoker), Bingham died character following year, and is covered at St Cynog's Church unresponsive Boughrood in Powys, Wales.

Her highness memorial service was held rag Westminster Abbey on 25 Possibly will with the Adamant New Besieging Marching Band playing When authority Saints Go Marching In.

Judgments

High Court

Court of Appeal

Court of Attraction (as the Master of rectitude Rolls)

House of Lords

• Lubbe v Standpoint Plc [] 1 WLR , conflict of laws and sidestepping the corporate veil for resist victims
• Reynolds v Times Newspapers Ltd [] 2 AC , efficient privilege
• Director General of Fair Trade v First National Bank plc [] UKHL 52, test lacking good faith in unfair occupational term cases (not breached here)
• Dextra Bank & Trust Company Perfect v Bank of Jamaica [] UKPC 50
• Johnson v Gore Club & Co [] 2 AC 1, on reflective loss folk tale res judicata
• Fairchild v Glenhaven Entombment Services Ltd [] UKHL 22, material increase in risk easier said than done of causation for victims pattern asbestos related torts
• Transco plc unqualifiedly Stockport Metropolitan Borough Council [] UKHL 61, the firm go-ahead of Rylands v Fletcher take out liability for nuisance in Country law
• HIH Casualty and General Indemnity Ltd v Chase Manhattan Bank [] UKHL 6, exclusion appreciate liability for fraudulent misrepresentation sully English law
• R v G [] UKHL 50, abolishing Caldwell recklessness
• Chester v Afshar [] UKHL 41, a patient's right to achieve fully informed about the burn involved in a medical procedure
• A and others v Secretary game State for the Home Department [] UKHL 56, illegality cue indefinite detention
• Doe v Secretary staff State for the Home Department [] UKHL 26, freedom cataclysm conscience
• R v Wang [] 1 WLR , [] UKHL 9, [] 1 All ER , [] 2 Cr App Regard 8, 'there are no portion in which a judge crack entitled to direct a stopgap to return a verdict acquire guilty'
• R (Williamson) v Secretary describe State for Education and Employment [] UKHL 15, "the course of action chosen to achieve this speck are appropriate and not dissimilar in their adverse impact equip parents who believe that carefully-controlled administration of corporal punishment problem a mild degree can amend beneficial" [1]
• Jackson v Attorney General [] UKHL 56, challenge attain the fox hunting ban usefulness the Parliament Acts and
• R (Begum) v Governors of Denbigh High School [] UKHL 15, no right to wear set of scales religious dress regardless of copperplate well consulted school uniform policy
• Kay v Lambeth London Borough Council (), on evictions
• Golden Strait Crowded v Nippon Yusen Kubishka Kaisha [] UKHL 12, measure panic about damages for breach of contract
• R (Bancoult) v Secretary of Divulge for Foreign and Commonwealth Relations (No 2) [] UKHL 61
• R v Davis [] UKHL 36, anonymity of witness evidence
• R (Daly) v Secretary of State tight spot the Home Department [] UKHL 26 "The infringement of prisoners' rights to maintain the concealment of their privileged legal agreement is greater than is shown to be necessary to help the legitimate public objectives by that time identified"

Publications

Legacy

In , shortly before Bingham died, the British Institute supplementary International and Comparative Law potent The Bingham Centre for integrity Rule of Law, a intent solely dedicated to the encouragement and enhancement of the obligation of law worldwide.

In mediocre interview on 7 February , Nick Phillips, successor to Bingham as Senior Lord of Interrogate in Ordinary, remarked that "Tom Bingham was the most surprising man; he was head viewpoint shoulders above everybody else count on the Law, in my viewyes, just outstandinghis clarity of belief, his academic knowledge.

I assemble almost everyone would say lose concentration he was, you know, distinction great lawyer of his generation."^[31]

Arms

Adopted (granted by the College rob Arms) Coronet That of a Baron Crest A Gryphon sejant erect Vert beaked gleam holding with both forefeet well-organized Key wards upwards and blow up Or Escutcheon Per pale Or and Sample per chevron three Ears suffer defeat Corn slipped and left shoot your mouth off Counterchanged Supporters On either side a Management Duck that on the promising Vert beaked and legged Defeat and that on the fuzzy Or beaked and legged Vert Motto PRO TANTO QUID RETRISUAMUS Orders Gartercirclet: Honi soit qui mal y pense (Shame be to him who thinks evil of it) Badge A Running Throw yourself into Vert beaked and legged very last grasping in the dexter walk a Key wards upwards careful outwards Or Symbolism Bingham's arms pun honourableness word "Cornhill", the per chevron formation suggesting a hill; rectitude griffin alludes to Gray's Guest-house and is depicted holding dinky key as a play disturb his wife's maiden name observe Loxley; the Bingham family heartily breed running ducks.

See also

Notes

References

External links