David Hope, Baron Hope of Craighead
Life Peerage | |
---|---|
Personal details | |
Born | James Arthur David Hope 27 June 1938 |
Nationality | British |
Political party | Crossbencher |
Spouse | Katharine Mary Kerr |
Residence | Edinburgh |
Alma mater | St John's College, Cambridge; University of Edinburgh |
Profession | Advocate |
Military service | |
Branch/service | British Army |
Years of service | 1957–59 |
Rank | Lieutenant |
Unit | Seaforth Highlanders |
James Arthur David Hope, Baron Hope of Craighead,
Early life
A descendant of
In 1966, Hope married Katharine Mary Kerr, daughter of solicitor Mark Kerr
Hope was admitted as an
The Bench and later public life
In 1989, Hope became a
In November 2014 it was announced that Lord Hope of Craighead would be appointed as Lord High Commissioner to the General Assembly of the Church of Scotland in 2015.[14]
Lord Hope of Craighead's Historical Archives
In November 2014, Lord Hope of Craighead donated to the National Library of Scotland 16 boxes containing 90 files spanning the period 1953 - 2014.[15] Access to all these documents is unrestricted. The Inventory references: 1-79 Professional Papers (1-46 Advocate’s Opinions, 1978-1989; 47-55 Dean of Faculty Notes and Draft Letters, 1986-1989; 56-78 Judicial Opinions, 1989-1994; 79 Financial Papers, 1965-1989); 80 Personal Papers, 1959-1962; 81-90 Ephemera, 1953-2014.[16] The first 46 items in the Inventory, Advocate’s Opinions, 1978-1989, were produced under legal professional privilege.
Diaries
Starting in 2018, Lord Hope of Craighead's diaries were published in five volumes. These are:
Senior Counsel 1978-1986: Lord Hope's Diaries Volume I[17]
Dean of Faculty 1986-1989: Lord Hope's Diaries Volume II[18]
Lord President 1989-1996: Lord Hope's Diaries Volume III[19]
House of Lords 1996-2009: Lord Hope's Diaries Volume IV[20]
UK Supreme Court. and Afterwards 2009-2015: Lord Hope's Diaries Volume V[21]
The works chronicled his life, experiences and rise to the top, from Senior Counsel to his retirement from the Supreme Court. They contain observations on his judicial colleagues and disclose information as to panel deliberations, as appears in the Controversies section below.
Controversies
1989: handling of homosexual judge scandal
On 22 December 1989 Lord Dervaird, a Scottish judge, resigned from the bench after a mere two years’ service.[22] On 17 January 1990 the press reported that three senior Scottish judges had been questioned by Lord Hope, the Lord President, as to their possible involvement in vice rings or homosexual behaviour.[23] This reportage arose because Lord Hope had called a meeting of newspaper editors at his Edinburgh home in which he detailed the rumours "unattributively" regarding three Court of Session judges (out of a then total of 24 judges).[24] This meeting caused the scandals to be "splashed across the front pages."[25] By December 2016 government papers covering these events had been declassified and were now available to the public. This resulted in human rights campaigner Peter Tatchell demanding an apology from Malcolm Rifkind, the former Scottish Secretary, for his actions in forcing Lord Dervaird from judicial office because of rumours of his being homosexual.[26] Dervaird’s sudden resignation followed almost immediately on a meeting between himself, Rifkind and Lord Hope. Margaret Thatcher, the then prime minister, was informed that Rifkind and Lord Hope considered that Dervaird should be asked to resign. It was this pressure to resign that was the subject of Peter Tatchell's complaint.
2011: accusations of xenophobia and implied breach of judicial oath against the Scottish judiciary
Lord Hope of Craighead, then deputy President of the UK Supreme Court, created a sensation in November 2011 by allegedly suggesting that Scottish Judges were clandestinely hostile to cases being reviewed on appeal to the Supreme Court in London.[27] He was reported by Lucy Adams of the Glasgow Herald as saying: "There is [in England and Wales] none of the feeling of antipathy towards cases being sent to London that lies just below the surface here in Scotland."[28] These words were subsequently described by Lord Hope of Craighead as misreported or not said at all, despite the journalist publicly offering a recording.[29] The version of the speech Lord Hope of Craighead approved for posting on the Supreme Court website does not include the contested wording.[30] He maintained in response a complete news blackout at a subsequent speech-giving in Glasgow a month later.[29]
This speech was also described as "an unprecedented counter-attack on the Scottish Government for its assault on the jurisdiction of the Supreme Court earlier this year."[31] The memorial lecture by Lord Hope of Craighead contains key passages as though hearsay from the mouth of the recently deceased Lord Rodger of Earlsferry either as from a private conversation (no public trace of the alleged views being known) or as Lord Hope of Craighead's anticipation of what Lord Rodger of Earlsferry would have said.[32]
2012, 2013: apparent bias on judicial selection panel: Baroness Hale of Richmond
Despite the serious professional differences and disparaging personal remarks regarding Baroness Hale of Richmond (see below under Lord Hope of Craighead's anti-women's agenda stance), Lord Hope of Craighead failed to recuse himself from selection panels for important judicial appointments (1) in 2012 for the position of President of the Supreme Court, and (2) in 2013 on Lord Hope of Craighead's own retirement for the position of Deputy President of the Supreme Court.[33] For each of these positions a small number of candidates were interviewed, including in both cases Baroness Hale of Richmond, who was a very senior justice whose appointment to the highest court dated from the pre-Supreme Court House of Lords. The UK Commission for Judicial Appointments did not make these specific appointments but in cases where they do appoint, they are obliged to "operate in a way that is fair and transparent."[34]
2019: Lord Hope of Craighead's anti-women's agenda stance
Long-standing fundamental differences of opinion and perspective with Supreme Court colleague Baroness Hale of Richmond, the first and at the time only female member of the Court, were revealed by Lord Hope of Craighead's diaries1996-2009 and following.[35] This provoked a "head on" response from Baroness Hale of Richmond in a major public lecture (at Girton College, Cambridge) in which she defended her view that women were equal to men, deserved the same rights and had a different perspective due to their different life experiences.[36] She responded to Lord Hope of Craighead's accusation of her having an "agenda": "So why is that ‘an agenda’? Quite simply, because we have not yet achieved the equality we seek in the law, let alone in life."[37] As at 2024 there has been no public apology from Lord Hope of Craighead, and no public rapprochement on this issue.
2020: allegations by Lord Hope of Craighead of judicial gerrymandering
Lord Hope of Craighead's diaries have been analysed by academic writer Lewis Graham. He highlights three incidents as described by the diary writer as together establishing a "deeply concerning" possibility and pattern of judges being included or excluded from hearing a case based on outcomes to be expected if they were to sit on specific important cases. Graham cites consideration by Hope of excluding Northern Irish Lord Kerr from a devolution case; successful lobbying, according to Lord Hope of Craighead, by Lord Hoffmann to exclude Baroness Hale of Richmond from a Jamaican death penalty appeal; and Lord Judge asking, according to Lord Hope of Craighead, to be included on a miscarriage of justice case in order to further his pre-existing views. Whilst accepting that the truth of Lord Hope of Craighead's account could be doubted, Graham observed that the mere possibility of it being correct "strikes at the heart of judicial neutrality and procedural fairness".[38]
2021: support for trade isolation of "genocidal" regimes
Lord Hope of Craighead was lauded by
2023: public stance against Scottish transgender legal changes
In January 2023 Lord Hope of Craighead was widely reported for spontaneously intervening publicly against proposals by the Scottish government to liberalise conditions for changes in the legal status of transgender people.[40][41] Asked about Lord Hope of Craighead's suggestion that legal challenge to a Westminster government veto would be a waste of money, Scottish First Minister Humza Yousaf stated that it was not a waste of money because he was "not prepared to accept a Westminster veto over legislation that was passed by a majority".[42]
2024: counterattack by senior judiciary on Lord Hope's Diaries
In 2024 the Society of Legal Scholars published the results of an academic investigation by way of semi-structured interviews given by 13 very senior judicial figures from across the United Kingdom, some attributed and some anonymously.[43] The actions of Lord Hope of Craighead in disclosing judicial panel deliberations was a focus of the study. The disclosures by Lord Hope of Craighead were widely condemned by the interviewees as a transgression due to breach of collegiality or loyalty to other judges, and as constituting inappropriate conduct from a former judge. Additionally, the publishing of confidential deliberations was widely seen as potentially threatening “ the procedural and institutional legitimacy of the court.”[44] Only one person, Lord Brown of Eaton-under-Heywood, regarded Lord Hope of Craighead's disclosures as defensible.[45]
2024: intervention against the Scottish Government position on hate law
Lord Hope of Craighead in April 2024 gave an interview to the Times criticising the Scottish Government’s new law in the Hate Crime and Public Order (Scotland) Act.[46] The Act was highly controversial.[47] The new law was introduced following independent review recommendations by Lord Bracadale.[48] The purpose of the Act was to criminalise stirring up hatred towards vulnerable people and towards minority groups within society. Police Scotland maintained they were not adversely impacted by coping with the change, and would not be diverted from attending to serious crime.[49] [50] Lord Hope of Craighead claimed that the police carried an extraordinary burden and were being deluged. He is reported as attacking the Act and claiming it should be repealed.[51][52] He is also reported as accusing the Scottish Government of gesture politics.[53] Angela Constance, the Scottish justice secretary, maintained that the Act was necessary.[54] [55] Lord Hope of Craighead had at the material time no responsibilities in respect of Police Scotland, or ongoing administration of justice in Scotland.
2024: intervention in party political strife in England over Rwanda deportation proposals
Prime Minister
Notable cases
As Deputy President of the Supreme Court
- R (E) v Jewish Free School[2009] UKSC 1 - discrimination in school admissions on religious grounds
- R (L) v Commissioner of Police of the Metropolis [2009] UKSC 3 - criminal records checks and right to respect for private and family life
- BA (Nigeria) v Secretary of State [2009] UKSC 7 - right of appeal against deportation orders
- Gisda Cyf v Barratt [2010] UKSC 41 - employment contracts as against general contracts
- Cadder v HM Advocate [2010] UKSC 43 - police detention of suspects
- HJ and HT v Home Secretary [2010] UKSC 31 - homosexuality in asylum claims
- 1267 Committee[62]
- Jones v Kaney [2011] UKSC 13 - immunity from suit of expert witnesses
- Scots criminal law
As Lord of Appeal in Ordinary
- R v Woollin [1999] 1 AC 82 - indirect intention
- Lubbe v Cape Plc[2000] 1 WLR 1545 - tortious liability of shareholders
- Bruton v London and Quadrant Housing Trust [2000] 1 AC 406 - rights of landlords and tenants
- White v White [2001] 1 AC 596 - distribution of property on divorce
- DGFT v First National Bank plc[2001] UKHL 52 - unfair contractual terms and the construction of unreviewable core terms
- Wilson v First County Trust Ltd (No 2)[2003] UKHL 40 - impact of the Consumer Credit Act 1974 on pawnshop dealers' human rights
- Campbell v Mirror Group Newspapers Ltd[2004] UKHL 22 - right to privacy and confidentiality
- Chester v Afshar [2004] UKHL 41 - patients' right to give fully informed consent
- Archibald v Fife Council [2004] UKHL 32 - reasonable adjustments for the disabled
- Jackson v Royal Bank of Scotland [2005] UKHL 3 - remoteness
- Re Spectrum Plus Ltd [2005] UKHL 41 - definition of "floating charge"
- Jackson v Attorney General[2005] UKHL 56 - fox hunting ban
- J & H Ritchie Ltd v Lloyd Ltd [2007] UKHL 9 - Sale of Goods Act 1979, section 35 and measure of damages for poor quality after repair
- Stack v Dowden [2007] UKHL 17 - beneficial interest in the family home on divorce
- The Achilleas[2008] UKHL 48 - remoteness
- Austin v Commissioner of Police of the Metropolis [2009] UKHL 5 - kettling of protestors
- Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 - influence of pre-contractual negotiations on construction
As Lord President
- Sharp v Thomson 1997 SC(HL) 66 - Scots property law
- West v Secretary of State for Scotland 1992 SC 385 - Scots judicial review
As Lord Justice General
- Jamieson v HM Advocate 1994 JC 88 - rape and consent
- Ross v HM Advocate1991 JC 210 - automatism
Honours and Arms
The Lord Hope of Craighead became
In 2007, he was awarded the David Kelbie Award by the Institute of Contemporary Scotland. He was formerly an Honorary Professor of Law at the University of Aberdeen, and is an honorary member of the Canadian Bar Association (1987) and of The Society of Legal Scholars (1991), an Honorary Fellow of the American College of Trial Lawyers (2000), and an Honorary Bencher of Gray's Inn (1989) and of the Inn of Court of Northern Ireland (1995). He was also, as of 2008, the Honorary President of the Edinburgh Student Law Review.[citation needed]
On
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References
- ^ "Lord Hope of Craighead". UK Parliament. Retrieved 9 October 2019.
- ^ https://www.adgm.com/adgm-courts/judges/lord-david-hope Retrieved 4 March 2024
- ^ https://members.parliament.uk/member/2004/registeredinterests Retrieved 4 March 2024
- ^ The Secret History of Our Streets, series 2, episode 1- The Moray Estate, Edinburgh, BBC, first broadcast 25 July 2014
- ^ . Retrieved 2 June 2009.
- ^ "No. 41216". The London Gazette (Supplement). 1 November 1957. p. 6400.
- ^ "No. 41798". The London Gazette (Supplement). 21 August 1959. p. 5357.
- ^ https://www.joh.cam.ac.uk/sites/default/files/Eagle/Eagle%20Chapters/Fellows%20&%20Members%27%20News/Fellows%27_&_Members%27_News_1990s.pdf Retrieved 17 March 2024
- ^ "No. 47612". The London Gazette. 8 August 1978. p. 9503.
- ^ "No. 53893". The London Gazette. 30 December 1994. p. 1.
- ^ "No. 53972". The London Gazette. 3 March 1995. p. 3449.
- ^ "No. 54543". The London Gazette. 4 October 1996. p. 13211.
- ^ "No. 59045". The London Gazette. 21 April 2009. p. 1.
- ^ "Queen Appoints senior judge as Lord High Commissioner to the General Assembly". Archived from the original on 11 January 2018. Retrieved 26 November 2014.
- ^ "Browse Resources: Papers, mostly professional, of David Hope, Lord Hope of Craighead, with related ephemera. | Archives and Manuscript Catalogue". manuscripts.nls.uk. Retrieved 17 March 2024.
- ^ https://digital.nls.uk/catalogues/guide-to-manuscript-collections/inventories/acc13568.pdf Retrieved 17 March 2024
- ^ ISBN 9781904968887 Published January 2018 Lord Hope (Avizandum Publishing) Scotland
- ^ ISBN 9781904968894 Published April 2018 Lord Hope (Avizandum Publishing) Scotland
- ^ ISBN 9781904968917 Published August 2018 Lord Hope (Avizandum Publishing) Scotland
- ^ ISBN 9781904968962 Published January 2019 Lord Hope (Avizandum Publishing) Scotland
- ^ ISBN13: 9781904968007 Published: December 2019 Lord Hope (Avizandum Publishing) Scotland
- ^ "Lord Dervaird quits Bench". The Herald. 23 December 1989. Retrieved 4 March 2024.
- ^ "Bench acts on rumours after Lord Dervaird quits Judges questioned on vice ring claims". The Herald. 18 January 1990. Retrieved 4 March 2024.
- ^ "Homosexual legal network suspected for years: Judges have been". The Independent. 11 September 1992. Retrieved 4 March 2024.
- ^ "Was Scottish legal scandal a smokescreen for child abuse?". 31 January 2023. Retrieved 14 March 2024.
- ^ https://www.scotsman.com/news/politics/apology-call-for-gay-scandal-that-ended-lord-dervairds-career-1459296 Retrieved 4 March 2024
- ^ The impact of Europe on Criminal Justice in Scotland: The role of the UK Supreme Court (The Lord Rodger of Earlsferry Memorial Lecture) 19 November 2011
- ^ "'Anti-English sentiment' is threat to legal reform, warns top judge". The Herald. 21 November 2011. Retrieved 3 March 2024.
- ^ a b "The Herald's chief reporter denies Lord Hope of Craighead's claims of being misquoted as he issues media blackout at event". The Drum. Retrieved 3 March 2024.
- ^ Court, The Supreme. "Speeches at the Supreme Court". www.supremecourt.uk. Retrieved 3 March 2024.
- ^ "'Anti-English sentiment' is threat to legal reform, warns top judge". The Herald. 21 November 2011. Retrieved 19 March 2024.
- ^ "For obvious reasons I do not wish to put my own views on record, but I can tell you what I think his views would have been." (page 23 of the speech.)
- ^ "An insider's account of the 'Brenda agenda' | Opinion | Law Gazette". web.archive.org. 3 February 2020. Retrieved 18 March 2024.
- ^ "About us". Judicial Appointments Commission. 22 May 2020. Retrieved 18 March 2024.
- ^ February 2020, Joshua Rozenberg3. "An insider's account of the 'Brenda agenda'". Law Gazette. Retrieved 17 March 2024.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ https://www.girton.cam.ac.uk/sites/default/files/2020-05/Transcript-Girton-Visitors-Anniversary-Lecture-2019.pdf
- ^ Girton Lecture at page 15
- ^ UKCLA (18 June 2020). "Lewis Graham: Lessons from Lord Hope's Diaries: judicial ideology and panel selection". UK Constitutional Law Association. Retrieved 14 March 2024.
- ^ Duncan Smith, Iain (14 January 2021). "The Government must do more to crack down on trade with China". Telegraph Media Group Limited.
- ^ "Gender row legal challenge likely to fail - judge". 18 January 2023. Retrieved 14 March 2024.
- ^ https://www.scotsman.com/news/politics/scottish-governments-chances-of-winning-gender-reform-legal-battle-very-low-former-supreme-court-judge-claims-3991488 Retrieved 14 March 2024
- ^ "Westminster to defend block on Scottish gender reform". 4 May 2023. Retrieved 14 March 2024.
- ^ Mallory, C. and Tyrrell, H., 2024. The Extrajudicial Voice. Legal Studies, 44(1), pp.1-20 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/3A343844D846982771084E4B4CA0850D/S0261387524000023a.pdf/the-extrajudicial-voice.pdf Retrieved 14 April 2024
- ^ At page 17, Mallory, C. and Tyrrell, H., 2024. The Extrajudicial Voice. Legal Studies, 44(1), pp.1-20
- ^ S Brown Second Helpings (London: Marble Hill, 2021) p 140 as cited at page 18 in Mallory, C. and Tyrrell, H., 2024. The Extrajudicial Voice. Legal Studies, 44(1), pp.1-20
- ISSN 0140-0460. Retrieved 15 April 2024.
- ISSN 0261-3077. Retrieved 15 April 2024.
- ^ "Hate Crime and Public Order (Scotland) Bill". www.parliament.scot. Retrieved 15 April 2024.
- )
- ^ "Hate crime law will not divert police away from serious crime – senior officer". Yahoo News. 11 April 2024. Retrieved 15 April 2024.
- ^ "Lord Hope calls for repeal of Hate Crime Act". Scottish Legal News. 10 April 2024. Retrieved 15 April 2024.
- ISSN 0307-1235. Retrieved 15 April 2024.
- ^ Connor, Mark (10 April 2024). "One of Scotland's top legal figures says hate crime bill should be abolished". Scottish Daily Express. Retrieved 15 April 2024.
- )
- ^ "Hate crime law will not divert police away from serious crime – senior officer". Yahoo News. 11 April 2024. Retrieved 15 April 2024.
- )
- ^ "Rwanda Bill: Government suffers fresh defeats in Lords". 16 April 2024. Retrieved 18 April 2024.
- ^ "Passions run high as Lords insist on Rwanda bill changes". 17 April 2024. Retrieved 18 April 2024.
- ^ "Rishi Sunak's Rwanda asylum bill suffers defeats in House of Lords". www.ft.com. Retrieved 18 April 2024.
- ^ "Sunak's Rwanda plan defeated in Lords again - forcing MPs to consider four changes". Sky News. Retrieved 18 April 2024.
- ^ https://twitter.com/BBCr4today/status/1780850213449539708 Retrieved 18 April 2024
- ^ supremecourt.uk: HM Treasury v Ahmad, etc Archived 4 March 2016 at the Wayback Machine, 27 January 2010
- ^ "Lord Smith of Kelvin appointed University of Strathclyde Chancellor" (Press release). University of Strathclyde. 3 May 2013. Archived from the original on 4 May 2013. Retrieved 10 May 2013.
- ^ "No. 59258". The London Gazette. 1 December 2009. p. 20801.
- Royal Household of the United Kingdom. 29 November 2009. Retrieved 1 December 2009.
- ^ "Coronation order of service in full". BBC News. Retrieved 6 May 2023.
- ^ Debrett's Peerage. 2019. p. 3059.
External links
- Media related to David Hope at Wikimedia Commons