Kenneth Diplock, Baron Diplock
Lord Justice of Appeal | |
---|---|
In office 1961 – 30 September 1968 | |
Justice of the High Court | |
In office 1956–1961 | |
Personal details | |
Born | William John Kenneth Diplock 8 December 1907 |
Died | 14 October 1985 | (aged 77)
William John Kenneth Diplock, Baron Diplock,
Early life and legal career
Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929.[1] He was Secretary of the Oxford Union for a term in 1929. He later become an honorary fellow of University College in 1958.[2]
Diplock was
Returning to the bar in 1945, Diplock was made a King's Counsel in 1948, at the early age of 41. He acquired a large practice in commercial work and in advisory work for Commonwealth governments. He was Recorder of Oxford from 1951 to 1956.
Judicial career
This section needs additional citations for verification. (January 2023) |
In 1956, Diplock was appointed to the
He became a
He became the
As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against
In September 1985, Lord Diplock sat as a judge for the last time, in a special sitting of the Judicial Committee of the Privy Council during the Long Vacation for an urgent civil case from Trinidad and Tobago. Severely ill from emphysema, Diplock came to court from the hospital in a wheelchair and with an oxygen cylinder.
At the time of his death, Lord Diplock was the longest serving law lord as well as the last serving superior judge to not be covered the mandatory retirement age of 75 introduced by the Judicial Pensions Act 1959.[3]
Personal life
He married Margaret Sarah Atcheson in 1938; they had no children.[5][1]
Contributions to legal thought
He made many contributions to legal thought and pushed the law in new and unique directions, not least UK courts without juries ('
Examples include Council of Civil Service Unions v Minister for the Civil Service [1984] UKHL 9 or R (National Federation of Self-Employed and Small Businesses Ltd) v Inland Revenue Commissioners [1982] A.C. 617, on grounds of review and locus standi respectively.
He also made important contributions to contract law.[3]
The current typology of grounds for judicial review is owing to Lord Diplock.
- Procedural impropriety[9]
- Nemo judex (Bias rule)[10]
- Audi alteram partem (Hearing rule)[11]
- Illegality[12]
- Ultra vires
- Simple ultra vires
- Extended ultra vires
- Procedural ultra vires
- Fettering
- Irrationality[12]
- Wednesbury irrationality
- Lack of proportionality
- Innominate Terms[13]
- Primary and Secondary Obligations[14]
Notable judgments
High Court
- Silkin v Beaverbrook Newspapers Ltd [1958] 1 WLR 743
Court of Appeal
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26
- Boulting v Association of Cinematograph, Television and Allied Technicians [1963] 2 QB 606
- BBC v Johns [1965] Ch 32
- Letang v Cooper [1965] 1 QB 232
- United Dominions Trust Ltd v Kirkwood [1966] 2 QB 431
- R v Mowatt [1968] 1 QB 421
House of Lords
- Pettitt v Pettitt [1970] AC 777
- Dorset Yacht Co Ltd v Home Office [1970] AC 1004
- Gissing v Gissing [1971] AC 886
- Re Vandervell Trustees Ltd [1971] AC 912
- American Cyanamid Co v Ethicon Ltd [1975] AC 396
- Ayerst (Inspector of Taxes) v C&K (Construction) Ltd [1976] AC 167
- Town Investments v Department of the Environment [1978] AC 359
- DPP v Stonehouse [1978] AC 55, 68
- Erven Warnink BV v J Townend & Sons (Hull) Ltd [1979] AC 731
- Gibson v Manchester City Council [1979] 1 WLR 294
- Whitehouse v Lemon; Whitehouse v Gay News Ltd [1979] 2 WLR 281
- IRC v Burmah Oil Co. Ltd 1982 SC (HL) 114
- Catnic Components Ltd v Hill & Smith Ltd [1982] RPC 183
- Universe Tankships Inc. of Monrovia v. International Transport Workers' Federation[1983] 1 AC 366
- R v Miller [1983] 2 AC 161
- Cheall v APEX [1983] 2 AC 180
- O'Reilly v Mackman [1983] 2 AC 237
- R v Sullivan [1984] AC 156
- Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
- Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd [1986] AC 207
- R v Lawrence [1982] AC 510
Judicial Committee of the Privy Council
- Ong Ah Chuan v Public Prosecutor [1981] AC 648
- Mitchell v DPP [1986] AC 73
- Haw Tua Tau v. Public Prosecutor[1981] UKPC 23
Arms
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See also
- Judicial review in English law
- Air New Zealand Flight 901
References
- ^ doi:10.1093/ref:odnb/31031. Retrieved 23 September 2020. (Subscription or UK public library membershiprequired.)
- ^ ISBN 978-0-521-12467-6.
- ^ .
- ^ "No. 44687". The London Gazette. 1 October 1968. p. 10537.
- ISBN 978-0-19-954089-1. Retrieved 23 September 2020.
- ^ Report of the Commission to Consider Legal Procedures to deal with Terrorist Activities in Northern Ireland (Cmmd. 5185); full text of the Diplock Report
- ^ "Jones & Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523 (1983)" (PDF).
- ^ "General Electric Co. v. MV Nedlloyd".
- ^ Woolf, Harry (1986). "The Role of the English Judiciary in Developing Public Law". William and Mary Law Review. 27 (4): 675.
- .
- JSTOR 1095955.
- ^ .
- ^ The Hong Kong Fir [1961] EWCA Civ 7
- ^ Moschi v. Lep AirServices Ltd. [1973] A.C. 331 per Lord Diplock, confirmed in Photo Production Ltd. v Securior Transport Ltd. [1980] UKHL 2 at [5] per Lord Wilberforce
- ^ Baz Manning. Middle Temple Armory.