Lennie Hoffmann, Baron Hoffmann
Lord of Appeal in Ordinary | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| In office 21 February 1995 – 21 April 2009 | |||||||||
| Succeeded by | The Lord Collins of Mapesbury | ||||||||
| Non-Permanent Judge of the Court of Final Appeal of Hong Kong | |||||||||
| Assumed office 12 January 1998 | |||||||||
| Appointed by | Tung Chee-hwa | ||||||||
| Personal details | |||||||||
| Born | Leonard Hubert Hoffmann 8 May 1934 Cape Town, Union of South Africa | ||||||||
| Nationality | British | ||||||||
| Spouse(s) | Gillian, Lady Hoffmann | ||||||||
| Children | 2 | ||||||||
| Alma mater | |||||||||
| Occupation | Jurist | ||||||||
| Chinese name | |||||||||
| Chinese | 賀輔明 | ||||||||
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Leonard Hubert "Lennie"
Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on
Early life
Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm,
Education
He was educated at the
Between 1961 and 1973, he was Stowell Civil Law Fellow at University College, Oxford, where he is an Honorary Fellow.[citation needed]
Legal career
In 1963, he published the first edition of The South African Law of Evidence, a work which became the standard text and which has since been published in four editions. After being
Judicial career
He was appointed to the Courts of Appeal of Jersey and Guernsey on 20 November 1980[6] and stayed in office until 1985 and was appointed to the High Court of Justice, Chancery Division from 1985 to 1992. On 23 July 1985, he was knighted upon his appointment, as is customary for High Court judges.[7]
He was subsequently appointed to be a
He retired as a Law Lord on 20 April 2009
Hong Kong Court of Final Appeal
Hoffmann has been a Non-Permanent Judge of the
In 2014 he was awarded the Gold Bauhinia Star by the Chief Executive of Hong Kong.[14]
Links with Amnesty International
Hoffmann's failure to declare his links with
Family
Leonard and Gillian Hoffmann have two daughters and two grandchildren.[2]
Opinions in terrorism cases
Hoffmann was involved in three important judgments of the House of Lords concerning terrorism: Secretary of State for the Home Department v Rehman [2001] UKHL 47; A v Secretary of State for the Home Department [2004] UKHL 56; and A v. Secretary of State for the Home Department [2005] UKHL 71. In Rehman, at para 62, he wrote:
Postscript. I wrote this speech some three months before the recent events in New York and Washington. They are a reminder that in matters of national security, the cost of failure can be high. This seems to me to underline the need for the judicial arm of government to respect the decisions of ministers of the Crown on the question of whether support for terrorist activities in a foreign country constitutes a threat to national security. It is not only that the executive has access to special information and expertise in these matters. It is also that such decisions, with serious potential results for the community, require a legitimacy which can be conferred only by entrusting them to persons responsible to the community through the democratic process. If the people are to accept the consequences of such decisions, they must be made by persons whom the people have elected and whom they can remove.
It appeared that he was willing to defer to the executive in matters concerning national security in the fairly long tradition of English judges deferring to the executive in such matters, including
The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these. That is the true measure of what terrorism may achieve. It is for Parliament to decide whether to give the terrorists such a victory.
In A v. Secretary of State for the Home Department [2005] UKHL 71, Hoffmann said:
The use of torture is dishonourable. It corrupts and degrades the state which uses it and the legal system which accepts it.
Notable judgments
- Re Augustus Barnett & Son Ltd [1986] BCLC 170
- Improver v Remington[1990] FSR 181
- English trusts law concerning the duty of carewhen a trustee is making an investment; Hoffmann's decision supported on appeal
- UK company lawconcerning a director's duty to act for proper purposes of the company.
- Re D'Jan of London Ltd [1994] 1 BCLC 561, [1993] BCC 646
- William Sindall plc v Cambridgeshire County Council[1994] 1 WLR 1016
- Re Saul D Harrison & Sons plc [1995] 1 BCLC 14, [1994] BCC 475
- Biogen Inc v Medeva plc [1997] RPC 1 [1996] UKHL 18
- South Australia Asset Management Corp v York Montague Ltd [1996] UKHL 10, [1997] AC 191
- Co-operative Insurance Society Ltd v Argyll Stores[1997] UKHL 17
- Investors Compensation Scheme Ltd v West Bromwich Building Society [1997] UKHL 28
- Banque Financiere de la Cite v Parc (Battersea) Ltd[1998] UKHL 7
- O'Neill v Phillips [1999] UKHL 24, [1999] 1 WLR 1092
- Bruton v London & Quadrant Housing Trust[2000] 1 AC 406
- Secretary of State for the Home Department v. Rehman [2001] UKHL 47
- Standard Chartered Bank v Pakistan National Shipping Corp [2003] 1 AC 959
- Kirin-Amgen v Hoechst Marion Roussel [2004] UKHL 46
- A v Secretary of State for the Home Department [2004] UKHL 56
- A v Secretary of State for the Home Department [2005] UKHL 71
- OBG Ltd v Allan [2007] UKHL 21, [2008] 1 AC 1, [2007] 2 WLR 920
- The Achilleas[2008] UKHL 48
- Attorney General of Belize v Belize Telecom Ltd [2009] UKPC 10
Publications
A selection of his extra-judicial writings:
- "Anthropomorphic justice: The reasonable man and his friends" (2010) 29(2) The Law Teacher 127
- "Language and Lawyers" [2018] 134 Law Quarterly Review 553
References
- ^ Sengupta, Kim (18 December 1998). "How Hoffmann's halo slipped". The Independent.
- ^ a b c "Lord Hoffmann: A conservative liberal". BBC News. Retrieved 5 April 2018.
- ^ "Birthdays today". The Telegraph. 8 May 2013. Archived from the original on 8 May 2013. Retrieved 28 April 2014.
Lord Hoffmann, a former Lord of Appeal in Ordinary, 79
- ^ "Vinerian Scholars Gather in Oxford". Oxford Law Faculty. 13 November 2015. Retrieved 23 May 2020.
- ^ "No. 47201". The London Gazette. 21 April 1977. p. 5339.
- ^ "No. 48384". The London Gazette. 28 November 1980. p. 16525.
- ^ "No. 50221". The London Gazette. 6 August 1985. p. 10815.
- ^ "No. 53070". The London Gazette (Supplement). 7 October 1992. p. 16751.
- ^ "No. 53965". The London Gazette. 24 February 1995. p. 3079.
- ^ "No. 23737". The Edinburgh Gazette. 24 February 1995. p. 423.
- ^ Appointment of two Lords of Appeal in Ordinary, Wednesday, 8 April 2009 Archived 15 April 2009 at the Wayback Machine
- ^ "Hoffmann". qmul.ac.uk. Retrieved 29 January 2018.
- ^ "Hong Kong Court of Final Appeal - The Non-Permanent Judges - The Right Honourable The Lord HOFFMANN, GBS". www.hkcfa.hk. Retrieved 3 June 2016.
- ^ "Civil And Miscellaneous Lists : Recipients of Hong Kong Special Administrative Region Honours and Awards Grand Bauhinia Medal (G.B.M.)". www.info.gov.hk. Retrieved 3 June 2016.
- ^ "A look at Lord Hoffmann". BBC News. 17 December 1998.
External links
- Universality of Human Rights, Hoffmann's lecture, 2009
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