Sydney Templeman, Baron Templeman

Source: Wikipedia, the free encyclopedia.
Lord Justice of Appeal
In office
1978–1982
Justice of the High Court
In office
1972–1978
Personal details
Born
Sydney William Templeman

(1920-03-03)3 March 1920
Died4 June 2014(2014-06-04) (aged 94)
NationalityBritish
Spouses
  • Margaret Joan Rowles
    (m. 1946; died 1988)
  • Sheila Barton Edworthy
    (m. 1996; died 2008)
RelationsAnthony Templeman
ResidenceExeter
Alma materSt John's College, Cambridge
ProfessionBarrister

Sydney William Templeman, Baron Templeman,

Lord of Appeal in Ordinary
from 1982 to 1995.

Early life and career

Templeman was born on 3 March 1920, the son of Herbert William Templeman (a

Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service.[1]

After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the

Anisminic v Foreign Compensation Commission
in which he was counsel for the respondents, the Foreign Compensation Commission.

Templeman became a member of the

Queen's Counsel in 1964. He was elected a Bencher of the Middle Temple in 1969. He was Attorney-General of the Duchy of Lancaster
between 1970 and 1972.

Judicial career

Templeman was appointed to the

first instance in EMI Limited v Pandit [1975] 1 All ER 418, he granted the first Anton Piller order
in English legal history.

On 30 September 1982, Templeman was made a

Lord Templeman made significant contributions to English law during his time as a judge, both within and outside his specialist field of tax law and intellectual property law. He gave leading speeches upholding orthodox doctrine against calls for reform in the important land law cases of Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386 and Rhone v Stephens [1994] 2 AC 310. [clarification needed][citation needed] He also sponsored the Land Registration Act 1988, which led to the land register of England and Wales being open to the public for the first time in 1990. [citation needed]

Revenue cases

Templeman is famous for paving the way for later judges to combat

Ramsay Principle in the Ramsay case. Ironically, during his time at the bar he had been active in advising on tax mitigation schemes for his clients, although this may have helped formulate his later views on the bench.[1]

Social views

Templeman also handed down a number of judgments which were very socially conservative. In

contraceptives by a physician (thus necessitating parental consent to obtain prescription contraceptives).[4]

Other significant cases, in which Lord Templeman appeared, were the Spycatcher case (relating to the duty of confidentiality and the Official Secrecy Act)[5] and dismissing the claims of the mother of Jacqueline Hill, the last victim of the Peter Sutcliffe (the "Yorkshire Ripper"), against the police for failing to apprehend the killer before he murdered her.[6][7]

Judicial style

During his time on the bench, Lord Templeman was known to be short with counsel who persisted with a line of argument after he had made up his mind, which earned him the affectionate sobriquet, "Syd Vicious".[1]

Lord Templeman was also renowned for his colourful language. In Borden (UK) Ltd v Scottish Timber Products Ltd [1979] 3 WLR 672 at 686 he remarked:

"At some distant date, when the court has unearthed the unearthable, traced the untraceable and calculated the incalculable, there will emerge the sum, which it is said belongs to the plaintiffs in equity. This sum, which is immune from the claims of Crown and mortgagee, debenture holder and creditor, a sum secured to the plaintiffs by a simple retention of title clause, which referred only to resin but was pregnant with all the consequences alleged in the statement of claim and hidden from the gaze of all other persons who dealt with the defendants."

When he expressed judicial opinions - either on legal or social issues - he often did so in strident tones. In

A-G for Hong Kong v Reid [1993] UKPC 36, he referred to bribery as an "evil practice which threatens the foundations of any civilised society". In Hazell v Hammersmith and Fulham LBC [1992] 2 AC 1 when counsel tried to rely upon the decision in Sutton's Hospital Case
(1612) 10 Co Rep 1 he said: "This argument strikes me as being not so much arcane as absurd."

However, he was also capable of striking a deeply compassionate note. Whilst dismissing the claim of Anita Hill's mother for the murder of her daughter, he said: "The appellant, Mrs. Hill, is tormented with the unshakeable belief that her daughter would be alive today if the respondent the West Yorkshire police force had been more efficient. That belief is entitled to respect and understanding. Damages cannot compensate for the brutal extinction of a young life."[8]

Personal

Templeman was an active

freemason.[9]

Family

Lord Templeman had two sons, Peter (a Church of England vicar) and Michael (a barrister).

Death

Lord Templeman died on 4 June 2014.[10]

Arms

Coat of arms of Sydney Templeman, Baron Templeman
Crest
An eagle Or, beaked and legged and wings displayed Gules, gorged with a coronet its finials of roses also Gules, and supporting by the dexter claw a kukri erect with the point of the blade outwards Proper.
Escutcheon
Per pale Azure and Gules a fess raguly between a lion passant in chief and in base a fleur-de-lys bourgeonny Gold.
Supporters
Dexter a cock pheasant, sinister a hen pheasant. Both guardant and in the beak of each a grain of wheat Proper. [11]

Notable cases

References

  1. ^ a b c "Lord Templeman – obituary". The Daily Telegraph. 11 June 2014.
  2. ^ "No. 45838". The London Gazette. 28 November 1972. p. 14103.
  3. ^ "No. 49131". The London Gazette. 6 October 1982. p. 12953.
  4. .
  5. ^ Attorney General v Guardian Newspapers Ltd (No 2) [1988] UKHL 6
  6. ^ Hill v Chief Constable of West Yorkshire [1987] UKHL 12
  7. ^ "Obituary - Sydney Templeman". The Independent. 19 June 2014. Archived from the original on 26 May 2022.
  8. ^ Hill v Chief Constable of West Yorkshire [1989] AC 53 at 64C.
  9. ^ "Power of the Masons - Myth of Menace?". Sunday People. 13 July 1986.
  10. ^ "Lord Templeman – obituary". Telegraph. Retrieved 12 June 2014.
  11. ^ Debrett's Peerage & Baronetage. 2000.
  12. ^ hrcr.org: "Mandla and another v Dowell Lee and another – HOUSE OF LORDS" [1983] 2 AC 548, [1983] 1 All ER 1062, [1983] 2 WLR 620, [1983] IC R 385, [1983] IRLR 209, (46 MLR 759, 100 LQR 120, [1984] CLJ 219)