The Lord Hope of Craighead | |
---|---|
Convenor of the Crossbench Peers | |
In office 28 September 2015 – September 2019 | |
Preceded by | The Lord Laming |
Succeeded by | The Lord Judge |
Deputy President of the Supreme Court of the United Kingdom | |
In office 1 October 2009 – 26 June 2013 | |
Nominated by | Jack Straw |
Appointed by | Elizabeth II |
President | The Lord Phillips of Worth Matravers |
Preceded by | Position created |
Succeeded by | The Baroness Hale of Richmond |
Second Senior Lord of Appeal in Ordinary | |
In office 21 April 2009 – 1 October 2009 | |
Preceded by | The Lord Hoffmann |
Succeeded by | Position abolished |
Lord of Appeal in Ordinary | |
In office 1 October 1996 – 1 October 2009 | |
Preceded by | The Lord Keith of Kinkel |
Succeeded by | Position abolished |
Lord Justice General Lord President of the Court of Session | |
In office 1989–1996 | |
Preceded by | The Lord Emslie |
Succeeded by | The Lord Rodger of Earlsferry |
Chancellor of the University of Strathclyde | |
In office 1998–2013 | |
Deputy | Sir Jim McDonald |
Succeeded by | The Lord Smith of Kelvin |
Member of the House of Lords Lord Temporal | |
Assumed office 28 February 1995 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, KT, PC, FRSE (born 27 June 1938) is a retired Scottish judge who served as the Lord President of the Court of Session and Lord Justice General, Scotland's most senior judge, and later as first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013. He had previously been the Second Senior Lord of Appeal in Ordinary. He served as Convenor of the Crossbench peers in the House of Lords from 2015 to 2019. [1] From October 2015 to December 2023 and continuing, Lord Hope served as remunerated Chief Justice of Abu Dhabi Global Market Courts. [2] [3]
A descendant of Charles Hope, Lord Granton, Lord President of the Court of Session from 1811 to 1841, through his third son, [4] David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (née Collie). [5] He was educated at Edinburgh Academy and Rugby School. He completed National Service as an officer with the Seaforth Highlanders, between 1957 and 1959, where he reached the rank of lieutenant. [5] [6] [7] In 1959 he commenced his studies as an Open Scholar at St John's College, Cambridge where he read Classics. He graduated with a B.A. degree in 1962. [8] He then returned to Scotland and studied at the Faculty of Law of the University of Edinburgh, graduating LL.B. in 1965. [5]
In 1966, Hope married Katharine Mary Kerr, daughter of solicitor Mark Kerr WS, with whom he has twin sons and a daughter. [5]
Hope was admitted as an advocate in 1965 and became a Queen's Counsel in 1978. [9] He served as Standing Junior Counsel in Scotland to the Board of the Inland Revenue from 1974 to 1978, and as an Advocate Depute from 1978 to 1982, prosecuting cases on behalf of the Crown. Between 1985 and 1986, he was Chairman of the Medical Appeal Tribunal and the Pensions Appeal Tribunal. From 1986 to 1989 he was Dean of the Faculty of Advocates.
In 1989, Hope became a Senator of the College of Justice, taking the judicial title Lord Hope, and was appointed directly from the practising Bar to the offices of Lord President of the Court of Session and Lord Justice General. He was made a Privy Counsellor at this time, and was awarded a life peerage in the 1995 New Year Honours. [10] His title was gazetted as Baron Hope of Craighead, of Bamff in the District of Perth and Kinross on 28 February 1995. [11] In 1996, Lord Hope retired as Lord President to become a Lord of Appeal in Ordinary, [12] and was succeeded by Lord Rodger of Earlsferry. On 21 April 2009, he was appointed Second Senior Law Lord, succeeding Lord Hoffmann. [13] On 1 October 2009, Hope became one of the first Justices of the Supreme Court of the United Kingdom, and its first Deputy President. He retired from that position on 26 June 2013.
In November 2014 it was announced that Lord Hope would be appointed as Lord High Commissioner to the General Assembly of the Church of Scotland in 2015. [14]
In November 2014, Lord Hope 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.
Starting in 2018, Lord Hope'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 as appears in the Controversies section below.
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.
Lord Hope, 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 as misreported or not said at all, despite the journalist publicly offering a recording. [29] The version of the speech Lord Hope 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. [31]
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." [32] The memorial lecture by Lord Hope contains key passages as though hearsay from the mouth of the recently deceased Lord Rodger either as from a private conversation (no public trace of the alleged views being known) or as Lord Hope's anticipation of what Lord Rodger would have said. [33]
Despite the serious professional differences and disparaging personal remarks regarding Lady Hale (see below under Lord Hope's anti-women's agenda stance), Lord Hope 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's own retirement for the position of Deputy President of the Supreme Court. [34] For each of these positions a small number of candidates were interviewed, including in both cases Lady Hale, 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." [35]
Long-standing fundamental differences of opinion and perspective with Supreme Court colleague Lady Hale, the first and at the time only female member of the Court, were revealed by Lord Hope's diaries1996-2009 and following. [36] This provoked a "head on" response from Lady Hale 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. [37] She responded to Lord Hope'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." [38] As at 2024 there has been no public apology from Lord Hope, and no public rapprochement on this issue.
Lord Hope'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, by Lord Hoffmann to exclude Lady Hale from a Jamaican death penalty appeal; and Lord Judge asking, according to Lord Hope, 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'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". [39]
Lord Hope was lauded by Iain Duncan Smith in his published attack on the Chinese government. Duncan Smith noted Lord Hope's contribution of support in January 2021 to an amendment to the Trade Act 2021 whereby the government would be required to ensure "that the UK does not trade with genocidal regimes. Importantly, with the United Nations having shown itself incapable of making such decisions, the determination of whether genocide has taken place would be made by the High Court of England and Wales." [40]
In January 2023 Lord Hope 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. [41] [42] Asked about Lord Hope'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". [43]
As Deputy President of the Supreme Court
As Lord of Appeal in Ordinary
As Lord President
As Lord Justice General
The Lord Hope of Craighead became Chancellor of the University of Strathclyde in 1998 and was appointed a Fellow in 2000. He stepped down as Chancellor in October 2013. [45] He was awarded an honorary LL.D. by the university in 1993, and by the University of Aberdeen in 1991 and the University of Edinburgh in 1995.
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 St Andrew's Day, 30 November 2009, Lord Hope was appointed to the Order of the Thistle by Queen Elizabeth II. [46]
The Order of the Thistle is the highest chivalric honour in Scotland. In the UK as a whole it is second only to the Order of the Garter amongst chivalric orders. The order honours Scottish men and women who have held public office or who have contributed in some way to national life. [47] Lord Hope represented the Order at the 2023 Coronation. [48]
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