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David Hope, Baron Hope of Craighead

David Hope, Baron Hope of Craighead

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James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 judge and Deputy President
Deputy President of the Supreme Court of the United Kingdom
The Deputy President of the Supreme Court of the United Kingdom is the second most senior judge of the Supreme Court of the United Kingdom, after the President of the Supreme Court...

 of the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...

, having previously been the Second Senior Lord of Appeal in Ordinary.

Early life


Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...

, WS
Writers to the Signet
The Society of Writers to Her Majesty’s Signet is a private society of Scottish solicitors, dating back to 1594 and part of the College of Justice. Writers to the Signet originally had special privileges in relation to the drawing up of documents which required to be signeted, but these have since...

 and Muriel Ann Neilson Hope (née Collie), and educated at Edinburgh Academy
Edinburgh Academy
The Edinburgh Academy is an independent school which was opened in 1824. The original building, in Henderson Row on the northern fringe of the New Town of Edinburgh, Scotland, is now part of the Senior School...

 and Rugby School
Rugby School
Rugby School is a co-educational day and boarding school located in the town of Rugby, Warwickshire, England. It is one of the oldest independent schools in Britain.-History:...

. After National Service
National service
National service is a common name for mandatory government service programmes . The term became common British usage during and for some years following the Second World War. Many young people spent one or more years in such programmes...

 as an officer with the Seaforth Highlanders
Seaforth Highlanders
The Seaforth Highlanders was a historic regiment of the British Army associated with large areas of the northern Highlands of Scotland. The Seaforth Highlanders have varied in size from two battalions to seventeen battalions during the Great War...

 between 1957 and 1959, rising to lieutenant
First Lieutenant
First lieutenant is a military rank and, in some forces, an appointment.The rank of lieutenant has different meanings in different military formations , but the majority of cases it is common for it to be sub-divided into a senior and junior rank...

, he was an Open Scholar at St John's College
St John's College, Cambridge
St John's College is a constituent college of the University of Cambridge. The college's alumni include nine Nobel Prize winners, six Prime Ministers, three archbishops, at least two princes, and three Saints....

, Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...

 in 1959 and graduated B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 in 1962. He then returned to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 and studied at the Faculty of Law
University of Edinburgh School of Law
The University of Edinburgh School of Law, founded in 1707, is a school within the University of Edinburgh, Scotland, dedicated to research and teaching in law. Known today as Edinburgh Law School, it is located in the historic Old College, the original site of the University...

 of the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...

, graduating LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...

 in 1965.

In 1966, Hope married Katharine Mary Kerr, daughter of solicitor Mark Kerr WS
Writers to the Signet
The Society of Writers to Her Majesty’s Signet is a private society of Scottish solicitors, dating back to 1594 and part of the College of Justice. Writers to the Signet originally had special privileges in relation to the drawing up of documents which required to be signeted, but these have since...

, with whom he has twin sons and a daughter.

Hope was admitted as an advocate
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...

 in 1965 and became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...

 in 1978. 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, and from 1986 to 1989 was Dean of the Faculty of Advocates.

The Bench


In 1989, Hope became a Senator of the College of Justice, taking the judicial title, Lord Hope, and was appointed directly to the offices of Lord President
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...

 of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....

 and Lord Justice General, Scotland's highest judge. He was made a Privy Counsellor
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...

 at this time, and was awarded a Life peerage in the 1995 New Year Honours
New Year Honours
The New Year Honours is a part of the British honours system, being a civic occasion on the New Year annually in which new members of most Commonwealth Realms honours are named. The awards are presented by the reigning monarch or head of state, currently Queen Elizabeth II...

, his title being gazetted
London Gazette
The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...

 as Baron Hope of Craighead, of Bamff
Bamff
Bamff House is the home of the Ramsays of Bamff, and is located within a estate in Perthshire, Scotland. Bamff House began as a fortified tower in the late 16th Century and was added to and altered in almost every century since then. Bamff has been the home of several European beavers since 2002...

 in the District of Perth and Kinross
Perth and Kinross
Perth and Kinross is one of 32 council areas in Scotland, and a Lieutenancy Area. It borders onto the Aberdeenshire, Angus, Dundee City, Fife, Clackmannanshire, Stirling, Argyll and Bute and Highland council areas. Perth is the administrative centre...

on 28 February 1995. In 1996, Lord Hope of Craighead retired as Lord President to become a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...

, and was succeeded by Lord Rodger
Alan Rodger, Baron Rodger of Earlsferry
Alan Ferguson Rodger, Baron Rodger of Earlsferry, FRSE, FBA, PC was a Scottish lawyer and Justice of the Supreme Court of the United Kingdom....

. On 1 October 2009, Hope became one of the first Justices of the Supreme Court of the United Kingdom, and its first Deputy President.

Honours


Lord Hope of Craighead has been Chancellor
Chancellor (education)
A chancellor or vice-chancellor is the chief executive of a university. Other titles are sometimes used, such as president or rector....

 of the University of Strathclyde
University of Strathclyde
The University of Strathclyde , Glasgow, Scotland, is Glasgow's second university by age, founded in 1796, and receiving its Royal Charter in 1964 as the UK's first technological university...

 since 1998, and was appointed a Fellow in 2000. He was awarded an honorary
Honorary degree
An honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...

 LL.D. by the University in 1993, and by the University of Aberdeen
University of Aberdeen
The University of Aberdeen, an ancient university founded in 1495, in Aberdeen, Scotland, is a British university. It is the third oldest university in Scotland, and the fifth oldest in the United Kingdom and wider English-speaking world...

 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
University of Aberdeen
The University of Aberdeen, an ancient university founded in 1495, in Aberdeen, Scotland, is a British university. It is the third oldest university in Scotland, and the fifth oldest in the United Kingdom and wider English-speaking world...

, and is an honorary member of the Canadian Bar Association
Canadian Bar Association
The Canadian Bar Association represents over 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada.-History:The Association's first Annual Meeting was held in Montreal in 1896. However, the CBA has been in continuous existence in its present form since 1914...

 (1987) and of The Society of Legal Scholars
The Society of Legal Scholars
The Society of Legal Scholars is the learned society for those who teach law in a university or similar institution or who are otherwise engaged in legal scholarship. As of February 2009 the Society had over 3,000 members consisting of academic and practising lawyers in a wide variety of subject...

 (1991), an Honorary Fellow of the American College of Trial Lawyers
American College of Trial Lawyers
The American College of Trial Lawyers is a professional association of trial lawyers from the United States and Canada. Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, the administration of justice and the ethics of the profession...

 (2000), and an Honorary Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...

 of Gray’s Inn (1989) and of the Inn of Court of Northern Ireland
Bar of Northern Ireland
The Bar of Northern Ireland, or Northern Irish Bar, is the association of barristers for Northern Ireland, comprising as at September 2007 just under 600 members....

 (1995). He is also, as of 2008, the Honorary President of the Edinburgh Student Law Review.

On St Andrew's Day, 30 November 2009, Lord Hope was appointed to the Order of the Thistle
Order of the Thistle
The Most Ancient and Most Noble Order of the Thistle is an order of chivalry associated with Scotland. The current version of the Order was founded in 1687 by King James VII of Scotland who asserted that he was reviving an earlier Order...

 by Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...

. 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
Order of the Garter
The Most Noble Order of the Garter, founded in 1348, is the highest order of chivalry, or knighthood, existing in England. The order is dedicated to the image and arms of St...

 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.

Cases


As Deputy President
  • R (E) v Jewish Free School
    R(E) v Governing Body of JFS
    R v Governing Body of JFS [2009] is a United Kingdom discrimination case, concerning the Jewish Free School's policy of denying entry to people whom they defined as belonging to a different religion...

    [2009] UKSC 1 discrimination in school admission on religious grounds
  • R (L) v Commissioner of Police of the Metropolis [2009] UKSC 3 criminal record check and right to respect for private and family life
  • BA (Nigeria) v Secretary of State
    BA (Nigeria) v Secretary of State
    BA v Secretary of State was a case heard by the Supreme Court of the United Kingdom on the 30 July 2009. The justices were Lord Hope of Craighead, the Deputy President of the Supreme Court, Lord Scott of Foscote, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of...

    [2009] UKSC 7 right of appeal against deportation orders
  • Gisda Cyf v Barratt
    Gisda Cyf v Barratt
    Gisda Cyf v Barratt [2010] is a UK labour law case, concerning unfair dismissal governed by the Employment Rights Act 1996.-Facts:Gisda Cyf employed Ms Barratt. On 30 November 2006 a letter was sent to her that she was being summarily dismissed for gross misconduct, apparently misconduct at a...

    [2010] UKSC 41 employment contracts intellectually segregated from general contracts
  • Cadder v HM Advocate
    Cadder v HM Advocate
    Cadder v HM Advocate [2010] UKSC 43 was a decision of the Supreme Court of the United Kingdom which held that the way in which police in Scotland detained suspects was not compatible with the European Convention on Human Rights and was therefore unlawful in terms of the Scotland Act...

    [2010] UKSC 43 police detention of suspects
  • Jones v Kaney
    Jones v Kaney
    Jones v Kaney [2011] UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence, or whether they have the benefit of immunity from suit...

    [2011] UKSC 13 immunity from suit of expert witnesses
  • HJ and HT v Home Secretary
    HJ and HT v Home Secretary
    HJ and HT v Secretary of State for the Home Department 2010] UKSC 31 is a case decided by the Supreme Court of the United Kingdom concerning two men, from Iran and Cameroon respectively, claiming asylum in the United Kingdom on the grounds of their homosexuality...

    [2010] UKSC 31 homosexuality in asylum
    Right of asylum
    Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...

     claims
  • Fraser v HM Advocate
    Fraser v HM Advocate
    Fraser v Her Majesty's Advocate [2011] UKSC 24 is a controversial decision of the Supreme Court of the United Kingdom relating to the effect of non-disclosure of evidence to the defence at trial and the role of the Supreme Court of the United Kingdom in Scots criminal law.-Background and trial:On...

    [2011] UKSC 24 role of the Supreme Court in Scots criminal law
    Scots criminal law
    Scots Criminal Law governs the rules of criminal law in Scotland. Scottish criminal law relies far more heavily on common law than in England and Wales...



As Lord of Appeal
  • R v Woollin
    R v Woollin
    R v Woollin is a case in English criminal law, in which the subject of intention within Mens Rea was examined and refined.-Facts:Having given various explanations for his three-month-old son's injuries in the ambulance and in the first two police interviews, Woollin eventually admitted that he had...

    [1999] 1 A.C. 82 murder and subjective intent
  • Lubbe v Cape Plc
    Lubbe v Cape Plc
    Lubbe v Cape Plc [2000] is a conflict of laws case, which is also highly significant for the question of lifting the corporate veil in relation to tort victims...

    [2000] 1 WLR 1545 tort liability for shareholders on Donaghue test
  • Bruton v London and Quadrant Housing Trust [2000] 1 AC 406 landlord and tenant rights
  • White v White [2001] 1 A.C. 596 distribution of property on divorce
  • DGFT v First National Bank plc [2001] UKHL 52 unfair contract terms and narrow construction of unreviewable core terms
  • Wilson v First County Trust Ltd (No 2) [2003] UKHL 40 CCA 1974 does not contravene pawnshop dealers' "human rights"
  • Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22 right to privacy and confidentiality
  • Chester v Afshar [2004] UKHL 41 patient's right to give fully informed consent
  • Archibald v Fife Council
    Archibald v Fife Council
    Archibald v Fife Council [2004] is a UK labour law case, concerning the Disability Discrimination Act 1995.-Facts:Mrs Archibald was employed as a road sweeper for Fife Council. She had surgery in 1999. Sadly there were complications. She lost the ability to walk and could no longer work. The...

    [2004] UKHL 32 reasonable adjustments for disabled means relaxed interviews
  • Jackson v Royal Bank of Scotland
    Jackson v Royal Bank of Scotland
    Jackson v Royal Bank of Scotland [2005] is an English contract law case, which concerns remoteness of damage.-Facts:Mr James Jackson was a partner with Barrie Stewart Davies , trading under the name "Samson Lancastrian". They imported dog chews from Thailand and sold them to a firm called "Economy...

    [2005] UKHL 3 remotness
  • Re Spectrum Plus Ltd [2005] UKHL 41 definition of floating charge
  • Jackson v Attorney General
    Jackson v Attorney General
    Jackson v Attorney General [2005] UKHL 56 was a House of Lords case concerning the legality of the use of the Parliament Acts 1911 and 1949 to pass the Hunting Act to ban fox hunting...

    [2005] UKHL 56 fox hunting ban
  • J & H Ritchie Ltd v Lloyd Ltd
    J & H Ritchie Ltd v Lloyd Ltd
    J & H Ritchie Ltd v Lloyd Ltd [2007] is an English contract law case, concerning the measure of damages for breach.-Facts:Mr Ritchie has a business on North Arkleston Farm, Paisley. He bought an all in one seed drill and harrow from Lloyd Ltd, based at Hunters Hall, Kelso...

    [2007] UKHL 9 SGA 1979 s 35 and measure of damages for poor quality after repair
  • Stack v Dowden [2007] UKHL 17 family property post divorce
  • The Achilleas [2008] UKHL 48 remoteness of loss
  • Austin v Commissioner of Police of the Metropolis [2009] UKHL 5 kettling
    Kettling
    Kettling is a police tactic for controlling large crowds during demonstrations or protests. It involves the formation of large cordons of police officers who then move to contain a crowd within a limited area. Protesters are left only one choice of exit, determined by the police, or are completely...

  • Chartbrook Ltd v Persimmon Homes Ltd
    Chartbrook Ltd v Persimmon Homes Ltd
    Chartbrook Ltd v Persimmon Homes Ltd [2009] is an English contract law case concerning interpretation of contracts. It creates a so called "red ink" rule, that there is no limit to verbal rearrangement that the court may deploy to give a commercial sensible meaning when construing a contract in...

    [2009] UKHL 38 contract construction not aided by negotiations beforehand


As Lord President
  • West v Secretary of State for Scotland
    West v Secretary of State for Scotland
    West v Secretary of State for Scotland 1992 SC 385 ,1992 SLT 636, is the leading case on judicial review in Scotland and sets out in detail the present law...

    1992 SC 385 Scots judicial review
    Judicial review in Scotland
    Judicial review in Scotland functions within the framework of Scots administrative law.The power of judicial review of all actions of governmental and private bodies in Scotland is held by the Court of Session...



As Lord Justice General
  • Jamieson v HM Advocate 1994 JC 88 rape and consent
  • Ross v HM Advocate
    Ross v H.M. Advocate
    HM Advocate v Ross was a 1991 Scots criminal law case decided by the High Court of Justiciary. The defendant had been charged with violently attacking others in a public house, but was allowed to go free on the premise that he was in a state of non-self-induced automatism...

    1991 JC 210 automatism