Matthew Clarke, Lord Clarke
Encyclopedia
Matthew Gerald Clarke, Lord Clarke is a Senator of the College of Justice
, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary
and the Inner House
of the Court of Session
.
Hamilton
, and studied at the University of Glasgow
(M.A.
, LL.B.). He was admitted as a solicitor in 1972, and lectured in the School of Law
of the University of Edinburgh
from 1972 to 1978, when he was admitted to the Faculty of Advocates
. He was Standing Junior Counsel to the Scottish Home and Health Department
from 1983 to 1989, in which year he was appointed Queen's Counsel
. He served as a Judge of the Courts of Appeal of Jersey and Guernsey from 1995 to 2000.
He was a member of the Consumer Credit Licensing Appeal Tribunal from 1976 to 2000, of the Estate Agents Tribunals from 1980 to 2000, and of the Trademarks Tribunal from 1995 to 2000, and was part-time Chairman of the Industrial Tribunals from 1987 to 2000. He was a member of the UK Delegation to the Council of the Bars and Law Societies of Europe from 1989 to 1999, serving as its Leader from 1992 to 1996 He was appointed an Honorary Fellow of the Europa Institute at the University of Edinburgh
in 1995.
's Encyclopaedia of Consumer Law (1980), and has contributed to other publications, including:
, a judge of the Court of Session
and High Court of Justiciary
, the Supreme Courts of Scotland, in 2000, taking the judicial title, Lord Clarke. In 2007, Lord Clarke's decision to throw out the charges in the case of the World's End murders
provoked a statement in the Scottish Parliament
by Lord Advocate
Elish Angiolini, resulting in a public dispute between her and the Lord Justice General, Lord Hamilton
. Lord Clarke was promoted to the Inner House
of the Court of Session in 2008, being at the time sworn to the Privy Council.
He sat on the Bench of the UK Supreme Court
during the illness of Lord Rodger of Earlsferry
, along with Lord Reed
, and has been cited by legal commentator Joshua Rozenberg
as a possible candidate to succeed Lord Rodger. The selection committee was established on 25 July 2011.
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
and the Inner House
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance...
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....
.
Early life
Clarke was educated at Holy Cross High SchoolHoly Cross High School (South Lanarkshire)
Holy Cross High School is a Catholic school in South Lanarkshire in Scotland.The core values are: *Improve the quality of life for all its citizens.*Work in a way that is responsible to the needs of its citizens....
Hamilton
Hamilton, South Lanarkshire
Hamilton is a town in South Lanarkshire, in the west-central Lowlands of Scotland. It serves as the main administrative centre of the South Lanarkshire council area. It is the fifth-biggest town in Scotland after Paisley, East Kilbride, Livingston and Cumbernauld...
, and studied at the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
(M.A.
Master of Arts (Scotland)
A Master of Arts in Scotland can refer to an undergraduate academic degree in humanities and social sciences awarded by the ancient universities of Scotland – the University of St Andrews, the University of Glasgow, the University of Aberdeen and the University of Edinburgh, while the University of...
, LL.B.). He was admitted as a solicitor in 1972, and lectured in the School 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...
from 1972 to 1978, when he was admitted to the Faculty of Advocates
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...
. He was Standing Junior Counsel to the Scottish Home and Health Department
Scottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
from 1983 to 1989, in which year he was appointed 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...
. He served as a Judge of the Courts of Appeal of Jersey and Guernsey from 1995 to 2000.
He was a member of the Consumer Credit Licensing Appeal Tribunal from 1976 to 2000, of the Estate Agents Tribunals from 1980 to 2000, and of the Trademarks Tribunal from 1995 to 2000, and was part-time Chairman of the Industrial Tribunals from 1987 to 2000. He was a member of the UK Delegation to the Council of the Bars and Law Societies of Europe from 1989 to 1999, serving as its Leader from 1992 to 1996 He was appointed an Honorary Fellow of the Europa Institute at 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...
in 1995.
Publications
Lord Clarke was the Scottish Editor of Sweet & MaxwellSweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the Thomson Organization in 1987, and is now part of Thomson Reuters. Its British group includes W. Green in Scotland and Round Hall in Ireland...
's Encyclopaedia of Consumer Law (1980), and has contributed to other publications, including:
- Corporate Law: the European dimension (1991)
- Butterworth's EC Legal Systems (1992)
- Green's Guide to European Laws in Scotland (1995)
- McPhailIain Macphail, Lord MacphailIain Duncan Macphail, Lord Macphail was a Scottish lawyer and Senator of the College of Justice, a judge of the country's Supreme Courts.-Early life:...
, Sheriff Court Practice (1999) - A True European: essays for Judge David Edward (2004)
- Court of Session Practice (2005)
The Bench
Clarke was appointed a Senator of the College of JusticeSenator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
, a judge 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 High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, the Supreme Courts of Scotland, in 2000, taking the judicial title, Lord Clarke. In 2007, Lord Clarke's decision to throw out the charges in the case of the World's End murders
World's End murders
The World's End Murders were committed in October 1977 and, so named, as the victims were last seen alive leaving the World's End pub in Edinburgh's Old Town...
provoked a statement in the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
by Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
Elish Angiolini, resulting in a public dispute between her and the Lord Justice General, Lord Hamilton
Arthur Hamilton, Lord Hamilton
Arthur Campbell Hamilton, Lord Hamilton, PC , is Scotland's most senior judge. He was chosen as Lord Justice General and Lord President of the Court of Session in November 2005, succeeding Lord Cullen.-Early life:...
. Lord Clarke was promoted to the Inner House
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance...
of the Court of Session in 2008, being at the time sworn to the Privy Council.
He sat on the Bench of the UK Supreme Court
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...
during the illness of Lord Rodger of Earlsferry
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....
, along with Lord Reed
Robert Reed, Lord Reed
Robert John Reed, Lord Reed is a Scottish lawyer and has been a Senator of the College of Justice, a judge of the country's supreme courts, since 1998. He sat as the principal judge in the Commercial Court before being promoted to the Inner House of the Court of Session in 2008, and has sat as a...
, and has been cited by legal commentator Joshua Rozenberg
Joshua Rozenberg
Joshua Rozenberg is a British legal commentator and journalist.After taking a law degree at Wadham College, University of Oxford, he qualified as a solicitor in 1976, at Dixon Ward solicitors in Richmond, Surrey....
as a possible candidate to succeed Lord Rodger. The selection committee was established on 25 July 2011.