Sydney Templeman, Baron Templeman
Encyclopedia
Sydney William Templeman, Baron Templeman, MBE
, PC
, is a former British
judge. He served as a Lord of Appeal in Ordinary
from 1982 to 1995 in the House of Lords and was created a life peer
as Baron Templeman, of White Lackington in the County of Somerset
.
.
Templeman, who might fairly be said to be of judicially conservative inclination, also 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. 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.
Templeman was also one of the dissenting judges in the famous case of Gillick v West Norfolk and Wisbech AHA
[1986] AC 112, arguing, inter alia
, that 16-year-old girls should not be having sex
and, therefore, cannot legally consent to being prescribed prescription contraceptives by a physician (thus necessitating parental consent in order to obtain prescription contraceptives).
Prior to his elevation to the House of Lords, he also made significant contribution to English jurisprudence
sitting at first instance in EMI Limited v Pandit [1975] 1 All ER 418 when he granted the first Anton Piller order
in English legal history.
Also prior to his capacity as a judge, Sydney Templeman QC
was an eminent barrister. One notable case which he worked on was the case of Anisminic Ltd v Foreign Compensation Commission
[1969] 2 AC 147 where he was counsel for the respondents (the Foreign Compensation Commission).
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...
, PC
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...
, is a former British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
judge. He served as 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...
from 1982 to 1995 in the House of Lords and was created a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
as Baron Templeman, of White Lackington in the County of Somerset
Somerset
The ceremonial and non-metropolitan county of Somerset in South West England borders Bristol and Gloucestershire to the north, Wiltshire to the east, Dorset to the south-east, and Devon to the south-west. It is partly bounded to the north and west by the Bristol Channel and the estuary of the...
.
Career
Lord Templeman made significant contributions to English law during his time as a judge, both within and outside his specialist field of intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
.
Templeman, who might fairly be said to be of judicially conservative inclination, also gave leading speeches upholding orthodox
Orthodoxy
The word orthodox, from Greek orthos + doxa , is generally used to mean the adherence to accepted norms, more specifically to creeds, especially in religion...
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. 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.
Templeman was also one of the dissenting judges in the famous case of Gillick v West Norfolk and Wisbech AHA
Gillick competence
Gillick competence is a term originating in England and is used in medical law to decide whether a child is able to consent to his or her own medical treatment, without the need for parental permission or knowledge....
[1986] AC 112, arguing, inter alia
Inter Alia
-Track listing:# Inter Alia# Outfox'd # Righteous Badass # The Altogether feat. Bix, Apt, UNIVERSE ARM and Cal# The Day-to-Daily# Trouble Brewing # The Prestidigitator# The Force...
, that 16-year-old girls should not be having sex
Abstinence
Abstinence is a voluntary restraint from indulging in bodily activities that are widely experienced as giving pleasure. Most frequently, the term refers to sexual abstinence, or abstention from alcohol or food. The practice can arise from religious prohibitions or practical...
and, therefore, cannot legally consent to being prescribed prescription contraceptives by a physician (thus necessitating parental consent in order to obtain prescription contraceptives).
Prior to his elevation to the House of Lords, he also made significant contribution to English jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
sitting at first instance in EMI Limited v Pandit [1975] 1 All ER 418 when he granted the first Anton Piller order
Anton Piller order
In English and English-derived legal systems, an Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning...
in English legal history.
Also prior to his capacity as a judge, Sydney Templeman QC
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...
was an eminent barrister. One notable case which he worked on was the case of Anisminic Ltd v Foreign Compensation Commission
Anisminic v Foreign Compensation Commission
Anisminic is an important House of Lords decision in the area of administrative law, establishing in particular that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause does not deprive the courts from their jurisdiction in judicial review...
[1969] 2 AC 147 where he was counsel for the respondents (the Foreign Compensation Commission).
Family
Lord Templeman has two sons, Peter and Michael (the former a Church of England vicar, the latter a barrister), and one of his nephews, Anthony John Templeman, is a retired Justice of the Supreme Court of Western Australia.Cases
English cases in which Lord Templeman gave speeches which influenced the direction of English law include:- Anisminic v Foreign Compensation CommissionAnisminic v Foreign Compensation CommissionAnisminic is an important House of Lords decision in the area of administrative law, establishing in particular that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause does not deprive the courts from their jurisdiction in judicial review...
[1969] 2 AC 147 - EMI Limited v Pandit [1975] 1 All ER 418
- Street v MountfordStreet v MountfordStreet v Mountford [1985] is an important House of Lords judgment in English property law. The case set out the principles the court would deploy to decide whether someone's occupation of a property amounted to a tenancy Street v Mountford [1985] is an important House of Lords judgment in English...
[1985] AC 809 - Gillick v West Norfolk Area Health Authority [1985] AC 112
- Miles v Wakefield Metropolitan District Council [1987] AC 539
- China and South Sea Bank v Tan [1990] 1 AC 536
- R v BrownR v BrownR v Brown [1994] 1 AC 212 is a House of Lords judgment in which a group of men were convicted for their involvement in consensual sadomasochistic sexual acts over a 10 year period. They were convicted of "unlawful and malicious wounding" and "assault occasioning actual bodily harm" contrary to...
[1994] 1 AC 212 - Attorney General for Hong Kong v Reid [1994] 1 AC 324, [1994] 1 NZLR 1 (PC)