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David Hope, Baron Hope of Craighead

James Arthur David Hope, Baron Hope of Craighead, KT, PC, FRSE (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having 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]

The Lord Hope of Craighead
Convenor of the Crossbench Peers
In office
28 September 2015 – September 2019
Preceded byThe Lord Laming
Succeeded byThe Lord Judge
Deputy President of the
Supreme Court of the United Kingdom
In office
1 October 2009 – 26 June 2013
Nominated byJack Straw
Appointed byElizabeth II
PresidentThe Lord Phillips of Worth Matravers
Preceded byPosition created
Succeeded byThe Baroness Hale of Richmond
Second Senior Lord of Appeal in Ordinary
In office
21 April 2009 – 1 October 2009
Preceded byThe Lord Hoffmann
Succeeded byPosition abolished
Lord of Appeal in Ordinary
In office
1 October 1996 – 1 October 2009
Preceded byThe Lord Keith of Kinkel
Succeeded byPosition abolished
Lord Justice General
Lord President of the Court of Session
In office
1989–1996
Preceded byThe Lord Emslie
Succeeded byThe Lord Rodger of Earlsferry
Chancellor of the University of Strathclyde
In office
1998–2013
DeputySir Jim McDonald
Succeeded byThe 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

(1938-06-27) 27 June 1938 (age 84)
NationalityBritish
Political partyCrossbencher
SpouseKatharine Mary Kerr
ResidenceEdinburgh
Alma materSt John's College, Cambridge;
University of Edinburgh
ProfessionAdvocate
Military service
Branch/serviceBritish Army
Years of service1957–59
RankLieutenant
UnitSeaforth Highlanders

Early life

A descendant of Charles Hope, Lord Granton, Lord President of the Court of Session from 1811 to 1841 through his third son,[2] David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (née Collie),[3] and 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 lieutenant.[3][4][5] 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. He then returned to Scotland and studied at the Faculty of Law of the University of Edinburgh, graduating LL.B. in 1965.[3]

In 1966, Hope married Katharine Mary Kerr, daughter of solicitor Mark Kerr WS, with whom he has twin sons and a daughter.[3]

Hope was admitted as an advocate in 1965 and became a Queen's Counsel in 1978.[6] 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 and later public life

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 of the Court of Session and Lord Justice General, Scotland's highest judge. He was made a Privy Counsellor at this time, and was awarded a Life peerage in the 1995 New Year Honours,[7] his title being gazetted as Baron Hope of Craighead, of Bamff in the District of Perth and Kinross on 28 February 1995.[8] In 1996, The Lord Hope of Craighead retired as Lord President to become a Lord of Appeal in Ordinary,[9] and was succeeded by The Lord Rodger of Earlsferry. On 21 April 2009, he was appointed Second Senior Law Lord, succeeding Lord Hoffmann.[10] 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.[11]

Starting in 2017, Lord Hope's diaries were published in five volumes by Avizandum Publishing. The works chronicled his life and experiences, from Senior Counsel to his retirement from the Supreme Court. The later editions evoked minor controversy over remarks relating to Lady Hale's appointment to the Court,[12] and for revealing certain information about how cases were decided behind the scenes, something one commentator described as "deeply concerning".[13]

Hope was lauded by Iain Duncan Smith for his 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."[14]

Notable cases

As Deputy President of the Supreme Court

As Lord of Appeal in Ordinary

As Lord President

As Lord Justice General

Honours & Arms

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.[16] 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 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 by Queen Elizabeth II.[17] 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.[18]

Coat of arms of David Hope, Baron Hope of Craighead
 
 
Crest
A broken terrestrial sphere Proper charged with an anchor Gules surmounted by a rainbow Proper.
Escutcheon
Azure on a chevron Or between three bezants a bay leaf between two quill pens Vert.
Supporters
Two blackfaced rams Proper.
Motto
Spes Non Est Fracta (My Hope Is Not Broken)[19]

References

  1. ^ "Lord Hope of Craighead". UK Parliament. Retrieved 9 October 2019.
  2. ^ The Secret History of Our Streets, series 2, episode 1- The Moray Estate, Edinburgh, BBC, first broadcast 25 July 2014
  3. ^ a b c d A&C Black (December 2008). "Hope of Craighead". Who's Who (online ed.). Oxford University Press. doi:10.1093/ww/9780199540884.013.U20699. Retrieved 2 June 2009.
  4. ^ "No. 41216". The London Gazette (Supplement). 1 November 1957. p. 6400.
  5. ^ "No. 41798". The London Gazette (Supplement). 21 August 1959. p. 5357.
  6. ^ "No. 47612". The London Gazette. 8 August 1978. p. 9503.
  7. ^ "No. 53893". The London Gazette. 30 December 1994. p. 1.
  8. ^ "No. 53972". The London Gazette. 3 March 1995. p. 3449.
  9. ^ "No. 54543". The London Gazette. 4 October 1996. p. 13211.
  10. ^ "No. 59045". The London Gazette. 21 April 2009. p. 1.
  11. ^ . Archived from the original on 11 January 2018. Retrieved 26 November 2014.
  12. ^ Rozenberg, Joshua (3 February 2020). . Archived from the original on 3 February 2020.
  13. ^ "Lewis Graham: Lessons from Lord Hope's Diaries: judicial ideology and panel selection". 18 June 2020.
  14. ^ Duncan Smith, Iain (14 January 2021). "The Government must do more to crack down on trade with China". Telegraph Media Group Limited.
  15. ^ supremecourt.uk: HM Treasury v Ahmad, etc 4 March 2016 at the Wayback Machine, 27 January 2010
  16. ^ (Press release). University of Strathclyde. 3 May 2013. Archived from the original on 4 May 2013. Retrieved 10 May 2013.
  17. ^ "No. 59258". The London Gazette. 1 December 2009. p. 20801.
  18. ^ "Announcement of new appointments to the Order of the Thistle, 29 November 2009". Royal Household of the United Kingdom. 29 November 2009. Retrieved 1 December 2009.
  19. ^ Debrett's Peerage. 2019. p. 3059.

External links

  •   Media related to David Hope at Wikimedia Commons

david, hope, baron, hope, craighead, other, people, named, david, hope, david, hope, james, arthur, frse, born, june, 1938, retired, scottish, judge, served, first, deputy, president, supreme, court, united, kingdom, from, 2009, until, retirement, 2013, having. For other people named David Hope see David Hope James Arthur David Hope Baron Hope of Craighead KT PC FRSE born 27 June 1938 is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013 having 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 The Right HonourableThe Lord Hope of CraigheadKT PC FRSEConvenor of the Crossbench PeersIn office 28 September 2015 September 2019Preceded byThe Lord LamingSucceeded byThe Lord JudgeDeputy President of theSupreme Court of the United KingdomIn office 1 October 2009 26 June 2013Nominated byJack StrawAppointed byElizabeth IIPresidentThe Lord Phillips of Worth MatraversPreceded byPosition createdSucceeded byThe Baroness Hale of RichmondSecond Senior Lord of Appeal in OrdinaryIn office 21 April 2009 1 October 2009Preceded byThe Lord HoffmannSucceeded byPosition abolishedLord of Appeal in OrdinaryIn office 1 October 1996 1 October 2009Preceded byThe Lord Keith of KinkelSucceeded byPosition abolishedLord Justice GeneralLord President of the Court of SessionIn office 1989 1996Preceded byThe Lord EmslieSucceeded byThe Lord Rodger of EarlsferryChancellor of the University of StrathclydeIn office 1998 2013DeputySir Jim McDonaldSucceeded byThe Lord Smith of KelvinMember of the House of LordsLord TemporalIncumbentAssumed office 28 February 1995Life PeeragePersonal detailsBornJames Arthur David Hope 1938 06 27 27 June 1938 age 84 NationalityBritishPolitical partyCrossbencherSpouseKatharine Mary KerrResidenceEdinburghAlma materSt John s College Cambridge University of EdinburghProfessionAdvocateMilitary serviceBranch serviceBritish ArmyYears of service1957 59RankLieutenantUnitSeaforth Highlanders Contents 1 Early life 2 The Bench and later public life 3 Notable cases 4 Honours amp Arms 5 References 6 External linksEarly life EditA descendant of Charles Hope Lord Granton Lord President of the Court of Session from 1811 to 1841 through his third son 2 David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope OBE WS and Muriel Ann Neilson Hope nee Collie 3 and 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 lieutenant 3 4 5 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 He then returned to Scotland and studied at the Faculty of Law of the University of Edinburgh graduating LL B in 1965 3 In 1966 Hope married Katharine Mary Kerr daughter of solicitor Mark Kerr WS with whom he has twin sons and a daughter 3 Hope was admitted as an advocate in 1965 and became a Queen s Counsel in 1978 6 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 and later public life EditIn 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 of the Court of Session and Lord Justice General Scotland s highest judge He was made a Privy Counsellor at this time and was awarded a Life peerage in the 1995 New Year Honours 7 his title being gazetted as Baron Hope of Craighead of Bamff in the District of Perth and Kinross on 28 February 1995 8 In 1996 The Lord Hope of Craighead retired as Lord President to become a Lord of Appeal in Ordinary 9 and was succeeded by The Lord Rodger of Earlsferry On 21 April 2009 he was appointed Second Senior Law Lord succeeding Lord Hoffmann 10 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 11 Starting in 2017 Lord Hope s diaries were published in five volumes by Avizandum Publishing The works chronicled his life and experiences from Senior Counsel to his retirement from the Supreme Court The later editions evoked minor controversy over remarks relating to Lady Hale s appointment to the Court 12 and for revealing certain information about how cases were decided behind the scenes something one commentator described as deeply concerning 13 Hope was lauded by Iain Duncan Smith for his 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 14 Notable cases EditAs Deputy President of the Supreme Court R E v Jewish Free School 2009 UKSC 1 discrimination in school admissions on religious grounds R L v Commissioner of Police of the Metropolis 2009 UKSC 3 criminal records checks and right to respect for private and family life BA Nigeria v Secretary of State 2009 UKSC 7 right of appeal against deportation orders Gisda Cyf v Barratt 2010 UKSC 41 employment contracts as against general contracts Cadder v HM Advocate 2010 UKSC 43 police detention of suspects HJ and HT v Home Secretary 2010 UKSC 31 homosexuality in asylum claims HM Treasury v Ahmed 2010 UKSC 2 strikes Treasury Orders related to UNSC 1267 Committee 15 Jones v Kaney 2011 UKSC 13 immunity from suit of expert witnesses Fraser v HM Advocate 2011 UKSC 24 role of the UK Supreme Court in Scots criminal lawAs Lord of Appeal in Ordinary R v Woollin 1999 1 AC 82 indirect intention Lubbe v Cape Plc 2000 1 WLR 1545 tortious liability of shareholders Bruton v London and Quadrant Housing Trust 2000 1 AC 406 rights of landlords and tenants White v White 2001 1 AC 596 distribution of property on divorce DGFT v First National Bank plc 2001 UKHL 52 unfair contractual terms and the construction of unreviewable core terms Wilson v First County Trust Ltd No 2 2003 UKHL 40 impact of the Consumer Credit Act 1974 on pawnshop dealers human rights Campbell v Mirror Group Newspapers Ltd 2004 UKHL 22 right to privacy and confidentiality Chester v Afshar 2004 UKHL 41 patients right to give fully informed consent Archibald v Fife Council 2004 UKHL 32 reasonable adjustments for the disabled Jackson v Royal Bank of Scotland 2005 UKHL 3 remoteness Re Spectrum Plus Ltd 2005 UKHL 41 definition of floating charge Jackson v Attorney General 2005 UKHL 56 fox hunting ban J amp H Ritchie Ltd v Lloyd Ltd 2007 UKHL 9 Sale of Goods Act 1979 section 35 and measure of damages for poor quality after repair Stack v Dowden 2007 UKHL 17 beneficial interest in the family home on divorce The Achilleas 2008 UKHL 48 remoteness Austin v Commissioner of Police of the Metropolis 2009 UKHL 5 kettling of protestors Chartbrook Ltd v Persimmon Homes Ltd 2009 UKHL 38 influence of pre contractual negotiations on constructionAs Lord President Sharp v Thomson 1997 SC HL 66 Scots property law West v Secretary of State for Scotland 1992 SC 385 Scots judicial reviewAs Lord Justice General Jamieson v HM Advocate 1994 JC 88 rape and consent Ross v HM Advocate 1991 JC 210 automatismHonours amp Arms EditThe 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 16 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 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 by Queen Elizabeth II 17 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 18 Coat of arms of David Hope Baron Hope of Craighead Crest A broken terrestrial sphere Proper charged with an anchor Gules surmounted by a rainbow Proper Escutcheon Azure on a chevron Or between three bezants a bay leaf between two quill pens Vert Supporters Two blackfaced rams Proper Motto Spes Non Est Fracta My Hope Is Not Broken 19 References Edit Lord Hope of Craighead UK Parliament Retrieved 9 October 2019 The Secret History of Our Streets series 2 episode 1 The Moray Estate Edinburgh BBC first broadcast 25 July 2014 a b c d A amp C Black December 2008 Hope of Craighead Who s Who online ed Oxford University Press doi 10 1093 ww 9780199540884 013 U20699 Retrieved 2 June 2009 No 41216 The London Gazette Supplement 1 November 1957 p 6400 No 41798 The London Gazette Supplement 21 August 1959 p 5357 No 47612 The London Gazette 8 August 1978 p 9503 No 53893 The London Gazette 30 December 1994 p 1 No 53972 The London Gazette 3 March 1995 p 3449 No 54543 The London Gazette 4 October 1996 p 13211 No 59045 The London Gazette 21 April 2009 p 1 Queen Appoints senior judge as Lord High Commissioner to the General Assembly Archived from the original on 11 January 2018 Retrieved 26 November 2014 Rozenberg Joshua 3 February 2020 An insider s account of the Brenda agenda Archived from the original on 3 February 2020 Lewis Graham Lessons from Lord Hope s Diaries judicial ideology and panel selection 18 June 2020 Duncan Smith Iain 14 January 2021 The Government must do more to crack down on trade with China Telegraph Media Group Limited supremecourt uk HM Treasury v Ahmad etc Archived 4 March 2016 at the Wayback Machine 27 January 2010 Lord Smith of Kelvin appointed University of Strathclyde Chancellor Press release University of Strathclyde 3 May 2013 Archived from the original on 4 May 2013 Retrieved 10 May 2013 No 59258 The London Gazette 1 December 2009 p 20801 Announcement of new appointments to the Order of the Thistle 29 November 2009 Royal Household of the United Kingdom 29 November 2009 Retrieved 1 December 2009 Debrett s Peerage 2019 p 3059 External links Edit Media related to David Hope at Wikimedia CommonsLegal officesPreceded byThe Lord Emslie Lord Justice General and Lord President of the Court of Session1989 1996 Succeeded byThe Lord Rodger of EarlsferryPreceded byThe Lord Jauncey of Tullichettle Lord of Appeal in Ordinary1996 2009 AbolishedPreceded byThe Lord Hoffmann Second Senior Law Lord2009 AbolishedNew creation Deputy President of the Supreme Court of the United Kingdom2009 2013 Succeeded byThe Baroness Hale of RichmondOther officesPreceded byThe Lord Laming Convenor of the Crossbench Peers2015 2019 Succeeded byThe Lord JudgeOrders of precedence in the United KingdomPreceded byThe Lord Tope GentlemenBaron Hope of Craighead Followed byThe Lord Blyth of Rowington Retrieved from https en wikipedia org w index php title David Hope Baron Hope of Craighead amp oldid 1124221317, wikipedia, wiki, book, books, library,

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