Arthur Campbell Hamilton, Lord Hamilton
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Arthur Campbell Hamilton, Lord Hamilton, (born Glasgow, 10 June 1942), is a Scottish judge and served as Lord Justice General and Lord President of the Court of Session from November 2005 until 8 June 2012, succeeding Lord Cullen.


Early life

Arthur Campbell Hamilton was born in Glasgow and attended Glasgow High School, which was then a state grammar school. He studied at the University of Glasgow, Worcester College, Oxford and Edinburgh University, where he gained an
LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the China, People's Republic ...
in 1967. In June 2003, he was elected an Honorary Fellow of Worcester College, Oxford. Hamilton was admitted to the Faculty of Advocates in 1968 and appointed Queen's Counsel (QC) in 1982. He was an
Advocate Depute The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the S ...
, a Scottish prosecutor, from 1982 until 1985, Chairman of the Medical Appeals Tribunals from 1988 to 1992 and President of the Pensions Appeal Tribunal in Scotland from 1992 to 1995. Over several months in 1992 to 1993, he acted as a temporary
Sheriff Principal In Scotland a sheriff principal (''pl''. sheriffs principal) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th ce ...
in the
sheriffdom of Tayside, Central and Fife The Sheriff Principal of Tayside, Central and Fife is the head of the judicial system of the sheriffdom of Tayside, Central and Fife, one of the six sheriffdoms covering the whole of Scotland. The sheriffdom employs a number of legally qualified ...
, due to the indisposition of the incumbent
Sheriff Principal In Scotland a sheriff principal (''pl''. sheriffs principal) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th ce ...
. From 1988 to 1995, he was a Judge of the Courts of Appeal of Jersey and
Guernsey Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency. It is the second largest of the Channel Islands ...
; as these are part of the Channel Islands with small populations, it is common for English and Scottish judges to sit on the Bench here, as many notable judges have done.


The Bench

In 1995, Hamilton was appointed a
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 (judges of the Court of Session); ...
with the judicial title, Lord Hamilton. Although titled 'Lord', he is not a peer; akin to the honorific title bestowed on the younger sons of dukes and
marquess A marquess (; french: marquis ), es, marqués, pt, marquês. is a nobleman of high hereditary rank in various European peerages and in those of some of their former colonies. The German language equivalent is Markgraf (margrave). A woman wi ...
es who are also not peers. Between 1997 and 2000, he was a full-time commercial judge dedicated to commercial business and responsible for oversight of that aspect of
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
business. In January 2002, he was appointed as a Judge of the Inner House of the
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
where he sat principally on
appellate In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
business. On 24 November 2005, the Scottish Executive announced that he would succeed Lord Cullen as Lord Justice General and Lord President of the Court of Session, upon the latter's appointment to the Appellate Committee of the House of Lords. Lord Hamilton took office on 2 December. As Lord President and Lord Justice General, he was responsible for the supervision of these Courts and for the determination of policy and rules of court procedure. He also made appointments to some tribunals and made recommendations to The Queen for the appointment of Queen's Counsel. He took full-time sick leave from April 2006, prompting emergency legislation (the
Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 was an Act of the Scottish Parliament passed in response to the incapacity due to ill health of Arthur Hamilton, Lord Hamilton, Lord Hamilton, the Lord President of the Court of ...
) to be passed through the
Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
in June. He returned to work without the need for the legislation to be invoked. In 2007, Lord Hamilton clashed publicly with the Lord Advocate,
Elish Angiolini Lady Elish Frances Angiolini (''née'' McPhilomy; born 24 June 1960"Angiolini, Elish Frances" in ''Who's Who'', A & C Black.) is a Scottish lawyer. She was the Lord Advocate of Scotland from 2006 until 2011, having previously been Solicitor Ge ...
, over the collapse of the World's End murders trial. The trial judge, Lord Clarke, had ruled there was insufficient evidence for the jury to convict and threw the case out. The Lord Advocate, who is the senior Law Officer in Scotland, had made a statement to the
Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
, saying she was "disappointed" at this decision. However Lord Hamilton said her intervention had undermined the independence of the judiciary.


Personal life

Lord Hamilton married Christine Anne Croll in 1970, with whom he has one daughter. His interests include hill walking, music and history.


References

{{DEFAULTSORT:Hamilton, Arthur Campbell 1942 births Living people Lawyers from Glasgow
Hamilton Hamilton may refer to: People * Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname ** The Duke of Hamilton, the premier peer of Scotland ** Lord Hamilt ...
Scottish King's Counsel People educated at the High School of Glasgow Alumni of the University of Glasgow Alumni of the University of Edinburgh School of Law Alumni of Worcester College, Oxford Members of the Privy Council of the United Kingdom Lords President of the Court of Session Lords Justice-General Judiciary of Jersey