Iain Duncan Macphail, Lord Macphail (24 January 1938 – 21 October 2009) was a Scottish lawyer and

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); ...

, a judge of the country's Supreme Courts.

Early life

Macphail was educated at the

independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independ ...

George Watson’s College George Watson's College is a co-educational independent day school in Scotland, situated on Colinton Road, in the Merchiston area of Edinburgh. It was first established as a hospital school in 1741, became a day school in 1871, and was merge ...

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

, and studied at the

University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...

( M.A. (Hons.) History 1959), and at the

School of Law A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...

of the

University of Glasgow , image = UofG Coat of Arms.png , image_size = 150px , caption = Coat of arms Flag , latin_name = Universitas Glasguensis , motto = la, Via, Veritas, Vita , ...

(

LL.B. 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 People's Republic of Chi ...

1962). He was admitted to the

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. The Faculty of Advocates is a constitu ...

in 1963. Between 1963 and 1965, he held a Faulds Fellowship in Law at Glasgow, and was succeeded in this position by Robin McEwan (later Lord McEwan). From 1968 to 1969, he was a lecturer in Evidence and Procedure at the

of the

University of Strathclyde The University of Strathclyde ( gd, Oilthigh Shrath Chluaidh) is a public research university located in Glasgow, Scotland. Founded in 1796 as the Andersonian Institute, it is Glasgow's second-oldest university, having received its royal chart ...

, and from 1969 to 1972, held the same position at the

of the

Legal career

From 1971 to 1973, Macphail served as Standing Junior Counsel to Scottish Home and Health Department and the

Department of Health and Social Security The Department of Health and Social Security (commonly known as the DHSS) was a ministry of the British government in existence for twenty years from 1968 until 1988, and was headed by the Secretary of State for Health and Social Services. His ...

. In 1973, he served briefly as an Extra Advocate-Depute, and the same year was appointed a

Sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

of Lanarkshire (later Glasgow and Strathkelvin), based in

Glasgow Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popul ...

. From 1978 to 1981, he was Chairman of the Scottish Association for the Study of Delinquency. In 1981, he moved to the

Sheriffdom A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a ...

of Tayside, Central and Fife, based at

Alloa Alloa (Received Pronunciation ; educated Scottish pronunciation /ˈaloʊa/; gd, Alamhagh, possibly meaning "rock plain") is a town in Clackmannanshire in the Central Lowlands of Scotland. It is on the north bank of the Forth at the spot where ...

, and in 1982 to Lothian and Borders, based at

Linlithgow Linlithgow (; gd, Gleann Iucha, sco, Lithgae) is a town in West Lothian, Scotland. It was historically West Lothian's county town, reflected in the county's historical name of Linlithgowshire. An ancient town, it lies in the Central Belt on a ...

. He served there until 1989, when he took up office as a Law Commissioner, and was appointed

Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...

in 1990. Following completion of his term in 1994, he returned to the shrieval bench at Linlithgow in 1995, and was appointed

Sheriff Principal of Lothian and Borders The Sheriff Principal of Lothian and Borders is the head of the judicial system of the sheriffdom of Lothian and Borders, one of the six sheriffdoms covering the whole of Scotland. The sheriffdom employs a number of legally qualified sheriffs wh ...

, and Sheriff of Chancery, in 2002. From 2001 to 2002, he was Arthur Goodhart Visiting Professor in Legal Science at the

Faculty of Law A faculty is a division within a university or college comprising one subject area or a group of related subject areas, possibly also delimited by level (e.g. undergraduate). In American usage such divisions are generally referred to as colleges ...

of the

University of Cambridge , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...

, and from 2003 to 2005, was a member of the Judicial Studies Committee and Chairman of the Sheriff Court Rules Council. He was a member of the editorial board of the Criminal Law Review from 2001 until his death. In 2005, he was appointed a

, a judge 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 ...

and

High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...

, the Supreme Courts of Scotland.

Publications

*''Evidence'', 1987 (Law Society of Scotland) *''Sheriff Court Practice'', 1988 (W. Green) *''The Laws of Scotland: Stair Memorial Encyclopaedia'', 1990 (Law Society of Scotland), Vol. 10, Title on Evidence

Personal life

Lord Macphail married Rosslyn Graham Lillias in 1970, with whom he had a son and a daughter. He was a Commissioner of the

Northern Lighthouse Board The Northern Lighthouse Board (NLB) is the general lighthouse authority for Scotland and the Isle of Man. It is a non-departmental public body responsible for marine navigation aids around coastal areas. History The NLB was formed by Act of P ...

between 2002 and 2005. He received an honorary

LL.D. Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the early ...

from the

in 1992. He was a member of the

New Club The New Club is a private social club in the New Town area of Edinburgh, Scotland. Founded in 1787, it is Scotland's oldest club. The club occupied premises on St Andrew Square from 1809 until 1837, when it moved to purpose-built rooms on ...

. Lord Macphail died after a long illness on 21 October 2009.

References

{{DEFAULTSORT:Macphail, Iain Duncan 1938 births 2009 deaths People educated at George Watson's College Academics of the University of Edinburgh Academics of the University of Glasgow Academics of the University of Strathclyde Alumni of the University of Edinburgh Alumni of the University of Glasgow Scottish King's Counsel 20th-century King's Counsel Macphail Members of the Faculty of Advocates

Early life

Legal career

Publications

Personal life

See also

References