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 A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

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 * Independe ...

George Watson’s College,

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 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. 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 constit ...

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 School of Law 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 char ...

, and from 1969 to 1972, held the same position at the School of Law of the

Legal career

From 1971 to 1973, Macphail served as Standing Junior Counsel to

Scottish Home and Health Department The Scottish Office was a department of the Government of the United Kingdom 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. Following the es ...

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. Hi ...

. 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 pop ...

. 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 o ...

. 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 countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...

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

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 The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, a ...

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 ...

between 2002 and 2005. He received an

honorary An honorary position is one given as an honor, with no duties attached, and without payment. Other uses include: * Honorary Academy Award, by the Academy of Motion Picture Arts and Sciences, United States * Honorary Aryan, a status in Nazi Germany ...

LL.D. from the

in 1992. He was a member of the New Club. 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