Charles Eliot Jauncey, Baron Jauncey of Tullichettle, PC (8 May 1925 – 18 July 2007) was a British judge and advocate. He was often praised as one of the finest legal minds of his generation in Scotland, and his legal opinions - both as a practising advocate and as a judge - commanded immense respect.

Early life and career

Jauncey was the son of

Captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...

John Henry Jauncey, who came out of retirement to command destroyers in the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, and Muriel Dundas, daughter of Admiral Sir Charles Dundas. He was educated at Radley College, leaving in 1943 to join the

Royal Naval Volunteer Reserve Royal may refer to: People * Royal (name), a list of people with either the surname or given name * A member of a royal family Places United States * Royal, Arkansas, an unincorporated community * Royal, Illinois, a village * Royal, Iowa, a cit ...

. He served in Egypt and India in the

, from 1943 to 1946, reaching the rank of

Sub-Lieutenant Sub-lieutenant is usually a junior officer rank, used in armies, navies and air forces. In most armies, sub-lieutenant is the lowest officer rank. However, in Brazil, it is the highest non-commissioned rank, and in Spain, it is the second high ...

. He contracted

polio Poliomyelitis, commonly shortened to polio, is an infectious disease caused by the poliovirus. Approximately 70% of cases are asymptomatic; mild symptoms which can occur include sore throat and fever; in a proportion of cases more severe s ...

in Ceylon and was invalided home, being left with a slight limp for the rest of his life. He read law at

Christ Church, Oxford Christ Church ( la, Ædes Christi, the temple or house, '' ædēs'', of Christ, and thus sometimes known as "The House") is a constituent college of the University of Oxford in England. Founded in 1546 by King Henry VIII, the college is uniqu ...

, graduating with a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...

degree in

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

in 1947, and at 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 , ...

, where he received a

Bachelor of Laws 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 ...

degree in 1949. He became an

advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...

of the

Scottish Bar 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 1949, joining the Faculty of Advocates. He undertook a wide range of civil legal work, but his practice concentrated mostly on wills, trusts and estates. He became a standing junior counsel to the Ministry of Works in Scotland in 1953, and standing junior counsel to

the Admiralty The Admiralty was a department of the Government of the United Kingdom responsible for the command of the Royal Navy until 1964, historically under its titular head, the Lord High Admiral – one of the Great Officers of State. For much of it ...

in 1954. Supporting Ian Fraser QC (later Lord Fraser of Tullybelton), he was junior counsel to Margaret Campbell, Duchess of Argyll, from 1959 to 1963 in the notorious divorce action brought by her husband,

Ian Campbell, 11th Duke of Argyll Ian Douglas Campbell, 11th and 4th Duke of Argyll (18 June 1903 – 7 April 1973), was a Scottish peer and the Chief of Clan Campbell ( gd, MacCailein Mòr). He is chiefly remembered for his unhappy marriage to, and scandalous 1963 divorce fro ...

, alleging her

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

, which broke new ground in the law of confidentiality. He took silk becoming a

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 ...

for

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...

in 1963. He was part-time Sheriff Principal of Fife and Kinross from 1971 to 1974, resigning to continue his legal practice when the position became full-time. He was a Judge of the

Courts of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

Jersey Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west F ...

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 ...

from 1972 to 1979.

Judicial career

He became 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); ...

in Scotland in 1979. Amongst other cases, he sat in two particularly long-running cases: ''McColl v. Strathclyde Regional Council'' 983SC 225, a 203-day hearing contesting the mandatory fluoridation of the water supply in Glasgow, and ''Santa Fe v. Heerama'', a patent infringement case relating to semi-submersible drilling platforms in the North Sea which settled after 191 days in court. He held this post until 1988, when he became a

Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...

. He was appointed to the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

and was created a

life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...

with the title Baron Jauncey of Tullichettle, of Comrie in the District of

Perth and Kinross Perth and Kinross ( sco, Pairth an Kinross; gd, Peairt agus Ceann Rois) is one of the 32 council areas of Scotland and a Lieutenancy Area. It borders onto the Aberdeenshire, Angus, Argyll and Bute, Clackmannanshire, Dundee, Fife, Highland and S ...

. He also sat on the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

. He retired in 1996, but the Queen appointed him a special commissioner and arbitrator in 1998 to determine a dispute between the Dean of

Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the United ...

and its dismissed organist, Dr Martin Neary and Mrs Neary. He was chairman of the House of Lords Committee in 2001-2 that investigated the

crash Crash or CRASH may refer to: Common meanings * Collision, an impact between two or more objects * Crash (computing), a condition where a program ceases to respond * Cardiac arrest, a medical condition in which the heart stops beating * Couch su ...

of the RAF Chinook helicopter ZD576 in the

Mull of Kintyre The Mull of Kintyre is the southwesternmost tip of the Kintyre Peninsula (formerly ''Cantyre'') in southwest Scotland. From here, the Antrim coast of Northern Ireland is visible on a calm and clear day, and a historic lighthouse, the second ...

in 1994 that killed all 29 on board. He continued to be active in the House of Lords after his retirement, until a stroke in November 2004. He twice caught MRSA while recuperating at Perth Royal Infirmary. Outside the law, Jauncey became a member of the

Royal Company of Archers The Royal Company of Archers, The King's Bodyguard for Scotland is a ceremonial unit that serves as the Sovereign's bodyguard in Scotland—a role it has performed since 1822 during the reign of King George IV when the company provided a perso ...

in 1951. His interest in genealogy led to his appointment as Kintyre Pursuivant of Arms from 1955 to 1971. He was also a member of the Historic Buildings Council for Scotland from 1972 to 1992 and he was chairman of the influential Edinburgh conservation body the Cockburn Association from 1975 to 1978. He enjoyed fishing in the rivers of Perthsire. He lived in Tullichettle, near

Comrie Comrie may refer to: Places *Comrie (crater), a lunar crater *Comrie, Fife, a village in Fife, Scotland *Comrie, Perth and Kinross, a village and parish in Strathearn, Scotland People with the surname *Aaron Comrie (born 1997), Scottish footballer ...

in Perthshire, for 60 years, and was a member of his local

Episcopal Episcopal may refer to: *Of or relating to a bishop, an overseer in the Christian church *Episcopate, the see of a bishop – a diocese *Episcopal Church (disambiguation), any church with "Episcopal" in its name ** Episcopal Church (United State ...

church. He died in Comrie.

Personal life

He married three times. He first married Jean Cunninghame Graham, daughter of Admiral Sir

Angus Cunninghame Graham Admiral Sir Angus Edward Malise Bontine Cunninghame Graham of Gartmore and Ardoch (16 February 1893 – 14 February 1981) was a Royal Navy officer who became Flag Officer, Scotland. Naval career Educated at Ascham St. Vincent's School, Cunning ...

, in 1948. They had two sons, Jamie and Simon, and a daughter, Arabella. After their divorce in 1969, he married Elizabeth Ballingal, widow of Major John Ballingal, in 1973. After a second divorce in 1977, he married a third time, to Camilla Cathcart, daughter of Lieutenant-Colonel Charles Cathcart, later that year. They had one daughter, Cressida.

Arms

References

*
''The Daily Telegraph'' Obituary, 21 July 2007

''The Independent'' Obituary, 23 July 2007

''The Times'' Obituary, 24 July 2007

{{DEFAULTSORT:Jauncey, Charles 1925 births 2007 deaths Alumni of Christ Church, Oxford Alumni of the University of Glasgow Jauncey of Tullichettle Members of the Faculty of Advocates Members of the Judicial Committee of the Privy Council Members of the Privy Council of the United Kingdom Members of the Royal Company of Archers People educated at Radley College 20th-century King's Counsel Royal Navy officers Royal Naval Volunteer Reserve personnel of World War II Jauncey of Tullichettle Scottish officers of arms Scottish King's Counsel Scottish sheriffs