Matthew Clarke, Lord Clarke
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Matthew Gerard Clarke, Lord Clarke, PC was a
Senator of the College of Justice The senators of the College of Justice in Scotland 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 ...
, a judge of 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, ...
, sitting in the
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 C ...
and the
Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...
of the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
.


Early life

Matthew Gerard Clarke was educated at Holy Cross High School
Hamilton Hamilton may refer to: * Alexander Hamilton (1755/1757–1804), first U.S. Secretary of the Treasury and one of the Founding Fathers of the United States * ''Hamilton'' (musical), a 2015 Broadway musical by Lin-Manuel Miranda ** ''Hamilton'' (al ...
, and studied at the
University of Glasgow The University of Glasgow (abbreviated as ''Glas.'' in Post-nominal letters, post-nominals; ) is a Public university, public research university in Glasgow, Scotland. Founded by papal bull in , it is the List of oldest universities in continuous ...
( M.A., LL.B.). He was admitted as a solicitor in 1972, and lectured in the
School of Law A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for bec ...
of the
University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...
from 1972 to 1978, when 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 const ...
. He was Standing Junior Counsel to the Scottish Home and Health Department from 1983 to 1989, in which year he was appointed
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
. He served as a Judge of the Courts of Appeal of Jersey and Guernsey from 1995 to 2000. He was a member of the Consumer Credit Licensing Appeal Tribunal from 1976 to 2000, of the Estate Agents Tribunals from 1980 to 2000, and of the Trademarks Tribunal from 1995 to 2000, and was part-time Chairman of the Industrial Tribunals from 1987 to 2000. He was a member of the UK Delegation to the Council of the Bars and Law Societies of Europe from 1989 to 1999, serving as its Leader from 1992 to 1996 He was appointed an Honorary Fellow of the Europa Institute at the
University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...
in 1995.


Publications

Lord Clarke was the Scottish Editor of
Sweet & Maxwell Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British ...
's ''Encyclopaedia of Consumer Law'' (1980), and has contributed to other publications, including: *''Corporate Law: the European dimension'' (1991) *''Butterworth's EC Legal Systems'' (1992) *''Green's Guide to European Laws in Scotland'' (1995) * McPhail, ''Sheriff Court Practice'' (1999) *''A True European: essays for Judge David Edward'' (2004) *''Court of Session Practice'' (2005)


The Bench

Clarke was appointed a
Senator of the College of Justice The senators of the College of Justice in Scotland 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 ...
, a judge of the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
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 C ...
, 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, ...
, in 2000, taking the judicial title, Lord Clarke. In 2007, Lord Clarke's decision to throw out the charges in the case of the World's End murders provoked a statement in the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
by
Lord Advocate His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...
Elish Angiolini Lady Elish Frances Angiolini (; born 24 June 1960"Angiolini, Elish Frances" in ''Who's Who (UK), Who's Who'', A & C Black.) is a Scottish lawyer currently serving as Lord Clerk Register, the first woman to hold the role since its creation in th ...
, resulting in a public dispute between her and the
Lord Justice General Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
, Lord Hamilton. Lord Clarke was principal commercial judge in the Court of Session before being promoted to the
Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...
of the Court of Session in 2008, being at the time sworn to the Privy Council. He was a member of the Lands Valuation Appeal Court. He sat on the Bench of the
UK Supreme Court The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases ...
during the illness of Lord Rodger of Earlsferry, along with Lord Reed.


See also

*
List of Senators of the College of Justice The senators of the College of Justice in Scotland 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 ...


References

{{DEFAULTSORT:Clarke, Matthew Living people Alumni of the University of Glasgow Scottish solicitors Academics of the University of Edinburgh 20th-century King's Counsel Clarke Members of the Privy Council of the United Kingdom Members of the Faculty of Advocates People educated at Holy Cross High School, Hamilton Judiciary of Jersey Year of birth missing (living people) Place of birth missing (living people)