Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

and

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...

, who served as a

Law Lord 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 ...

until his retirement in 1986.

Early life and education

Scarman was born in

Streatham Streatham ( ) is a district in south London, England. Centred south of Charing Cross, it lies mostly within the London Borough of Lambeth, with some parts extending into the neighbouring London Borough of Wandsworth. Streatham was in Surrey ...

but grew up on the border of

Sussex Sussex (), from the Old English (), is a historic county in South East England that was formerly an independent medieval Anglo-Saxon kingdom. It is bounded to the west by Hampshire, north by Surrey, northeast by Kent, south by the English ...

and

Surrey Surrey () is a ceremonial and non-metropolitan county in South East England, bordering Greater London to the south west. Surrey has a large rural area, and several significant urban areas which form part of the Greater London Built-up Area. ...

. He won scholarships to

Radley College Radley College, formally St Peter's College, Radley, is a public school (independent boarding school for boys) near Radley, Oxfordshire, England, which was founded in 1847. The school covers including playing fields, a golf course, a lake, and ...

and then

Brasenose College, Oxford Brasenose College (BNC) is one of the constituent colleges of the University of Oxford in the United Kingdom. It began as Brasenose Hall in the 13th century, before being founded as a college in 1509. The library and chapel were added in the mi ...

, where he read Classics, graduating in 1932 with a First.

Legal career

He was called to the bar at the

Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...

in 1936. He remained briefless until

World War II 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 ...

, which he spent in the

Royal Air Force The Royal Air Force (RAF) is the United Kingdom's air and space force. It was formed towards the end of the First World War on 1 April 1918, becoming the first independent air force in the world, by regrouping the Royal Flying Corps (RFC) and ...

as a staff officer in England, North Africa, and then continental Europe. He was present with

Arthur Tedder Marshal of the Royal Air Force Arthur William Tedder, 1st Baron Tedder, (11 July 1890 – 3 June 1967) was a senior Royal Air Force commander. He was a pilot and squadron commander in the Royal Flying Corps in the First World War and he went o ...

when

Alfred Jodl Alfred Josef Ferdinand Jodl (; 10 May 1890 – 16 October 1946) was a German ''Generaloberst'' who served as the chief of the Operations Staff of the '' Oberkommando der Wehrmacht'' – the German Armed Forces High Command – throughout World ...

surrendered at

Reims Reims ( , , ; also spelled Rheims in English) is the most populous city in the French department of Marne, and the 12th most populous city in France. The city lies northeast of Paris on the Vesle river, a tributary of the Aisne. Founded by ...

. He was appointed an

Officer of the Order of the British Empire The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...

(OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as

Fountain Court Chambers Fountain Court Chambers is a set of commercial barristers based in the Temple in London and with offices in Singapore. It has 95 full members (in addition to door tenants), of whom 41 are silks. It is in the Magic Circle. The present Head of ...

, and in the late 1940s and early 1950s he started to build the chambers' reputation for commercial litigation, together with

Alan Orr Alan Orr is a Scottish actor, musician and singer, born in Paisley. Orr has appeared in ''Postmortem'' with Charlie Sheen, Nickelodeon's ''LOL: Laugh Out Loud'' and STV's ''The Silly Billys'' as well as narrating the Scottish Television seri ...

and

Melford Stevenson Sir Aubrey Melford Steed Stevenson (17 October 1902 – 26 December 1987), usually known as Sir Melford Stevenson, was an English barrister and, later, a High Court judge, whose judicial career was marked by his controversial conduct and ...

, supported by a notable clerk, Cyril Batchelor. He became 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 ...

in 1957. Scarman was appointed a High Court judge in 1961, assigned to the

Probate, Divorce and Admiralty Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...

, transferring to the

Family Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...

when the latter was created in 1971. On his appointment he received the customary

knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the Gr ...

. He joined the

Court 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 t ...

in 1973, and was sworn of the Privy Council. On 30 September 1977, Scarman was made 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 ...

, becoming Baron Scarman, of

Quatt Quatt is a small village in Shropshire, England in the Severn Valley. The civil parish, formally known as Quatt Malvern, has a population of 219 according to the 2001 census, reducing to 200 at the 2011 census. It lies on the A442 south of Brid ...

in the

County of Shropshire Shropshire (; alternatively Salop; abbreviated in print only as Shrops; demonym Salopian ) is a landlocked historic county in the West Midlands region of England. It is bordered by Wales to the west and the English counties of Cheshire to t ...

. He served in the Lords until his retirement in 1986. He was appointed head of the

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

from 1965 to 1973, during which time 27 Commission-inspired statutes were made law. As a judge, Scarman's career had some controversial decisions. Although widely regarded as a liberal, he upheld the

blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...

conviction of ''

Gay News ''Gay News'' was a fortnightly newspaper in the United Kingdom founded in June 1972 in a collaboration between former members of the Gay Liberation Front and members of the Campaign for Homosexual Equality (CHE). At the newspaper's height, circul ...

'' (1979), punctured the GLC's ''

Fares Fair Fares Fair was a public policy advocated by the Labour Party administration of the Greater London Council (GLC), then led by Ken Livingstone. The policy of low public transport fares was implemented in 1981, but was later ruled to be illega ...

'' low-cost public transport policy (1981), and supported the banning of

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...

s at

GCHQ Government Communications Headquarters, commonly known as GCHQ, is an intelligence and security organisation responsible for providing signals intelligence (SIGINT) and information assurance (IA) to the government and armed forces of the Unit ...

(1985). He is best known for chairing the

public inquiry A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Republic of Ireland, Ireland, Australia and Canada, such a public inquiry differs from a royal ...

on the causes of the

race riot This is a list of ethnic riots by country, and includes riots based on ethnic, sectarian, xenophobic, and racial conflict. Some of these riots can also be classified as pogroms. Africa Americas United States Nativist period: 1700s� ...

s in Brixton in 1981. He also chaired inquiries into the Northern Ireland riots of August 1969 (1969–1972), the

Red Lion Square disorders Kevin Gately (18 September 1953 – 15 June 1974) was a second-year student of mathematics at the University of Warwick who died as the result of a head injury received in the Red Lion Square disorders in London; it is not known if the injury wa ...

(1975) and the

Grunwick dispute The Grunwick dispute was a British industrial dispute involving trade union recognition at the Grunwick Film Processing Laboratories in Chapter Road, Dollis Hill in the London suburb of Willesden, that led to a two-year strike between 1976 and 197 ...

(1977).

Later life

After entering the House of Lords the more liberal aspects of his character dominated – he was chancellor of the

University of Warwick The University of Warwick ( ; abbreviated as ''Warw.'' in post-nominal letters) is a public research university on the outskirts of Coventry between the West Midlands (county), West Midlands and Warwickshire, England. The university was founded i ...

and president of the British Institute of Human Rights, and worked on behalf of the

Prince's Trust The Prince's Trust ( cy, Ymddiriedolaeth y Tywysog) is a charity in the United Kingdom founded in 1976 by King Charles III (then Prince of Wales) to help vulnerable young people get their lives on track. It supports 11-to-30-year-olds who are u ...

, the

Birmingham Six The Birmingham Six were six Irishmen who were each sentenced to life imprisonment in 1975 following their false convictions for the 1974 Birmingham pub bombings. Their convictions were declared unsafe and unsatisfactory and quashed by the Cou ...

, and

Charter 88 Charter 88 was a British pressure group that advocated constitutional and electoral reform and owes its origins to the lack of a written constitution. It began as a special edition of the ''New Statesman'' magazine in 1988 and it took its name f ...

among many other projects. Scarman was elected to the

American Philosophical Society The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...

in 1983. In 1991 he set up the Scarman Trust. He married Ruth Wright in 1947, with whom he had one son. He died in 2004 at his home in

Westgate-on-Sea Westgate-on-Sea is a seaside town and civil parish on the north-east coast of Kent, England. It is within the Thanet local government district and borders the larger seaside resort of Margate. Its two sandy beaches have remained a popular touri ...

Notable judgments

* '' Whitehouse v. Lemon v. News Ltd. on Appeal from Regina v. Lemon''

979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...

2 WLR 281Lawindexpro: case report
/ref> * ''

Pao On v. Lau Yiu Long ''Pao On v. Lau Yiu Long'' 979UKPC 17is a contract law appeal case from the Supreme Court of Hong Kong">Court of Appeal of Hong Kong decided by the Judicial Committee of the Privy Council, concerning Consideration (law), consideration and duress ...

980 Year 980 ( CMLXXX) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) a ...

AC 614 * ''

Sidaway v Board of Governors of the Bethlem Royal Hospital ''Sidaway v Board of Governors of the Bethlem Royal Hospital'' 985AC 871 is an important House of Lords case in English tort law, specifically medical negligence, concerning the duty of a surgeon to inform a patient of the risks before undergoing ...

985 Year 985 (Roman numerals, CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Henry II, Duke of Bavaria, Henry II (the Wrangler) is rest ...

AC 871

In popular culture

Scarman appeared in the final episode of series one of the

BBC1 BBC One is a British free-to-air public broadcast television network owned and operated by the BBC. It is the corporation's flagship network and is known for broadcasting mainstream programming, which includes BBC News television bulletins, ...

drama '' Ashes to Ashes'', played by

Geoffrey Palmer Geoffrey Palmer may refer to: Politicians *Sir Geoffrey Palmer, 1st Baronet (1598–1670), English lawyer and politician *Sir Geoffrey Palmer, 3rd Baronet (1655–1732), English politician, Member of Parliament (MP) for Leicestershire *Geoffrey Pal ...

References

External links

BBC News on the Scarman Report
''(

The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...

)'' {{DEFAULTSORT:Scarman, Leslie 1911 births 2004 deaths Members of the Privy Council of the United Kingdom Law lords 20th-century English judges Officers of the Order of the British Empire Alumni of Brasenose College, Oxford People educated at Radley College Chancellors of the University of Warwick Family Division judges Royal Air Force personnel of World War II Members of the Judicial Committee of the Privy Council Senior Lords of Appeal in Ordinary People from Streatham Knights Bachelor Probate, Divorce and Admiralty Division judges People from Westgate-on-Sea Members of the American Philosophical Society