Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British 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 ...
who was successively
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
,
Lord Chief Justice
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 ...
and
Senior 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 o ...
. He was described as the greatest lawyer of his generation.
Baroness Hale of Richmond
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...
observed that his pioneering role in the formation of the
United Kingdom Supreme Court
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United ...
may be his most important and long-lasting legacy.
[Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) p 209.] Lord Phillips of Worth Matravers
Nicholas Addison Phillips, Baron Phillips of Worth Matravers, (born 21 January 1938) is a British former senior judge.
Phillips was the inaugural President of the Supreme Court of the United Kingdom, holding office between October 2009 and Oc ...
regarded Bingham as "one of the two great legal figures of my lifetime in the law" (the other figure, in context, being
Lord Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
).
[Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) xlvii.] David Hope, Baron Hope of Craighead
James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously be ...
described Bingham as "the greatest jurist of our time".
After retiring from the judiciary in 2008, Bingham focused on teaching, writing, and lecturing on legal subjects, particularly the law of
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
. His book, ''The Rule of Law'', was published in 2010 and he was posthumously awarded the 2011
Orwell Prize
The Orwell Prize, based at University College London, is a British prize for political writing. The Prize is awarded by The Orwell Foundation, an independent charity (Registered Charity No 1161563, formerly "The Orwell Prize") governed by a boa ...
for literature. The British Institute of International and Comparative Law named the ''Bingham Centre for the Rule of Law'' in his honour.
Early life
Bingham was born at
Marylebone
Marylebone (usually , also , ) is a district in the West End of London, in the City of Westminster. Oxford Street, Europe's busiest shopping street, forms its southern boundary.
An Civil parish#Ancient parishes, ancient parish and latterly a ...
in London. His parents, Thomas Henry (1901–1981) and Catherine Bingham (''née'' Watterson; 1903–1989), practised as
doctor
Doctor or The Doctor may refer to:
Personal titles
* Doctor (title), the holder of an accredited academic degree
* A medical practitioner, including:
** Physician
** Surgeon
** Dentist
** Veterinary physician
** Optometrist
*Other roles
** ...
s in
Reigate
Reigate ( ) is a town status in the United Kingdom, town in Surrey, England, around south of central London. The settlement is recorded in Domesday Book in 1086 as ''Cherchefelle'' and first appears with its modern name in the 1190s. The earlie ...
,
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. ...
. His father was born in
Belfast
Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdo ...
, a kinsman of the
Earls of Lucan
Earl of Lucan is a title which has been created twice in the Peerage of Ireland for related families.
History
Patrick Sarsfield, 1st Earl of Lucan, Patrick Sarsfield was one of the senior commanders of James II of England, James VII & II ...
; his mother was from
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
before being raised on the
Isle of Man
)
, anthem = "O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
.
He was educated at The Hawthorns prep school at
Bletchingley
Bletchingley (historically "Blechingley") is a village in Surrey, England. It is on the A25 road to the east of Redhill and to the west of Godstone, has a conservation area with medieval buildings and is mostly on a wide escarpment of the Gr ...
,
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. ...
, where he was Head Boy, and then from 1947 the Cumbrian public school
Sedbergh School
Sedbergh School is a public school (English independent day and boarding school) in the town of Sedbergh in Cumbria, in North West England. It comprises a junior school for children aged 4 to 13 and the main school for 13 to 18 year olds. It w ...
(Winder House), where he was described as the "brightest boy in 100 years". He enjoyed history, took up
fell-walking
Walking is one of the most popular outdoor recreational activities in the United Kingdom, and within England and Wales there is a comprehensive network of rights of way that permits access to the countryside. Furthermore, access to much uncultiv ...
, and developed a strong attachment to the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
; he was a Head of House and a School Prefect. He won an open scholarship to
Balliol College, Oxford
Balliol College () is one of the constituent colleges of the University of Oxford in England. One of Oxford's oldest colleges, it was founded around 1263 by John I de Balliol, a landowner from Barnard Castle in County Durham, who provided the f ...
, first undertaking
National Service
National service is the system of voluntary government service, usually military service. Conscription is mandatory national service. The term ''national service'' comes from the United Kingdom's National Service (Armed Forces) Act 1939.
The l ...
from 1952 to 1954, as a
second lieutenant
Second lieutenant is a junior commissioned officer military rank in many armed forces, comparable to NATO OF-1 rank.
Australia
The rank of second lieutenant existed in the military forces of the Australian colonies and Australian Army until ...
in the
Royal Ulster Rifles
The Royal Irish Rifles (became the Royal Ulster Rifles from 1 January 1921) was an infantry rifle regiment of the British Army, first created in 1881 by the amalgamation of the 83rd (County of Dublin) Regiment of Foot and the 86th (Royal County ...
serving in Hong Kong. He enjoyed his time in the
Army
An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
and considered pursuing a military career before opting to serve in the
Territorial Army for the next five years.
He went up to Oxford in 1954 and initially read
Philosophy, Politics, and Economics, but after two terms switched to
History
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the History of writing#Inventions of writing, invention of writing systems is considered prehistory. "History" is an umbr ...
. He was awarded one of the first Coolidge Pathfinder Awards and spent the summer of 1955 in the US. He entered
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
during his second year at
Oxford
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
, with a view to becoming a
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 ...
. He was elected President of
Balliol Junior Common Room
A common room is a group into which students and the academic body are organised in some universities in the United Kingdom and Ireland—particularly collegiate universities such as Oxford and Cambridge, as well as the University of Bristol ...
in his third year. He won the Gibbs Prize for Modern History in 1957 and was awarded first-class honours in finals. He also tried, unsuccessfully, for fellowship by examination at
All Souls College
All Souls College (official name: College of the Souls of All the Faithful Departed) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full members of t ...
. After graduation, he read for
the Bar as
Eldon Law Scholar and achieved a Certificate of Honour, coming top of Bar finals in 1959.
In 1963 he married Elizabeth Loxley, a
Somerville
Somerville may refer to:
*Somerville College, Oxford, a constituent college of the University of Oxford
Places
*Somerville, Victoria, Australia
* Somerville, Western Australia, a suburb of Kalgoorlie, Australia
* Somerville, New Zealand, a subur ...
graduate whose great-uncle was
Major Gerald Loxley, of the Loxley family of
Northcott Court, Hertfordshire; they had one daughter Catherine Elizabeth (born 1965), known as
Kate Kate name may refer to:
People and fictional characters
* Kate (given name), a list of people and fictional characters with the given name or nickname
* Gyula Káté (born 1982), Hungarian amateur boxer
* Lauren Kate (born 1981), American autho ...
, and two sons Thomas Henry (Harry, born 1967) and Christopher Toby (Kit, born 1969). Their only daughter,
Kate Bingham
Dame Catherine Elizabeth Bingham (born 19 October 1965), known as Kate Bingham, is a British venture capitalist. She is a managing partner at a venture capital firm, SV Health Investors.
In 2020, Bingham chaired the UK Government's Vaccine T ...
, has been married since 1992 to
Jesse Norman
Alexander Jesse Norman (born 23 June 1962) is a British Conservative Party politician serving as Minister of State for Decarbonisation and Technology since October 2022. He previously served as Minister of State for the Americas and the Overs ...
,
MP, then Conservative government minister.
In 1965 Bingham and his wife Elizabeth acquired a cottage at Cornhill, near
Boughrood
Boughrood ( cy, Bochrwyd) is a village in the community of Glasbury in Powys, Wales.
Historically in Radnorshire, the village is situated near the River Wye between Hay-on-Wye and Builth Wells.
The River Wye passes to the west and north of th ...
in
Powys
Powys (; ) is a Local government in Wales#Principal areas, county and Preserved counties of Wales, preserved county in Wales. It is named after the Kingdom of Powys which was a Welsh succession of states, successor state, petty kingdom and princi ...
; he died there in 2010.
Early career
Bingham was
called to the Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
by
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
, and was a pupil barrister under Judge Owen Stable QC in the chambers of
Leslie Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986.
Early life and education
Scarman was born in Streatham but grew up on the borde ...
at 2 Crown Office Row, which later moved to
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 ...
: within a few months, he was invited to become a
tenant
Tenant may refer to:
Real estate
*Tenant, the holder of a leasehold estate in real estate
*Tenant-in-chief, in feudal land law
*Tenement (law), the holder of a legal interest in real estate
*Tenant farmer
*Anchor tenant, one of the larger stores ...
at the chambers. He took silk in 1972, becoming
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 ...
aged just 38 and the youngest that year, having served as
Standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
Counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
at the
Department of Employment
The Secretary of State for Employment was a position in the Cabinet of the United Kingdom. In 1995 it was merged with Secretary of State for Education to make the Secretary of State for Education and Employment. In 2001 the employment functions ...
for four years from 1968. He was Counsel to the judicial inquiry into an
explosion at a chemical plant at Flixborough in 1974 which killed 28 people. In 1977, when still at the Bar, he rose to public attention when he was appointed by the then-Foreign Secretary
Dr. David Owen to head a public enquiry into alleged breaches of
UN sanctions by oil companies in
Rhodesia
Rhodesia (, ), officially from 1970 the Republic of Rhodesia, was an unrecognised state in Southern Africa from 1965 to 1979, equivalent in territory to modern Zimbabwe. Rhodesia was the ''de facto'' successor state to the British colony of S ...
.
He was appointed a
Recorder
Recorder or The Recorder may refer to:
Newspapers
* ''Indianapolis Recorder'', a weekly newspaper
* ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US
* ''The Recorder'' (Port Pirie), a news ...
in 1975, and became a
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
of
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
in 1978. He was promoted
High Court Judge of the
Queen’s Bench Division in April 1980, aged 46, and assigned to the
Commercial Court, receiving 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 was further promoted to 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 1986, joining 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 ...
. In 1991 he led a high-profile inquiry into the collapse of the
Bank of Credit and Commerce International
The Bank of Credit and Commerce International (BCCI) was an international bank founded in 1972 by Agha Hasan Abedi, a Pakistani financier. The bank was registered in Luxembourg with head offices in Karachi and London. A decade after opening, BCC ...
(BCCI).
Senior judicial career
![Middlesex Guildhall, Parliament Square - geograph](https://upload.wikimedia.org/wikipedia/commons/e/eb/Middlesex_Guildhall%2C_Parliament_Square_-_geograph.org.uk_-_1229272.jpg)
Bingham succeeded
Lord Donaldson as
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
in 1992 and initiated significant reforms, including a move towards the replacement of certain oral hearings in major civil law cases. He was one of the first senior judges to give public support to incorporation of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
into
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
, which ultimately came about with the passing of the
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...
. Bingham was appointed
Lord Chief Justice of England and Wales
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 ...
in 1996, following
Lord Taylor. In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, he was the highest-ranking judge in regular courtroom service; he was personally responsible for adding "and Wales" to the title of the office.
He 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 ...
as Baron Bingham of Cornhill, of
Boughrood
Boughrood ( cy, Bochrwyd) is a village in the community of Glasbury in Powys, Wales.
Historically in Radnorshire, the village is situated near the River Wye between Hay-on-Wye and Builth Wells.
The River Wye passes to the west and north of th ...
in the County of
Powys
Powys (; ) is a Local government in Wales#Principal areas, county and Preserved counties of Wales, preserved county in Wales. It is named after the Kingdom of Powys which was a Welsh succession of states, successor state, petty kingdom and princi ...
, on 4 June 1996,. He continued as Lord Chief Justice until 2000 when he was appointed
Senior 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 o ...
. This position had customarily been held by the longest-serving
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 o ...
. Bingham was followed in the office of
Lord Chief Justice
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 ...
by
Lord Woolf
Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional R ...
, who had succeeded him as
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
in 1996.
Bingham was a strong advocate of divorcing the judicial branch of the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
from its legislative functions by setting up a new
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
, which was accomplished under the
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
. The title of the office he held was redesignated as "President of the Supreme Court" upon that court's establishment in October 2009, after Bingham had retired in July 2008. He is understood to have been "very sorry" not to serve as its inaugural
president
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
.
Bingham oversaw an increasing workload of constitutional affairs after
Scottish devolution
Devolution is the process in which the central British parliament grants administrative powers (excluding principally reserved matters) to the devolved Scottish Parliament. Prior to the advent of devolution, some had argued for a Scottish Parl ...
, and human rights matters after the Human Rights Act came into force, and assembled the first nine-judge panels for important cases since 1910, including the ''
Belmarsh Case'' in December 2004 which reviewed the regime for indefinite detention of foreign nationals suspected of involvement in
terrorism
Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
who could not be deported due to the risk of torture in their home countries, holding that the regimes might breach the
Human Rights Act.
Bingham was one of two Law Lords to dissent from the decision to overturn the High Court and Court of Appeal decisions to quash an
Order-in-Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...
, dismissing all impediments to the rights of the
Chagos Islanders to return home. Bingham also presided over various decisions of 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 ...
upholding the finding that death penalties in
Belize
Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a wate ...
,
St Lucia
Saint Lucia ( acf, Sent Lisi, french: Sainte-Lucie) is an island country of the West Indies in the eastern Caribbean. The island was previously called Iouanalao and later Hewanorra, names given by the native Arawaks and Caribs, two Amerindia ...
,
St Kitts
Saint Kitts, officially the Saint Christopher Island, is an island in the West Indies. The west side of the island borders the Caribbean Sea, and the eastern coast faces the Atlantic Ocean. Saint Kitts and the neighbouring island of Nevis cons ...
and the
Bahamas
The Bahamas (), officially the Commonwealth of The Bahamas, is an island country within the Lucayan Archipelago of the West Indies in the Atlantic Ocean, North Atlantic. It takes up 97% of the Lucayan Archipelago's land area and is home to ...
were unconstitutional.
Honours
Bingham was awarded the
degree
Degree may refer to:
As a unit of measurement
* Degree (angle), a unit of angle measurement
** Degree of geographical latitude
** Degree of geographical longitude
* Degree symbol (°), a notation used in science, engineering, and mathematics
...
of
Doctor of Civil Law
Doctor of Civil Law (DCL; la, Legis Civilis Doctor or Juris Civilis Doctor) is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws (LLD) degrees.
At Oxford, the degree is a higher ...
''honoris causa'' by the
University of Oxford
, mottoeng = The Lord is my light
, established =
, endowment = £6.1 billion (including colleges) (2019)
, budget = £2.145 billion (2019–20)
, chancellor ...
in 1994. From 2001 to 2008, Bingham held the office of
High Steward of the
University of Oxford
, mottoeng = The Lord is my light
, established =
, endowment = £6.1 billion (including colleges) (2019)
, budget = £2.145 billion (2019–20)
, chancellor ...
, its second-highest office in the academic hierarchy, and in 2003 he came second to Chris Patten (now
Lord Patten) in the election for
Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
. Bingham served as the
Visitor
A visitor, in English and Welsh law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution, often a charitable institution set up for the perpetual distribution of the founder's alms and bounty, who can interve ...
of
Balliol College, Oxford
Balliol College () is one of the constituent colleges of the University of Oxford in England. One of Oxford's oldest colleges, it was founded around 1263 by John I de Balliol, a landowner from Barnard Castle in County Durham, who provided the f ...
, from 1986 to 2010.
Bingham served on the
Advisory Council on Public Records, the
Magna Carta Trust, and the
Royal Commission on Historical Manuscripts
The Royal Commission on Historical Manuscripts (widely known as the Historical Manuscripts Commission, and abbreviated as the HMC to distinguish it from the Royal Commission on the Historical Monuments of England), was a United Kingdom Royal Com ...
. He was a Trustee of the
Pilgrim Trust
The Pilgrim Trust is a national grant-making trust in the United Kingdom. It is based in London and is a registered charity under English law.
It was founded in 1930 with a two million pound grant by Edward Harkness, an American philanthropist. T ...
for 15 years and an
Honorary Fellow
Honorary titles (professor, reader, lecturer) in academia may be conferred on persons in recognition of contributions by a non-employee or by an employee beyond regular duties. This practice primarily exists in the UK and Germany, as well as in m ...
of the
British Academy
The British Academy is the United Kingdom's national academy for the humanities and the social sciences.
It was established in 1902 and received its royal charter in the same year. It is now a fellowship of more than 1,000 leading scholars span ...
from 2003. In 2005, he was advanced from
Knight Bachelor
The title of Knight Bachelor is the basic rank granted to a man who has been knighted by the monarch but not inducted as a member of one of the organised orders of chivalry; it is a part of the British honours system. Knights Bachelor are the ...
to
the Garter, an honour in the personal gift of the Sovereign and seldom bestowed upon
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 ...
s, being installed as a
Knight of the Garter
The Most Noble Order of the Garter is an order of chivalry founded by Edward III of England in 1348. It is the most senior order of knighthood in the British honours system, outranked in precedence only by the Victoria Cross and the George ...
with
Lady Soames
Mary Soames, Baroness Soames, (; 15 September 1922 31 May 2014) was an English author. The youngest of the five children of Winston Churchill and his wife, Clementine, she worked for public organisations including the Red Cross and the Women's ...
and
Sir John Major. He also served as president and chairman of the British Institute of International and Comparative Law, which established in 2010 the Bingham Centre for the Rule of Law in his honour.
On 16 November 2006, Bingham delivered the sixth annual Sir David Williams Lecture, hosted by the Centre for Public Law 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 ...
; this lecture was entitled "The Rule of Law". On 17 January 2008, Bingham presented the annual Hansard Lecture at the
University of Southampton
, mottoeng = The Heights Yield to Endeavour
, type = Public research university
, established = 1862 – Hartley Institution1902 – Hartley University College1913 – Southampton University Coll ...
. On 14 March 2008, Bingham received the
degree
Degree may refer to:
As a unit of measurement
* Degree (angle), a unit of angle measurement
** Degree of geographical latitude
** Degree of geographical longitude
* Degree symbol (°), a notation used in science, engineering, and mathematics
...
of
Doctor of Jurisprudence
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law
and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
''honoris causa'' from the
University of Rome III, after delivering the ''Lectio Magistralis'' at the Faculty of Law entitle
"The Rule of Law"
In 2009, Bingham became involved with
Reprieve, a UK Charity, as well as delivering the fourth annual Jan Grodecki Lecture at the
University of Leicester
, mottoeng = So that they may have life
, established =
, type = public research university
, endowment = £20.0 million
, budget = £326 million
, chancellor = David Willetts
, vice_chancellor = Nishan Canagarajah
, head_labe ...
, entitled ''The House of Lords: Its Future''.
Retirement
Bingham remained active in retirement. On 17 November 2008, in his first major speech since retiring as Senior Law Lord, Bingham, addressing the British Institute of International and Comparative Law, disputed the legality of the
2003 invasion of Iraq
The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...
by the United States, the United Kingdom and other countries. He said that the invasion and occupation of Iraq was "a serious violation of international law", and he accused Britain and the US of acting like a "world vigilante".
In June 2009, Bingham was interviewed by the British legal journalist
Joshua Rozenberg
Joshua Rufus Rozenberg KC (hon) (born 30 May 1950) is a British solicitor, legal commentator, and journalist. Early life and career
He was educated at Latymer Upper School in Hammersmith and Wadham College, University of Oxford, where he took a ...
on the subject of the rule of law in international affairs, an event arranged to raise awareness of the Bingham Centre for the Rule of Law at the British Institute of International and Comparative Law. Bingham's thoughts on this subject, in particular banning of certain weapons in international conflict, were covered by various newspapers ''
The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'' ("Top judge: ''use of drones intolerable''") and ''The
Daily Telegraph
Daily or The Daily may refer to:
Journalism
* Daily newspaper, newspaper issued on five to seven day of most weeks
* ''The Daily'' (podcast), a podcast by ''The New York Times''
* ''The Daily'' (News Corporation), a defunct US-based iPad new ...
'' ("''Unmanned drones could be banned'', says senior judge").
Bingham gav
another interviewconcerning the rule of law and matters pertaining to the
"British Constitution" with the charity, the Constitution Society.
Constitution Society website
consoc.org.uk; accessed 28 March 2016.
His book, ''The Rule of Law'', was published by Allen Lane in 2010; it won the 2011 Orwell Prize
The Orwell Prize, based at University College London, is a British prize for political writing. The Prize is awarded by The Orwell Foundation, an independent charity (Registered Charity No 1161563, formerly "The Orwell Prize") governed by a boa ...
for Literature
Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include ...
.
Death
Diagnosed with lung cancer
Lung cancer, also known as lung carcinoma (since about 98–99% of all lung cancers are carcinomas), is a malignant lung tumor characterized by uncontrolled cell growth in tissue (biology), tissues of the lung. Lung carcinomas derive from tran ...
in 2009 (he was a non-smoker), Bingham died the following year, and is buried at St Cynog's Church at Boughrood
Boughrood ( cy, Bochrwyd) is a village in the community of Glasbury in Powys, Wales.
Historically in Radnorshire, the village is situated near the River Wye between Hay-on-Wye and Builth Wells.
The River Wye passes to the west and north of th ...
in Powys
Powys (; ) is a Local government in Wales#Principal areas, county and Preserved counties of Wales, preserved county in Wales. It is named after the Kingdom of Powys which was a Welsh succession of states, successor state, petty kingdom and princi ...
, Wales. His memorial service
A funeral is a ceremony connected with the final disposition of a corpse, such as a burial or cremation, with the attendant observances. Funerary customs comprise the complex of beliefs and practices used by a culture to remember and respect th ...
was held at 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 ...
on 25 May 2011 with the Adamant New Orleans Marching Band playing ''When the Saints Go Marching In
"When the Saints Go Marching In", often referred to as simply "The Saints", is a traditional black spiritual. It originated as a Christian hymn and is often played by jazz bands. This song was famously recorded on May 13, 1938, by Louis Armstron ...
''.
Judgments
;High Court
*''Bank of Tokyo Ltd v Karoon
''Bank of Tokyo Ltd v Karoon'' 987AC 45 is a conflict of laws case, which also relates to UK company law and piercing the corporate veil.
Facts
The Bank of Tokyo was a Japanese Bank operating in London and a wholly owned subsidiary of the Bank ...
'' 987AC 45n, piercing the corporate veil
;Court of Appeal
*'' Attia v British Gas Plc'' 988QB 304, expanding the scope of psychiatric injury to relate to property
*'' Al-Kandari v JR Brown & Co'' 988QB 665, no duty of care owed by a solicitor to the client's adversary
*''R v Secretary of State, ex parte Factortame Ltd (No 1)
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Irela ...
'' (22 March 1989) part of the Factortame saga establishing the principle of EU law supremacy where the UK has delegated sovereignty under the treaties
*''Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
''Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd'' [1987EWCA Civ 6is an English contract law case on onerous clauses and the rule of common law that reasonable notice of them must be given to a contracting party in order that they ...
'' [1989] QB 433, the more onerous a contractual term the more candid notice must be to qualify as reasonable
*''The Aramis'' [1989] 1 Lloyd’s Rep 213, the test for an implied contractual obligation is that it is necessary to reflect the business parties' expectations
*'' Blackpool & Fylde Aero Club v Blackpool Borough Council'' 9901 WLR 1195, an implied contractual duty to consider tender offers arose on the facts to reflect the intentions objectively manifested by the parties
;Court of Appeal (as the Master of the Rolls)
*'' Caparo Industries plc v Dickman'' 9902 AC 605, the leading tort case on the duty of care
*''Hyundai Merchant Marine Co Ltd v Gesuri Chartering Co Ltd Hyundai is a South Korean industrial conglomerate (" chaebol"), which was restructured into the following groups:
* Hyundai Group, parts of the former conglomerate which have not been divested
** Hyundai Mobis, Korean car parts company
** Hyundai ...
'' or '' The Peonia'' 9911 Lloyd’s Rep 100, damages for late delivery of shipping goods are the difference between the market and the charter rate
*'' Pitt v PHH Asset Management Ltd'' 994
Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* September 15 – Battle of the Orontes: Fatimid forces, under Turkish gener ...
1 WLR 327, lockout agreements are enforceable
*'' Ex Parte Unilever'', an administrative law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
case concerning judicial review stating "the categories of unfairness are not closed, and precedent should act as a guide, not a cage"
*'' White Arrow Express Ltd v Lamey’s Distribution Ltd'' 996
Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
Trading Law Reports 69, remarks on non-pecuniary losses
;House of Lords
*'' Lubbe v Cape Plc'' 000
Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to:
* 000 (emergency telephone number), the Australian emergency telephone number
* "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...
1 WLR 1545, conflict of laws and sidestepping the corporate veil for tort victims
*''Reynolds v Times Newspapers Ltd
''Reynolds v Times Newspapers Ltd'' was a House of Lords case in English defamation law concerning qualified privilege for publication of defamatory statements in the public interest. The case provided the Reynolds defence, which could be raised ...
'' 0012 AC 127, qualified privilege
*''Director General of Fair Trading v First National Bank plc
''Director General of Fair Trading v First National Bank plc'' [2001UKHL 52is the leading case on the Unfair Terms in Consumer Contracts Regulations 1999. It was an action to test the fairness of clauses in loan agreements which secured a bank's ...
'' [2001
UKHL 52
test of good faith in unfair contract term cases (not breached here)
*''Dextra Bank & Trust Company Limited v Bank of Jamaica'' [2002
UKPC 50
*''Johnson v Gore Wood & Co'' [2002] 2 AC 1, on reflective loss and ''res judicata
''Res judicata'' (RJ) or ''res iudicata'', also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final judgm ...
''
*''Fairchild v Glenhaven Funeral Services Ltd
''Fairchild v Glenhaven Funeral Services Ltd'' 002UKHL 22is a leading case on causation in English tort law. It concerned malignant"> malignant mesothelioma, a deadly disease caused by breathing asbestos fibres. The House of Lords approved the t ...
'' [2002
UKHL 22
material increase in risk test of causation for victims of asbestos related torts
*''Transco plc v Stockport Metropolitan Borough Council'' [2003
UKHL 61
the firm affirmation of ''Rylands v Fletcher'' strict liability for nuisance in English law
*''HIH Casualty and General Insurance Ltd v Chase Manhattan Bank
is an English contract law case concerning misrepresentation.
Facts
Chase Manhattan Bank was in the highly speculative business of lending money against receipts from five future movies (in this case, '' Amy Foster'', ''U Turn'', ''Apt Pupil'', ...
'' 003 003, O03, 0O3, OO3 may refer to:
*003, fictional British 00 Agent
*003, former emergency telephone number for the Norwegian ambulance service (until 1986)
*1990 OO3, the asteroid 6131 Towen
* OO3 gauge model railway
*''O03 (O2)'' and other related ...
UKHL 6, exclusion of liability for fraudulent misrepresentation in English law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The m ...
*''R v G
''R v G'' 003is an English criminal law ruling on reckless damage. For which various offences it held that the prosecution must show a defendant subjectively appreciated a particular risk existing or going to exist to the health or property of ...
'' UKHL_50
_abolishing_Caldwell_recklessness.html" ;"title="003
UKHL 50
abolishing Caldwell recklessness">003
UKHL 50
abolishing Caldwell recklessness
*''Chester v Afshar'' [2004
UKHL 41
a patient's right to be fully informed about the risks involved in a medical procedure
*''A and others v Secretary of State for the Home Department
''A and others v Secretary of State for the Home Department'/nowiki> UKHL 56] (also known as the ''Belmarsh 9'' case) is a UK human rights case heard before the House of Lords. It held that the indefinite detention of foreign prisoners in Belm ...
'' 004UKHL 56, illegality of indefinite detention
*'' Doe v Secretary of State for the Home Department'' 004UKHL 26, freedom of conscience
*'' R v Wang'' 0051 WLR 661, 005UKHL 9, 0051 All ER 782, 0052 Cr App R 8, 'there are no circumstances in which a judge is entitled to direct a jury to return a verdict of guilty'
*'' R (Williamson) v Secretary of State for Education and Employment'' 005UKHL 15, "the means chosen to achieve this aim are appropriate and not disproportionate in their adverse impact on parents who believe that carefully-controlled administration of corporal punishment to a mild degree can be beneficial
*''Jackson v Attorney General
''R (Jackson) v Attorney General'' House of Lords case noted for containing obiter comments by the Judiciary acting in their official capacity suggesting that there may be limits to parliamentary sovereignty, the orthodox position being that it ...
'' 005UKHL 56, challenge to the fox hunting ban using the Parliament Acts 1911 and 1949
*'' R (Begum) v Governors of Denbigh High School'' [2006
UKHL 15
no right to wear any religious dress regardless of a well consulted school uniform policy
*''Kay v Lambeth London Borough Council'' (2006), on evictions
*''Golden Strait Corporation v Nippon Yusen Kubishka Kaisha'' [2007
UKHL 12
measure of damages for breach of contract
*'''' 008 008, OO8, O08, or 0O8 may refer to:
* The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh
*"030", the fictional 030 Agent of MI6
* '' 038: Operation Exterminate'', a 1965 Italian action film
* '' Explosivo 030'' a 1940 Argentine c ...
UKHL 61
*'' R v Davis'' 008 008, OO8, O08, or 0O8 may refer to:
* The Streetwear Brand @008us , inspired by Ian Fleming & Virgil Abloh
*"030", the fictional 030 Agent of MI6
* '' 038: Operation Exterminate'', a 1965 Italian action film
* '' Explosivo 030'' a 1940 Argentine c ...
UKHL 36, anonymity of witness evidence
Publications
*
Legacy
In 2010, shortly before Bingham died, the British Institute of International and Comparative Law established ''The Bingham Centre for the Rule of Law'', a body solely dedicated to the promotion and enhancement of the rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
worldwide.
In an interview on 7 February 2014, Nick Phillips, successor to Bingham as Senior Lord of Appeal in Ordinary, remarked that "…Tom Bingham was the most wonderful man, he was head and shoulders above everybody else in the Law in my view…yes just outstanding…his clarity of thought, his academic knowledge. I think almost everyone would say that he was, you know, the great lawyer of his generation."
Arms
See also
*Civil liberties in the United Kingdom
Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development o ...
* English Law of Tort
Notes
References
Iraq war 'violated rule of law
BBC NEWS
* Stephen Sedley, 'Bingham, Thomas Henry, Baron Bingham of Cornhill (1933–2010)’, Oxford Dictionary of National Biography, Oxford University Press, Jan 201
accessed 10 July 2014
External links
Interviewed by Alan Macfarlane 31 March 2009 (video)
'Notable judgements of Lord Bingham', ''Chambers Student Guide 2011''
'British Institute of International and Comparative Law'
'Thomas Bingham Chambers'
{{DEFAULTSORT:Bingham, Thomas
1933 births
2010 deaths
People educated at Sedbergh School
Alumni of Balliol College, Oxford
Bingham, Thomas Bingham, Baron Bingham of Cornhill
20th-century King's Counsel
21st-century King's Counsel
English King's Counsel
Knights Bachelor
Bingham of Cornhill
20th-century English judges
Bingham of Cornhill
Masters of the Rolls
Bingham of Cornhill, Thomas Henry, Baron
Knights of the Garter
Bingham of Cornhill, Thomas Henry, Baron
Fellows of King's College London
Queen's Bench Division judges
Members of the Judicial Committee of the Privy Council
Deaths from lung cancer in Wales
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