David Hope, Baron Hope of Craighead
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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 The Deputy President of the Supreme Court of the United Kingdom is the second most senior judge of the Supreme Court of the United Kingdom, after the President of the Supreme Court. The office is equivalent to the now-defunct position of Second ...
from 2009 until his retirement in 2013, having previously been the Second Senior Lord of Appeal in Ordinary. He served as Convenor of the
Crossbench A crossbencher is an independent or minor party member of some legislatures, such as the British House of Lords and the Parliament of Australia. They take their name from the crossbenches, between and perpendicular to the government and oppositi ...
peers in the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
from 2015 to 2019.


Early life

A descendant of Charles Hope, Lord Granton,
Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...
from 1811 to 1841 through his third son, David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (''née'' Collie), and educated at
Edinburgh Academy The Edinburgh Academy is an independent day school in Edinburgh, Scotland, which was opened in 1824. The original building, on Henderson Row in the city's New Town, is now part of the Senior School. The Junior School is located on Arboretum Ro ...
and Rugby School. He completed
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 ...
as an officer with the Seaforth Highlanders, between 1957 and 1959, where he reached the rank
lieutenant A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a commissioned officer rank in the armed forces of many nations. The meaning of lieutenant differs in different militaries (see comparative military ranks), but it is often ...
. In 1959 he commenced his studies as an Open Scholar at St John's College,
Cambridge Cambridge ( ) is a College town, university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cam ...
where he read Classics. He graduated with a
B.A. 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 yea ...
degree in 1962. He then returned to
Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
and studied at the Faculty of Law of 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 ...
, graduating
LL.B. 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 ...
in 1965. In 1966, Hope married Katharine Mary Kerr, daughter of solicitor Mark Kerr WS, with whom he has twin sons and a daughter. Hope was admitted as an advocate in 1965 and became a
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 o ...
in 1978. He served as Standing Junior Counsel in Scotland to the Board of the Inland Revenue from 1974 to 1978, and as an Advocate Depute from 1978 to 1982, prosecuting cases on behalf of the Crown. Between 1985 and 1986, he was Chairman of the Medical Appeal Tribunal and the Pensions Appeal Tribunal, and from 1986 to 1989 was
Dean of the Faculty of Advocates The Dean of the Faculty of Advocates, also known as the Dean of Faculty, is the head of the Faculty of Advocates, the independent body for advocates in Scotland. The Dean is elected by the whole membership. List of deans of Faculty * 1582 to ??? ...
.


The Bench and later public life

In 1989, Hope became a Senator of the College of Justice, taking the judicial title Lord Hope, and was appointed directly to the offices of
Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...
and
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 ...
, Scotland's highest judge. He was made a
Privy Counsellor The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of ei ...
at this time, and was awarded a
Life peerage 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 A ...
in the 1995
New Year Honours The New Year Honours is a part of the British honours system, with New Year's Day, 1 January, being marked by naming new members of orders of chivalry and recipients of other official honours. A number of other Commonwealth realms also mark this ...
, his title being
gazetted A gazette is an official journal, a newspaper of record, or simply a newspaper. In English and French speaking countries, newspaper publishers have applied the name ''Gazette'' since the 17th century; today, numerous weekly and daily newspapers ...
as Baron Hope of Craighead, ''of
Bamff Bamff House is the home of the Ramsays of Bamff, and is located within a estate in Perthshire, Scotland. Bamff House began as a fortified tower in the late 16th Century and was added to and altered in almost every century since then. Bamff has ...
in the District of Perth and Kinross'' on 28 February 1995. In 1996, The Lord Hope of Craighead retired as Lord President to become a Lord of Appeal in Ordinary, and was succeeded by The Lord Rodger of Earlsferry. On 21 April 2009, he was appointed Second Senior Law Lord, succeeding Lord Hoffmann. On 1 October 2009, Hope became one of the first Justices of the Supreme Court of the United Kingdom, and its first Deputy President. He retired from that position on 26 June 2013. In November 2014 it was announced that Lord Hope would be appointed as Lord High Commissioner to the General Assembly of the Church of Scotland in 2015. Starting in 2017, Lord Hope's diaries were published in five volumes by Avizandum Publishing. The works chronicled his life and experiences, from Senior Counsel to his retirement from the Supreme Court. The later editions evoked minor controversy over remarks relating to Lady Hale's appointment to the Court, and for revealing certain information about how cases were decided behind the scenes, something one commentator described as "deeply concerning". Hope was lauded by
Iain Duncan Smith Sir George Iain Duncan Smith (born George Ian Duncan Smith; 9 April 1954), often referred to by his initials IDS, is a British politician who served as Leader of the Conservative Party and Leader of the Opposition from 2001 to 2003. He was ...
for his contribution of support in January 2021 to an amendment to the Trade Act 2021 whereby the government would be required to ensure "that the UK does not trade with genocidal regimes. Importantly, with the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
having shown itself incapable of making such decisions, the determination of whether genocide has taken place would be made by the
High Court of England and Wales 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 ...
."


Notable cases

As Deputy President of the Supreme Court *'' R (E) v Jewish Free School'' 009UKSC 1 - discrimination in school admissions on religious grounds *'' R (L) v Commissioner of Police of the Metropolis'' 009UKSC 3 - criminal records checks and right to respect for private and family life *'' BA (Nigeria) v Secretary of State'' 009UKSC 7 - right of appeal against deportation orders *'' Gisda Cyf v Barratt''
010 010 may refer to: * 10 (number) * 8 (number) in octal numeral notation * Motorola 68010, a microprocessor released by Motorola in 1982 * 010, the telephone area code of Beijing * 010, the Rotterdam Rotterdam ( , , , lit. ''The Dam on the R ...
UKSC 41 - employment contracts as against general contracts *'' Cadder v HM Advocate''
010 010 may refer to: * 10 (number) * 8 (number) in octal numeral notation * Motorola 68010, a microprocessor released by Motorola in 1982 * 010, the telephone area code of Beijing * 010, the Rotterdam Rotterdam ( , , , lit. ''The Dam on the R ...
UKSC 43 - police detention of suspects *'' HJ and HT v Home Secretary''
010 010 may refer to: * 10 (number) * 8 (number) in octal numeral notation * Motorola 68010, a microprocessor released by Motorola in 1982 * 010, the telephone area code of Beijing * 010, the Rotterdam Rotterdam ( , , , lit. ''The Dam on the R ...
UKSC 31 - homosexuality in
asylum Asylum may refer to: Types of asylum * Asylum (antiquity), places of refuge in ancient Greece and Rome * Benevolent Asylum, a 19th-century Australian institution for housing the destitute * Cities of Refuge, places of refuge in ancient Judea ...
claims * '' HM Treasury v Ahmed''
010 010 may refer to: * 10 (number) * 8 (number) in octal numeral notation * Motorola 68010, a microprocessor released by Motorola in 1982 * 010, the telephone area code of Beijing * 010, the Rotterdam Rotterdam ( , , , lit. ''The Dam on the R ...
UKSC 2 - strikes Treasury Orders related to
UNSC The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
1267 Committee *''
Jones v Kaney ''Jones v Kaney'' 011UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence in England and Wales, or whether they have the ben ...
''
011 The following is a list of different international call prefixes that need to be dialled when placing an international telephone call from different countries. Countries by international prefix Countries using optional carrier selection code ...
UKSC 13 - immunity from suit of expert witnesses *''
Fraser v HM Advocate ''Fraser v Her Majesty's Advocate'' (2011) UKSC 24 is a decision of the Supreme Court of the United Kingdom relating to the effect of non-disclosure of evidence to the defence at trial and the role of the Supreme Court of the United Kingdom in Sc ...
''
011 The following is a list of different international call prefixes that need to be dialled when placing an international telephone call from different countries. Countries by international prefix Countries using optional carrier selection code ...
UKSC 24 - role of the UK Supreme Court in Scots criminal law As Lord of Appeal in Ordinary *'' R v Woollin''
999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: T ...
1 AC 82 - indirect intention *'' Lubbe v Cape Plc'' 0001 WLR 1545 - tortious liability of shareholders *'' Bruton v London and Quadrant Housing Trust'' 0001 AC 406 - rights of landlords and tenants *''
White v White ''White v White'' is an English family law decision by the House of Lords, and a landmark case in redistribution of finances as well as property on divorce. This case involved a couple with assets exceeding £4.5m which was deemed more than eit ...
'' 0011 AC 596 - distribution of property on divorce *'' DGFT v First National Bank plc'' 001UKHL 52 - unfair contractual terms and the construction of unreviewable core terms *''
Wilson v First County Trust Ltd (No 2) is a United Kingdom human rights, consumer protection and contract law case. It made a decision on the applicability of Art 1, Prot 1 of the ECHR and some important observations on the relevance of Hansard in litigation. It also raised a smal ...
'' 003UKHL 40 - impact of the Consumer Credit Act 1974 on pawnshop dealers' human rights *''
Campbell v Mirror Group Newspapers Ltd was a House of Lords decision regarding human rights and privacy in English law. Facts The British model Naomi Campbell was photographed leaving a rehabilitation clinic after public denials that she was a recovering drug addict. The photograph ...
''
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda Ai ...
UKHL 22 - right to privacy and confidentiality *'' Chester v Afshar''
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda Ai ...
UKHL 41 - patients' right to give fully informed consent *''
Archibald v Fife Council ''Archibald v Fife Council'' 004UKHL 32is a UK labour law case, concerning the Disability Discrimination Act 1995. Facts Mrs Archibald was employed as a road sweeper for Fife Council. She had surgery in 1999. Sadly there were complications. She ...
''
004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * Lauda Ai ...
UKHL 32 - reasonable adjustments for the disabled *'' Jackson v Royal Bank of Scotland''
005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
UKHL 3 - remoteness *''
Re Spectrum Plus Ltd was a UK company law decision of House of Lords that settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However, the House of Lords also discussed the power of t ...
''
005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
UKHL 41 - definition of "floating charge" *''
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 ...
''
005 ''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
UKHL 56 - fox hunting ban *''
J & H Ritchie Ltd v Lloyd Ltd ''J & H Ritchie Ltd v Lloyd Ltd'' Scots_law.html"_;"title="007UKHL_9is_a_Scots_law">Scottish_contract_law_case,_concerning_the_measure_of_damages_for_breach. _Facts Mr_Ritchie_has_a_business_(J&H_Ritchie_Ltd)_on_North_Arkleston_Farm,_Paisley,_R ...
'' 007UKHL 9 - Sale of Goods Act 1979, section 35 and measure of damages for poor quality after repair *'' Stack v Dowden'' 007UKHL 17 - beneficial interest in the family home on divorce *'' The Achilleas'' 008UKHL 48 - remoteness *'' Austin v Commissioner of Police of the Metropolis'' 009UKHL 5 -
kettling Kettling (also known as containment or corralling) is a police tactic for controlling large crowds during demonstrations or protests. It involves the formation of large cordons of police officers who then move to contain a crowd within a li ...
of protestors *'' Chartbrook Ltd v Persimmon Homes Ltd'' 009UKHL 38 - influence of pre-contractual negotiations on construction As Lord President *'' Sharp v Thomson'' 1997 SC(HL) 66 - Scots property law *''
West v Secretary of State for Scotland ''West v Secretary of State for Scotland'' 1992 SC 385 (IH), 1992 SLT 636, (also reported as ''West v Scottish Prison Service'', 1992 SCLR 504) is the leading case on judicial review in Scotland and sets out in detail the present law. It sets a con ...
'' 1992 SC 385 - Scots judicial review As Lord Justice General *''
Jamieson v HM Advocate ''Jamieson v HM Advocate'' is a notable legal case which established a precedent in Scotland which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. This was a criminal case decided ...
'' 1994 JC 88 - rape and consent *'' Ross v HM Advocate'' 1991 JC 210 - automatism


Honours & Arms

The Lord Hope of Craighead became Chancellor of the University of Strathclyde in 1998 and was appointed a Fellow in 2000. He stepped down as Chancellor in October 2013. He was awarded an honorary
LL.D. Legum Doctor (Latin: “teacher of the laws”) (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the early ...
by the university in 1993, and by the
University of Aberdeen , mottoeng = The fear of the Lord is the beginning of wisdom , established = , type = Public research universityAncient university , endowment = £58.4 million (2021) , budget ...
in 1991 and the University of Edinburgh in 1995. In 2007, he was awarded the David Kelbie Award by the Institute of Contemporary Scotland. He was formerly an Honorary Professor of Law at the
University of Aberdeen , mottoeng = The fear of the Lord is the beginning of wisdom , established = , type = Public research universityAncient university , endowment = £58.4 million (2021) , budget ...
, and is an honorary member of the
Canadian Bar Association The Canadian Bar Association (CBA), or Association du barreau canadien (ABC) in French, represents over 37,000 lawyers, judges, notaries, law teachers and law students from across Canada. History The Association's first Annual Meeting was he ...
(1987) and of The Society of Legal Scholars (1991), an Honorary Fellow of the
American College of Trial Lawyers The American College of Trial Lawyers (ACTL) is a professional association of trial lawyers from the United States and Canada. Founded in 1950, the College is dedicated to maintaining and improving the standards of trial practice, especially trial ...
(2000), and an Honorary
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 ca ...
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 W ...
(1989) and of the Inn of Court of Northern Ireland (1995). He is also, as of 2008, the Honorary President of the Edinburgh Student Law Review. On St Andrew's Day, 30 November 2009, Lord Hope was appointed to the Order of the Thistle by Queen Elizabeth II. The Order of the Thistle is the highest chivalric honour in Scotland. In the UK as a whole it is second only to the Order of the Garter amongst chivalric orders. The order honours Scottish men and women who have held public office or who have contributed in some way to national life.


References


External links

* {{DEFAULTSORT:Hope, David 1938 births Living people People educated at Edinburgh Academy Alumni of St John's College, Cambridge Alumni of the University of Edinburgh School of Law People educated at Rugby School Hope Knights of the Thistle Hope of Craighead Craighead, David Hope, Baron Hope of People associated with Perth and Kinross People associated with the University of Strathclyde Seaforth Highlanders officers Members of the Judicial Committee of the Privy Council Lords President of the Court of Session Lords Justice-General Hope of Craighead Hope of Craighead Deans of the Faculty of Advocates Place of birth missing (living people) Scottish King's Counsel Crossbench life peers 20th-century King's Counsel 20th-century British Army personnel Life peers created by Elizabeth II