Arthur Hamilton, Lord Hamilton
Encyclopedia
Arthur Campbell Hamilton, Lord Hamilton, PC
(born Glasgow
, 10 June 1942), is Scotland
's most senior judge. He was chosen as Lord Justice General and Lord President of the Court of Session
in November 2005, succeeding Lord Cullen
.
, which was then a state grammar school. He studied at the University of Glasgow
, Worcester College
, Oxford and Edinburgh University, where he gained an LLB in 1967. In June 2003, he was elected an Honorary Fellow
of Worcester College, Oxford
Hamilton was admitted to the Faculty of Advocates
in 1968 and appointed Queens Counsel (QC) in 1982. He was an Advocate Depute, a Scottish prosecutor, from 1982 until 1985, Chairman of the Medical Appeals Tribunals from 1988 to 1992 and President of the Pensions Appeal Tribunal
in Scotland from 1992 to 1995. Over several months in 1992 to 1993, he acted as a temporary Sheriff Principal
in the sheriffdom
of Tayside
, Central
and Fife
, due to the indisposition of the incumbent Sheriff Principal
. From 1988 to 1995, he was a Judge of the Courts of Appeal of Jersey and Guernsey; as these are part of the Channel Islands with small populations, it is common for English and Scottish judges to sit on the Bench here, as many notable judges have done.
with the judicial title, Lord Hamilton. Although titled 'Lord', he is not a peer
. Between 1997 and 2000, he was a full-time commercial judge dedicated to commercial business and responsible for oversight of that aspect of Court of Session
business. In January 2002, he was appointed as a Judge of the Inner House of the Court of Session
where he sat principally on appellate business.
On 24 November 2005, the Scottish Executive
announced that he would succeed Lord Cullen as Lord Justice General and Lord President of the Court of Session, upon the latter's appointment to the Appellate Committee of the House of Lords. Lord Hamilton took office on 2 December. As Lord President and Lord Justice General, he is responsible for the supervision of these Courts and for the determination of policy and rules of court procedure. He also makes appointments to some tribunals and makes recommendations to The Queen for the appointment of Queen’s Counsel.
He took full-time sick leave from April 2006, prompting emergency legislation (the Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006
) to be passed through the Scottish Parliament
in June. He returned to work without the need for the legislation to be invoked.
In 2007, Lord Hamilton clashed publicly with the Lord Advocate
, Elish Angiolini, over the collapse of the World's End murders
trial. The trial judge, Lord Clarke
, had ruled there was insufficient evidence for the jury to convict and threw the case out. The Lord Advocate, who is the senior Law Officer
in Scotland, had made a statement to the Scottish Parliament
, saying she was "disappointed" at this decision, however Lord Hamilton said her intervention had undermined the independence of the judiciary.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
(born Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
, 10 June 1942), is Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
's most senior judge. He was chosen as Lord Justice General and Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
in November 2005, succeeding Lord Cullen
William Cullen, Baron Cullen of Whitekirk
William Douglas Cullen, Baron Cullen of Whitekirk, is one of the senior members of the Scottish judiciary. He formerly served as Lord Justice General and Lord President of the Court of Session, and was an additional Lord of Appeal in the House of Lords prior to the transfer of its judicial...
.
Early life
Arthur Campbell Hamilton was born in Glasgow and attended Glasgow High SchoolHigh School of Glasgow
The High School of Glasgow is an independent, co-educational day school in Glasgow, Scotland. Founded as the Choir School of Glasgow Cathedral in around 1124, it is the oldest school in Scotland, and the twelfth oldest in the United Kingdom. It remained part of the Church as the city's grammar...
, which was then a state grammar school. He studied at the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
, Worcester College
Worcester College, Oxford
Worcester College is one of the constituent colleges of the University of Oxford in England. The college was founded in the eighteenth century, but its predecessor on the same site had been an institution of learning since the late thirteenth century...
, Oxford and Edinburgh University, where he gained an LLB in 1967. In June 2003, he was elected an Honorary Fellow
Fellow
A fellow in the broadest sense is someone who is an equal or a comrade. The term fellow is also used to describe a person, particularly by those in the upper social classes. It is most often used in an academic context: a fellow is often part of an elite group of learned people who are awarded...
of Worcester College, Oxford
Hamilton was admitted to the Faculty of Advocates
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...
in 1968 and appointed Queens Counsel (QC) in 1982. He was an Advocate Depute, a Scottish prosecutor, from 1982 until 1985, Chairman of the Medical Appeals Tribunals from 1988 to 1992 and President of the Pensions Appeal Tribunal
Pensions appeal tribunal
The Pensions Appeal Tribunal was a judicial tribunal in the United Kingdom which had jurisdiction to hear and decide appeals against decisions of the Secretary of State in connection with applications for war pensions by former members of the military services....
in Scotland from 1992 to 1995. Over several months in 1992 to 1993, he acted as a temporary Sheriff Principal
Sheriff Principal
The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century...
in the sheriffdom
Sheriffdom
A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...
of Tayside
Tayside
Tayside Region was a local government region of Scotland from 15 May 1975 to 31 March 1996. It was created by the 1973 Act following recommendations made by the 1969 Wheatley Report which attempted to replace the mishmash of counties, cities, burghs and districts, with a uniform two-tier system...
, Central
Central Belt
The Central Belt of Scotland is a common term used to describe the area of highest population density within Scotland. Despite the name, it is not geographically central but is nevertheless situated at the 'waist' of Scotland on a conventional map and the term 'central' is used in many local...
and Fife
Fife
Fife is a council area and former county of Scotland. It is situated between the Firth of Tay and the Firth of Forth, with inland boundaries to Perth and Kinross and Clackmannanshire...
, due to the indisposition of the incumbent Sheriff Principal
Sheriff Principal
The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century...
. From 1988 to 1995, he was a Judge of the Courts of Appeal of Jersey and Guernsey; as these are part of the Channel Islands with small populations, it is common for English and Scottish judges to sit on the Bench here, as many notable judges have done.
The Bench
In 1995, Hamilton was appointed a Senator of the College of JusticeSenator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
with the judicial title, Lord Hamilton. Although titled 'Lord', he is not a peer
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. Between 1997 and 2000, he was a full-time commercial judge dedicated to commercial business and responsible for oversight of that aspect of Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
business. In January 2002, he was appointed as a Judge of the Inner House of the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
where he sat principally on appellate business.
On 24 November 2005, the Scottish Executive
Scottish Executive
The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive remains its legal name under the Scotland Act 1998...
announced that he would succeed Lord Cullen as Lord Justice General and Lord President of the Court of Session, upon the latter's appointment to the Appellate Committee of the House of Lords. Lord Hamilton took office on 2 December. As Lord President and Lord Justice General, he is responsible for the supervision of these Courts and for the determination of policy and rules of court procedure. He also makes appointments to some tribunals and makes recommendations to The Queen for the appointment of Queen’s Counsel.
He took full-time sick leave from April 2006, prompting emergency legislation (the Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006
Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006
The Senior Judiciary Act 2006 was an Act of the Scottish Parliament passed in response to the incapacity due to ill health of Lord Hamilton, the Lord President of the Court of Session...
) to be passed through the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
in June. He returned to work without the need for the legislation to be invoked.
In 2007, Lord Hamilton clashed publicly with the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
, Elish Angiolini, over the collapse of the World's End murders
World's End murders
The World's End Murders were committed in October 1977 and, so named, as the victims were last seen alive leaving the World's End pub in Edinburgh's Old Town...
trial. The trial judge, Lord Clarke
Matthew Clarke, Lord Clarke
Matthew Gerald Clarke, Lord Clarke is a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, sitting in the High Court of Justiciary and the Inner House of the Court of Session.-Early life:...
, had ruled there was insufficient evidence for the jury to convict and threw the case out. The Lord Advocate, who is the senior Law Officer
Law Officers of the Crown
The Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
in Scotland, had made a statement to the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
, saying she was "disappointed" at this decision, however Lord Hamilton said her intervention had undermined the independence of the judiciary.