Charles Jauncey, Baron Jauncey of Tullichettle
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Charles Eliot Jauncey, Baron Jauncey of Tullichettle PC
(8 May 1925 — 18 July 2007) was a British
judge and advocate. He was often praised as one of the finest legal minds of his generation in Scotland, and his legal opinions - both as a practising advocate and as a judge - commanded immense respect.
John Henry Jauncey, DSO
, RN, who came out of retirement to command destroyers in the Second World War, and Muriel Dundas, daughter of Admiral Sir Charles Dundas. He was educated at Radley College
, leaving in 1943 to join the Royal Naval Volunteer Reserve. He served in Egypt and India in the Second World War
, from 1943 to 1946, reaching the rank of Sub-Lieutenant
. He contracted polio in Ceylon and was invalided home, being left with a slight limp for the rest of his life.
He read law at Christ Church, Oxford
, graduating with a Bachelor of Arts
degree in jurisprudence
in 1947, and at the University of Glasgow
, where he received a Bachelor of Laws
degree in 1949. He became an advocate
of the Scottish Bar in 1949, joining the Faculty of Advocates
. He undertook a wide range of civil legal work, but his practice concentrated mostly on wills, trusts and estates. He became a standing junior counsel to the Ministry of Works in Scotland in 1953, and standing junior counsel to the Admiralty in 1954.
Supporting Ian Fraser QC (later Lord Fraser of Tullybelton
), he was junior counsel to Margaret Campbell, Duchess of Argyll
, from 1959 to 1963 in the notorious divorce action brought by her husband, the 11th Duke of Argyll, alleging her adultery
, which broke new ground in the law of confidentiality
. He took silk becomimg a Queen's Counsel
for Scotland
in 1963. He was part-time Sheriff Principal
of Fife
and Kinross
from 1971 to 1974, resigning to continue his legal practice when the position became full-time. He was a Judge of the Courts of Appeal of Jersey
and Guernsey
from 1972 to 1979.
He became a Senator of the College of Justice
in Scotland in 1979. Amongst other cases, he sat in two particularly long-running cases: McColl v. Strathclyde Regional Council [1983] SC 225, a 203-day hearing contesting the mandatory fluoridation of the water supply in Glasgow, and Santa Fe v. Heerama, a patent infringement case relating to semi-submersible drilling platforms in the North Sea which settled after 191 days in court. He held this post until 1988, when he became a Lord of Appeal in Ordinary
. He was appointed to the Privy Council
and was created a life peer
with the title Baron Jauncey of Tullichettle, of Comrie in the District of Perth and Kinross
. He also sat on the Judicial Committee of the Privy Council
. He retired in 1996, but the Queen appointed him a special commissioner and arbitrator in 1998 to determine a dispute between the Dean of Westminster Abbey
and its dismissed organist, Dr Martin Neary
and Mrs Neary. He was chairman of the House of Lords Committee in 2001-2 that investigated the crash of the RAF Chinook helicopter ZD576 in the Mull of Kintyre
in 1994 that killed all 29 on board. He continued to be active in the House of Lords after his retirement, until a stroke in November 2004. He twice caught MRSA while recuperating at Perth Royal Infirmary
.
He married three times. He first married Jean Cunninghame Graham, daughter of Admiral Sir Angus Cunninghame Graham
, in 1948. They had two sons, Jamie and Simon, and a daughter, Arabella. After their divorce in 1969, he married Elizabeth Ballingal, widow of Major John Ballingal MC
, in 1973. After a second divorce in 1977, he married a third time, to Camilla Cathcart, daughter of Lieutenant-Colonel Charles Cathcart, later that year. They had one daughter, Cressida.
Outside the law, Jauncey became a member of the Royal Company of Archers
in 1951. His interest in genealogy led to his appointment as Kintyre Pursuivant of Arms from 1955 to 1971. He was also a member of the Historic Buildings Council for Scotland from 1972 to 1992. He enjoyed fishing in the rivers of Perthsire. He lived in Tullichettle, near Comrie
in Perthshire, for 60 years, and was a member of his local Episcopalian
church. He died in Comrie.
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...
(8 May 1925 — 18 July 2007) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
judge and advocate. He was often praised as one of the finest legal minds of his generation in Scotland, and his legal opinions - both as a practising advocate and as a judge - commanded immense respect.
Biography
Jauncey was the son of CaptainCaptain (Royal Navy)
Captain is a senior officer rank of the Royal Navy. It ranks above Commander and below Commodore and has a NATO ranking code of OF-5. The rank is equivalent to a Colonel in the British Army or Royal Marines and to a Group Captain in the Royal Air Force. The rank of Group Captain is based on the...
John Henry Jauncey, DSO
Distinguished Service Order
The Distinguished Service Order is a military decoration of the United Kingdom, and formerly of other parts of the British Commonwealth and Empire, awarded for meritorious or distinguished service by officers of the armed forces during wartime, typically in actual combat.Instituted on 6 September...
, RN, who came out of retirement to command destroyers in the Second World War, and Muriel Dundas, daughter of Admiral Sir Charles Dundas. He was educated at Radley College
Radley College
Radley College , founded in 1847, is a British independent school for boys on the edge of the English village of Radley, near to the market town of Abingdon in Oxfordshire, and has become a well-established boarding school...
, leaving in 1943 to join the Royal Naval Volunteer Reserve. He served in Egypt and India in the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, from 1943 to 1946, reaching the rank of Sub-Lieutenant
Sub-Lieutenant
Sub-lieutenant is a military rank. It is normally a junior officer rank.In many navies, a sub-lieutenant is a naval commissioned or subordinate officer, ranking below a lieutenant. In the Royal Navy the rank of sub-lieutenant is equivalent to the rank of lieutenant in the British Army and of...
. He contracted polio in Ceylon and was invalided home, being left with a slight limp for the rest of his life.
He read law at Christ Church, Oxford
Christ Church, Oxford
Christ Church or house of Christ, and thus sometimes known as The House), is one of the largest constituent colleges of the University of Oxford in England...
, graduating with a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree in jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
in 1947, and 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...
, where he received a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degree in 1949. He became an advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
of the Scottish Bar in 1949, joining 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...
. He undertook a wide range of civil legal work, but his practice concentrated mostly on wills, trusts and estates. He became a standing junior counsel to the Ministry of Works in Scotland in 1953, and standing junior counsel to the Admiralty in 1954.
Supporting Ian Fraser QC (later Lord Fraser of Tullybelton
Ian Fraser, Baron Fraser of Tullybelton
Walter Ian Reid Fraser, Baron Fraser of Tullybelton was a British judge.Fraser was made a Privy Counsellor in 1974. One year later he was appointed as a Lord of Appeal in Ordinary, and as a Law lord he was subsequently created a life peer. He took the title Baron Fraser of Tullybelton, of Bankfoot...
), he was junior counsel to Margaret Campbell, Duchess of Argyll
Margaret Campbell, Duchess of Argyll
Margaret, sometime Duchess of Argyll , was a notorious British Socialite, best remembered for her 1963 divorce case against her second husband, the 11th Duke of Argyll, which featured salacious photographs and scandalous stories.-Birth and youth:Margaret was the only child of Helen Mann Hannay and...
, from 1959 to 1963 in the notorious divorce action brought by her husband, the 11th Duke of Argyll, alleging her adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, which broke new ground in the law of confidentiality
Confidentiality
Confidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...
. He took silk becomimg a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
for 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...
in 1963. He was part-time 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...
of 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...
and Kinross
Kinross
Kinross is a burgh in Perth and Kinross, Scotland. It was formerly the county town of Kinross-shire.Kinross is a fairly small town, with some attractive buildings...
from 1971 to 1974, resigning to continue his legal practice when the position became full-time. He was a Judge of the Courts of Appeal of Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
and Guernsey
Guernsey
Guernsey, officially the Bailiwick of Guernsey is a British Crown dependency in the English Channel off the coast of Normandy.The Bailiwick, as a governing entity, embraces not only all 10 parishes on the Island of Guernsey, but also the islands of Herm, Jethou, Burhou, and Lihou and their islet...
from 1972 to 1979.
He became a Senator of the College of Justice
Senator 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...
in Scotland in 1979. Amongst other cases, he sat in two particularly long-running cases: McColl v. Strathclyde Regional Council [1983] SC 225, a 203-day hearing contesting the mandatory fluoridation of the water supply in Glasgow, and Santa Fe v. Heerama, a patent infringement case relating to semi-submersible drilling platforms in the North Sea which settled after 191 days in court. He held this post until 1988, when he became a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
. He was appointed to the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, 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 monarch's closest advisors to give confidential advice on...
and was created a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
with the title Baron Jauncey of Tullichettle, of Comrie in the District of Perth and Kinross
Perth and Kinross
Perth and Kinross is one of 32 council areas in Scotland, and a Lieutenancy Area. It borders onto the Aberdeenshire, Angus, Dundee City, Fife, Clackmannanshire, Stirling, Argyll and Bute and Highland council areas. Perth is the administrative centre...
. He also sat on the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
. He retired in 1996, but the Queen appointed him a special commissioner and arbitrator in 1998 to determine a dispute between the Dean of Westminster Abbey
Westminster Abbey
The Collegiate Church of St Peter at Westminster, popularly known as Westminster Abbey, is a large, mainly Gothic church, in the City of Westminster, London, United Kingdom, located just to the west of the Palace of Westminster. It is the traditional place of coronation and burial site for English,...
and its dismissed organist, Dr Martin Neary
Martin Neary
Martin Neary LVO is an English organist and choral conductor. He was Organist and Director of Music at Winchester Cathedral from 1972 to 1988, and Organist and Master of the Choristers at Westminster Abbey from 1988 to 1998...
and Mrs Neary. He was chairman of the House of Lords Committee in 2001-2 that investigated the crash of the RAF Chinook helicopter ZD576 in the Mull of Kintyre
Mull of Kintyre
The Mull of Kintyre is the southwesternmost tip of the Kintyre Peninsula in southwest Scotland. From here, the Antrim coast is visible and an historic lighthouse, the second commissioned in Scotland, guides shipping in the intervening North Channel...
in 1994 that killed all 29 on board. He continued to be active in the House of Lords after his retirement, until a stroke in November 2004. He twice caught MRSA while recuperating at Perth Royal Infirmary
Perth Royal Infirmary
Perth Royal Infirmary is a district hospital in Perth. The Royal Infirmary, administered by NHS Tayside, caters for both the city and wider Perth & Kinross area, with a population around 182 000, being served by the hospital.-History:...
.
He married three times. He first married Jean Cunninghame Graham, daughter of Admiral Sir Angus Cunninghame Graham
Angus Cunninghame Graham
Admiral Sir Angus Edward Malise Bontine Cunninghame Graham of Gartmore and Ardoch KBE CB was a Royal Navy officer who became Flag Officer, Scotland.-Naval career:...
, in 1948. They had two sons, Jamie and Simon, and a daughter, Arabella. After their divorce in 1969, he married Elizabeth Ballingal, widow of Major John Ballingal MC
Military Cross
The Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....
, in 1973. After a second divorce in 1977, he married a third time, to Camilla Cathcart, daughter of Lieutenant-Colonel Charles Cathcart, later that year. They had one daughter, Cressida.
Outside the law, Jauncey became a member of the Royal Company of Archers
Royal Company of Archers
The Royal Company of Archers is a ceremonial unit that serves as the Sovereign's Bodyguard in Scotland, a role it has performed since 1822 and the reign of King George IV, when the company provided a personal bodyguard to the King on his visit to Scotland. It is currently known as the Queen's...
in 1951. His interest in genealogy led to his appointment as Kintyre Pursuivant of Arms from 1955 to 1971. He was also a member of the Historic Buildings Council for Scotland from 1972 to 1992. He enjoyed fishing in the rivers of Perthsire. He lived in Tullichettle, near Comrie
Comrie
Comrie is an affluent village and parish in the southern highlands of Scotland, towards the western end of the Strathearn district of Perth and Kinross, seven miles west of Crieff. The village has won the Royal Horticultural Society "Large Village Britain in Bloom Winner" in 2007 and 2010...
in Perthshire, for 60 years, and was a member of his local Episcopalian
Scottish Episcopal Church
The Scottish Episcopal Church is a Christian church in Scotland, consisting of seven dioceses. Since the 17th century, it has had an identity distinct from the presbyterian Church of Scotland....
church. He died in Comrie.