Deemster
Encyclopedia
A deemster is a judge
in the Isle of Man
. The High Court of Justice of the Isle of Man
is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal
. The deemsters also promulgate the Laws on Tynwald Day
by reading them out to the people in English
and Manx
.
Previously the First and Second Deemsters had seats in the Legislative Council of the Isle of Man
. The Second Deemster was removed in 1965 and the First Deemster in 1975.
There are currently three full time Deemsters in the Isle of Man
. These are the First Deemster and Clerk of the Rolls
(who is also the Deputy Governor), the Second Deemster, and an additional full-time Deemster. The offices of First Deemster, Second Deemster and Clerk of the Rolls are ancient offices. The offices of First Deemster and Clerk of the Rolls were combined in 1918, and a new office of Deputy Deemster was created in 2002 but abolished in 2009. Additional deemsters, full-time or part-time, may now be appointed; the present full-time additional deemster previously held the office of Deputy Deemster, and additional part-time deemsters (previously called 'Acting Deemsters') are appointed from time to time to hear a particular case.
The current Deemsters are:
The First Deemster, Second Deemster and Judge of Appeal are appointed by, and hold office during the pleasure of, Queen Elizabeth II
, (acting on the advice of the UK's Secretary of State for Justice). Additional Deemsters are appointed by the Lieutenant Governor on the recommendation of the First Deemster. By virtue of being ex-officio Deputy Governor, the First Deemster acts in place of the Lieutenant Governor in the latter's absence, or during a vacancy in that office.
Unlike judges in the United Kingdom, Deemsters have no security of tenure
: and thus, have no legal protection against dismissal by the government. The process whereby the appointment and removal of Manx judges occurs on the formal advice of United Kingdom politicians is seen as an effective alternative.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. The High Court of Justice of the Isle of Man
Isle of Man High Court
The High Court of Justice of the Isle of Man is governed by the High Court Act 1991. There are four permanent judges of the High Court:*the First Deemster and Clerk of the Rolls*the Second Deemster*a full time additional Deemster*the Judge of Appeal...
is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal
Judge of Appeal
The Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
. The deemsters also promulgate the Laws on Tynwald Day
Tynwald Day
Tynwald Day is the National Day of the Isle of Man, usually occurring on 5 July.On this day the Isle's legislature, Tynwald, meets at St John's, instead of its usual meeting place, Douglas. The session is held partly in the Royal Chapel of St John the Baptist and partly in the open air on the...
by reading them out to the people in English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
and Manx
Manx language
Manx , also known as Manx Gaelic, and as the Manks language, is a Goidelic language of the Indo-European language family, historically spoken by the Manx people. Only a small minority of the Island's population is fluent in the language, but a larger minority has some knowledge of it...
.
Previously the First and Second Deemsters had seats in the Legislative Council of the Isle of Man
Legislative Council of the Isle of Man
The Legislative Council is the upper chamber of Tynwald, the legislature of the Isle of Man.It consists of eleven Members —*eight elected members, known as Members of the Legislative Council or MLCs*three ex officio members:...
. The Second Deemster was removed in 1965 and the First Deemster in 1975.
There are currently three full time Deemsters in the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. These are the First Deemster and Clerk of the Rolls
Clerk of the Rolls
The Clerk of the Rolls is a judge and Head of the Judiciary in the Isle of Man.This position was formerly distinct from that of the Deemsters but now the Clerk of the Rolls is held jointly with the office of First Deemster....
(who is also the Deputy Governor), the Second Deemster, and an additional full-time Deemster. The offices of First Deemster, Second Deemster and Clerk of the Rolls are ancient offices. The offices of First Deemster and Clerk of the Rolls were combined in 1918, and a new office of Deputy Deemster was created in 2002 but abolished in 2009. Additional deemsters, full-time or part-time, may now be appointed; the present full-time additional deemster previously held the office of Deputy Deemster, and additional part-time deemsters (previously called 'Acting Deemsters') are appointed from time to time to hear a particular case.
The current Deemsters are:
- the First Deemster and Clerk of the Rolls , David DoyleDavid Doyle (judge)David Doyle QC is the First Deemster of the Isle of Man. He was appointed in 2010 and was formerly a partner of Dickinson, Cruickshank & Co from 1985 onwards. He was called to the Bar in 1982 and the Manx Bar in 1984....
QC - the Second Deemster, Andrew CorlettAndrew CorlettAndrew T.K. Corlett is the Second Deemster of the Isle of Man..Corlett was a litigation director with the Douglas law firm Simcocks since 2001. He specialised in public law, human rights and employment law and was previously a Government Advocate and a partner with Dickinson Cruickshank...
- Deemster Alastair MontgomerieAlastair MontgomerieAlastair Montgomerie is the Criminal Deemster of the Isle of Man. He was appointed as a Deemster by his excellency the Lieutenant Governor. Prior to this he had been the Deputy High Bailiff and Judicial Officer of the Isle of Man since 2002.-In the news:...
and - the Judge of AppealJudge of AppealThe Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
, Geoffrey TattersallGeoffrey TattersallGeoffrey Tattersall, QC, is currently the Judge of Appeal in the Isle of Man. He is also a member of the Byrom Street Chambers, Manchester and 22 Old Buildings, London. He was educated at Christ Church Oxford and called to Lincoln's Inn in 1970. He was appointed a Queen's Counsel in 1992 and a...
QC
The First Deemster, Second Deemster and Judge of Appeal are appointed by, and hold office during the pleasure of, Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
, (acting on the advice of the UK's Secretary of State for Justice). Additional Deemsters are appointed by the Lieutenant Governor on the recommendation of the First Deemster. By virtue of being ex-officio Deputy Governor, the First Deemster acts in place of the Lieutenant Governor in the latter's absence, or during a vacancy in that office.
Unlike judges in the United Kingdom, Deemsters have no security of tenure
Security of tenure
Security of tenure is a term used in political science to describe a constitutional or legal guarantee that an office-holder cannot be removed from office except in exceptional and specified circumstances....
: and thus, have no legal protection against dismissal by the government. The process whereby the appointment and removal of Manx judges occurs on the formal advice of United Kingdom politicians is seen as an effective alternative.
First Deemsters
- Daniel Lace, 1765–1812
- John Crellin, 1812–1816
- Norris Moore, 1816–1819
- Thomas Gawne, 1819–1823
- John ChristianJohn Christian (Deemster)John Christian JP was a First Deemster of the Isle of Man.Christian was born in Castletown in 1776. He was educated at Eton and St. John's College, Cambridge, where he graduated B.A. as 8th Wrangler in 1798 and graduated MA in 1801. Admitted to Lincoln's Inn on 23 January 1798, he was registered...
, 1823–1847 - John Joseph Heywood, 1847–1855
- Sir William DrinkwaterWilliam DrinkwaterSir William Leece Drinkwater was a First Deemster of the Isle of Man.Drinkwater came from an old Liverpool family and was born on 28 March 1812. His great-grandfather was Mayor of Liverpool in 1810 and married a Miss Leece, of Ballamona, Braddan...
, 1855–1898 - Sir James Gell, 1898–1900
- Thomas KneenThomas KneenThomas Kneen was His Majesty's Clerk of the Rolls for the Isle of Man, a Member of the House of Keys for Glenfaba, and Captain of the Parish of Onchan...
, 1900–1905 - Stevenson Stewart Moore, 1905–1916
First Deemsters and Clerk of the Rolls
- Stevenson Stewart Moore, 1916–1921
- Charles Cheslyn Callow, 1921–1934
- Reginald Douglas Farrant, 1934–1947
- William Percy Cowley, 1947–1958
- Sydney James Kneale, 1958–1969
- George Edgar Moore, 1969–1974
- Robert Kinley Eason, 1974–1980
- Arthur Christian LuftArthur LuftArthur Luft was a former First Deemster and Clerk of the Rolls and a Member of the Legislative Council of the Isle of Man.He first set up practice in the Isle of Man in 1947 and in 1972 was appointed Attorney General and thus sat on the Legislative Council ex officio...
, 1980–1988 - John William Corrin QCQueen's CounselQueen'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...
, , 1988–1998 - Thomas William Cain QCQueen's CounselQueen'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...
, 1998–2003 - Michael Kerruish QCQueen's CounselQueen'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...
, 2003–2010 - David DoyleDavid Doyle (judge)David Doyle QC is the First Deemster of the Isle of Man. He was appointed in 2010 and was formerly a partner of Dickinson, Cruickshank & Co from 1985 onwards. He was called to the Bar in 1982 and the Manx Bar in 1984....
QCQueen's CounselQueen'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...
, 2010–Present
Second Deemsters
- Peter John Heywood, 1765–1768
- Daniel Mylrea, 1768–1773
- Thomas Moore, 1773–1794
- John Crellin, 1794–1816
- Thomas Gawne, 1816–1819
- John ChristianJohn Christian (Deemster)John Christian JP was a First Deemster of the Isle of Man.Christian was born in Castletown in 1776. He was educated at Eton and St. John's College, Cambridge, where he graduated B.A. as 8th Wrangler in 1798 and graduated MA in 1801. Admitted to Lincoln's Inn on 23 January 1798, he was registered...
, 1819–1820 - John McHutchinJohn McHutchinJohn McHutchin was a former His Majesty's Clerk of the Rolls for the Isle of Man.McHutchin was born in Peel, soon of a Scotsman and Manxwoman...
, 1820–1821 - John Joseph Heywood, 1821–1847
- Sir William DrinkwaterWilliam DrinkwaterSir William Leece Drinkwater was a First Deemster of the Isle of Man.Drinkwater came from an old Liverpool family and was born on 28 March 1812. His great-grandfather was Mayor of Liverpool in 1810 and married a Miss Leece, of Ballamona, Braddan...
, 1847–1855 - John Clucas Stephen, 1855–1880
- Sir Alured DumbellAlured DumbellSir Alured Dumbell MLC was Clerk of the Rolls of the Isle of Man and the most senior judge there.Dumbell was the son of the well known banker, lawyer and politician George Dumbell MHK and was educated at a private school in Douglas. He then entered the firm of Harris and Adams as a law student...
, 1880–1883 - Richard Sherwood, 1883–1884
- John Frederick GillJohn Gill (judge)John Frederick Gill was a Second Deemster of the Isle of Man.Deemster Gill was born in Sicily but educated at King William's College. On leaving the College, he studied law with his second cousin Sir James Gell and was admitted to the Bar in 1864...
, 1884–1899 - Thomas KneenThomas KneenThomas Kneen was His Majesty's Clerk of the Rolls for the Isle of Man, a Member of the House of Keys for Glenfaba, and Captain of the Parish of Onchan...
, 1899–1900 - Stevenson Stewart Moore, 1900–1905
- Charles Callow, 1905–1921
- Frederick Malcolm Lamothe, 1921–1925
- Reginald Douglas Farrant, 1925–1934
- William Percy Cowley, 1934–1947
- Ramsey Gelling Johnson, 1947–1954
- James Arthur Cain, 1954–1957
- Sydney James Kneale, 1957–1958
- Bruce MacPhersonBruce MacPherson (judge)Bruce Whyte MacPherson MLC was a Second Deemster in the Isle of Man.MacPherson was born in Liverpool in 1891 and became a Captain in 4 Battalion, King's Liverpool Regiment and served in the Cameroons, 1914-15. He was promoted to Major in 1935. As an advocate he joined the Manx Bar in 1936...
, 1958–1969 - Robert Eason, 1969–1974
- Arthur LuftArthur LuftArthur Luft was a former First Deemster and Clerk of the Rolls and a Member of the Legislative Council of the Isle of Man.He first set up practice in the Isle of Man in 1947 and in 1972 was appointed Attorney General and thus sat on the Legislative Council ex officio...
, 1974–1980 - John William Corrin QCQueen's CounselQueen'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...
, 1980–1988 - Henry CallowHenry CallowHenry Callow CBE was a former Second Deemster in the Isle of Man.He began his career as a Manx advocate and was then appointed High Bailiff in 1969. After 19 years in the post, he was made Second Deemster until retiring in 1993. In 1994, he was awarded the CBE...
, , 1988–1993 - Thomas William Cain QCQueen's CounselQueen'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...
, , 1993–1998 - Michael Kerruish QCQueen's CounselQueen'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...
, 1998–2003 - David DoyleDavid Doyle (judge)David Doyle QC is the First Deemster of the Isle of Man. He was appointed in 2010 and was formerly a partner of Dickinson, Cruickshank & Co from 1985 onwards. He was called to the Bar in 1982 and the Manx Bar in 1984....
QCQueen's CounselQueen'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...
, 2003–2010 - Andrew CorlettAndrew CorlettAndrew T.K. Corlett is the Second Deemster of the Isle of Man..Corlett was a litigation director with the Douglas law firm Simcocks since 2001. He specialised in public law, human rights and employment law and was previously a Government Advocate and a partner with Dickinson Cruickshank...
, 2011-Present
Deputy Deemsters
- The Hon Mr Justice Sir Peter Smith QCPeter Smith (judge)Sir Peter Winston Smith , styled The Hon Mr Justice Peter Smith, is a Judge of the High Court of Justice in England and Wales, appointed to that office on 15 April 2002 and assigned to the Chancery Division...
, ?-? - Andrew WilliamsonAndrew WilliamsonAndrew Williamson was the Deputy Deemster of the Isle of Man.Andrew Williamson was born in Douglas in December 1946 and brought up in Kirk Michael. He was educated at Michael School and then Ramsey Grammar School, before leaving the Island to study law at Nottingham Regional College of Technology...
, 2002–2008 - Andrew CorlettAndrew CorlettAndrew T.K. Corlett is the Second Deemster of the Isle of Man..Corlett was a litigation director with the Douglas law firm Simcocks since 2001. He specialised in public law, human rights and employment law and was previously a Government Advocate and a partner with Dickinson Cruickshank...
, 2008–2009