Donald Nicholls, Baron Nicholls of Birkenhead
Encyclopedia
Donald James Nicholls, Baron Nicholls of Birkenhead, PC
(born 25 January 1933), is a British lawyer
and retired Law Lord (Lord of Appeal in Ordinary).
, before reading Law at Liverpool University and Trinity Hall, Cambridge
. He was called to the Bar in 1958 as a member of the Middle Temple
, taking silk as a Queen's Counsel
in 1974. He was made a High Court Judge
in 1983, the same year in which he was knighted, before rising to the rank of Lord Justice of Appeal
, a position in which he served until 1991. He became Vice-Chancellor of the Supreme Court of England and Wales (now the Senior Courts) between 1991–94, before his appointment to a Lord of Appeal in Ordinary
and elevation to a life peer
as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey
.
In 1998, Lord Nicholls of Birkenhead and the other British
Law Lords came to the international fore in deciding whether Sen. Augusto Pinochet
could be extradited to Spain. Three lords, including Nicholls, rejected the argument that Pinochet was immune from arrest and prosecution for his acts as Head of State in Chile
. They said the State Immunity Act 1978
flouted a battery of international legislation on human rights
abuses to which Britain is a signatory and, secondly, it would have meant endorsing the arguments of Pinochet's legal team that British law would have protected even Adolf Hitler
.
Lord Nicholls of Birkenhead said:
He retired as a Law Lord on 10 January 2007.
Although there is no privacy law per se under English law in the case of Campbell v MGN, he set out the elements for an action of 'misuse of private information'. Although he dissented along with Lord Hoffman in the case believing the information that was published was in the editors margin of appreciation.
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 25 January 1933), is a British lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and retired Law Lord (Lord of Appeal in Ordinary).
Biography
Nicholls was educated at Birkenhead SchoolBirkenhead School
Birkenhead School is an independent, selective, co-educational school located on the Wirral Peninsula in the northwest of England. It is a member of the Headmasters' and Headmistresses' Conference.-Overview:The school is subdivided into...
, before reading Law at Liverpool University and Trinity Hall, Cambridge
Trinity Hall, Cambridge
Trinity Hall is a constituent college of the University of Cambridge, England. It is the fifth-oldest college of the university, having been founded in 1350 by William Bateman, Bishop of Norwich.- Foundation :...
. He was called to the Bar in 1958 as a member of the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
, taking silk as 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...
in 1974. He was made a High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
in 1983, the same year in which he was knighted, before rising to the rank of Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
, a position in which he served until 1991. He became Vice-Chancellor of the Supreme Court of England and Wales (now the Senior Courts) between 1991–94, before his appointment to 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...
and elevation to 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...
as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey
Surrey
Surrey is a county in the South East of England and is one of the Home Counties. The county borders Greater London, Kent, East Sussex, West Sussex, Hampshire and Berkshire. The historic county town is Guildford. Surrey County Council sits at Kingston upon Thames, although this has been part of...
.
In 1998, Lord Nicholls of Birkenhead and the other 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...
Law Lords came to the international fore in deciding whether Sen. Augusto Pinochet
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet , was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973...
could be extradited to Spain. Three lords, including Nicholls, rejected the argument that Pinochet was immune from arrest and prosecution for his acts as Head of State in Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
. They said the State Immunity Act 1978
State Immunity Act 1978
The State Immunity Act 1978 is an Act of the Parliament of the United Kingdom which was passed to implement the European Convention on State Immunity of 1972 into British law...
flouted a battery of international legislation on human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
abuses to which Britain is a signatory and, secondly, it would have meant endorsing the arguments of Pinochet's legal team that British law would have protected even Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
.
Lord Nicholls of Birkenhead said:
He retired as a Law Lord on 10 January 2007.
Judgments
Lord Nicholls has played a key role in media law cases: he gave the leading judgment in the case of Reynolds v Times where he laid out a list of eight non-exhaustive factors which should be considered, if the qualified privilege defence is to apply.Although there is no privacy law per se under English law in the case of Campbell v MGN, he set out the elements for an action of 'misuse of private information'. Although he dissented along with Lord Hoffman in the case believing the information that was published was in the editors margin of appreciation.
Cases
- Harries v The Church Commissioners for England [1992] 1 WLR 1241
- Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378
- Attorney General v BlakeAttorney General v BlakeAttorney General v Blake [2000] is a leading English contract law case on damages for breach of contract. It established that in some circumstances where ordinary remedies are inadequate, restitutionary damages may be awarded.-Facts:...
[2001] 1 AC 268 - White v White [2001] 1 AC 596
- Reynolds v Times Newspapers Ltd [2001] 2 AC 127
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22
- Shogun Finance Ltd v HudsonShogun Finance Ltd v HudsonShogun Finance Ltd v Hudson [2003] is an English contract law decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to effectively clarify the area of mistake to identity.-Facts:A rogue...
[2003] UKHL 62 - Tomlinson v Congleton Borough CouncilTomlinson v Congleton Borough CouncilTomlinson v Congleton Borough Council [2003] is a 2003 court case in England from the House of Lords regarding the torts of negligence and occupiers' liability ....
[2003] UKHL 47 - Wilson v First County Trust Ltd (No 2) [2003] UKHL 40
- Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22
- A and others v Secretary of State for the Home Department [2004] UKHL 56
- Archibald v Fife CouncilArchibald v Fife CouncilArchibald v Fife Council [2004] is 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 lost the ability to walk and could no longer work. The...
[2004] UKHL 32 - Ghaidan v Godin-Mendoza [2004] 2 AC 557
- Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo LtdCream Holdings Ltd v Banerjee and the Liverpool Post and Echo LtdCream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd [2004] UKHL 44 was a 2004 decision by the House of Lords on the impact of the Human Rights Act 1998 on freedom of expression...
[2004] UKHL 44 - National Westminster Bank plc v Spectrum Plus Ltd [2005] UKHL 41
- Gregg v ScottGregg v ScottGregg v Scott [2005] is an English tort law case, on the issue of loss of a chance, in causation. It affirms the principle of Hotson v East Berkshire Area Health Authority, on a narrow margin of 3 to 2...
[2005] UKHL 2 - Jackson v Royal Bank of ScotlandJackson v Royal Bank of ScotlandJackson v Royal Bank of Scotland [2005] is an English contract law case, which concerns remoteness of damage.-Facts:Mr James Jackson was a partner with Barrie Stewart Davies , trading under the name "Samson Lancastrian". They imported dog chews from Thailand and sold them to a firm called "Economy...
[2005] UKHL 3 - Jackson v Attorney GeneralJackson v Attorney GeneralJackson v Attorney General [2005] UKHL 56 was a House of Lords case concerning the legality of the use of the Parliament Acts 1911 and 1949 to pass the Hunting Act to ban fox hunting...
[2005] UKHL 56 - R (Begum) v Governors of Denbigh High School [2006] UKHL 15
- OBG Ltd v AllanOBG Ltd v AllanOBG Ltd v Allan [2007] was a combined appeal with Douglas v Hello! Ltd and Mainstream Properties Ltd v Young and stands as the leading case on economic torts in English law.-Facts:Lord Hoffmann in his judgment summarised the facts.-Judgment:...
[2007] UKHL 21
Publications
- Lord Nicholls, ‘Trustees and their broader community: where duty, morality and ethics converge’ (1995) 9(3) Trusts Law International 71