Iain Macphail, Lord Macphail
Encyclopedia
Iain Duncan Macphail, Lord Macphail (January 24, 1938 - October 21, 2009) was a Scottish lawyer and Senator of the College of Justice
, a judge of the country's Supreme Courts
.
George Watson’s College, Edinburgh
, and studied at the University of Edinburgh
(M.A. (Hons.)
History 1959), and at the School of Law
of the University of Glasgow
(LL.B.
1962). He was admitted to the Faculty of Advocates
in 1963. Between 1963 and 1965, he held a Faulds Fellowship in Law at Glasgow, and was succeeded in this position by Robin McEwan
(later Lord McEwan). From 1968 to 1969, he was a Lecturer in Evidence and Procedure at the School of Law
of the University of Strathclyde
, and from 1969 to 1972, held the same position at the School of Law
of the University of Edinburgh
.
and the Department of Health and Social Security
. In 1973, he served briefly as an Extra Advocate-Depute, and the same year was appointed a Sheriff
of Lanarkshire (later Glasgow and Strathkelvin), based in Glasgow
. From 1978 to 1981, he was Chairman of the Scottish Association for the Study of Delinquency. In 1981, he moved to the Sheriffdom
of Tayside, Central and Fife, based at Alloa
, and in 1982 to Lothian and Borders, based at Linlithgow
. He served there until 1989, when he took up office as a Law Commissioner
, and was appointed Queen's Counsel
in 1990. Following completion of his term in 1994, he returned to the shrieval bench at Linlithgow in 1995, and was appointed Sheriff Principal
of Lothian and Borders, and Sheriff of Chancery, in 2002.
From 2001 to 2002, he was Arthur Goodhart Visiting Professor in Legal Science at the Faculty of Law
of the University of Cambridge
, and from 2003 to 2005, was a member of the Judicial Studies Committee and Chairman of the Sheriff Court Rules Council. He was a member of the editorial board of the Criminal Law Review from 2001 until his death. In 2005, he was appointed a Senator of the College of Justice
, a judge of the Court of Session
and High Court of Justiciary
, the Supreme Courts of Scotland
.
between 2002 and 2005. He received an honorary
LL.D. from the University of Edinburgh
in 1992. He was a member of the New Club
. Lord Macphail died after a long illness on 21 October 2009.
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...
, a judge of the country's Supreme Courts
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
.
Early life
Macphail was educated at the independentIndependent school (UK)
An independent school is a school that is not financed through the taxation system by local or national government and is instead funded by private sources, predominantly in the form of tuition charges, gifts and long-term charitable endowments, and so is not subject to the conditions imposed by...
George Watson’s College, Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
, and studied at the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
(M.A. (Hons.)
Master of Arts (Scotland)
A Master of Arts in Scotland can refer to an undergraduate academic degree in humanities and social sciences awarded by the ancient universities of Scotland – the University of St Andrews, the University of Glasgow, the University of Aberdeen and the University of Edinburgh, while the University of...
History 1959), and at the School of Law
University of Glasgow School of Law
The School of Law at the University of Glasgow provides undergraduate and postgraduate courses in Law, and awards the degrees of Bachelor of Laws , Master of Laws , Master of Science , Master of Research and Doctor of Philosophy , the degree of Doctor of Laws...
of 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...
(LL.B.
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...
1962). He 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 1963. Between 1963 and 1965, he held a Faulds Fellowship in Law at Glasgow, and was succeeded in this position by Robin McEwan
Robin McEwan, Lord McEwan
Robin Gilmour McEwan, Lord McEwan is a Scottish lawyer and former judge of the High Court of Justiciary and Court of Session, the country's Supreme Courts.-Early life:...
(later Lord McEwan). From 1968 to 1969, he was a Lecturer in Evidence and Procedure at the School of Law
Strathclyde Law School
Strathclyde Law School was established in 1964 and operates within the Faculty of Humanities & Social Sciences at the University of Strathclyde, in Glasgow, Scotland....
of the University of Strathclyde
University of Strathclyde
The University of Strathclyde , Glasgow, Scotland, is Glasgow's second university by age, founded in 1796, and receiving its Royal Charter in 1964 as the UK's first technological university...
, and from 1969 to 1972, held the same position at the School of Law
University of Edinburgh School of Law
The University of Edinburgh School of Law, founded in 1707, is a school within the University of Edinburgh, Scotland, dedicated to research and teaching in law. Known today as Edinburgh Law School, it is located in the historic Old College, the original site of the University...
of the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
.
Legal career
From 1971 to 1973, Macphail served as Standing Junior Counsel to Scottish Home and Health DepartmentScottish Office
The Scottish Office was a department of the United Kingdom Government from 1885 until 1999, exercising a wide range of government functions in relation to Scotland under the control of the Secretary of State for Scotland...
and the Department of Health and Social Security
Department of Health and Social Security
The Department of Health and Social Security was a ministry of the British government in existence for twenty years from 1968 until 1988, and was headed by the Secretary of State for Social Services.-History:...
. In 1973, he served briefly as an Extra Advocate-Depute, and the same year was appointed a Sheriff
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
of Lanarkshire (later Glasgow and Strathkelvin), based in Glasgow
Glasgow Sheriff Court
Glasgow Sheriff Court is a Sheriff Court in the Gorbals area of Glasgow, within the Sheriffdom of Glasgow and Strathkelvin. It is reputedly the busiest court in Europe....
. From 1978 to 1981, he was Chairman of the Scottish Association for the Study of Delinquency. In 1981, he moved to 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, Central and Fife, based at Alloa
Alloa
Alloa is a town and former burgh in Clackmannanshire, set in the Central Lowlands of Scotland. It lies on on the north bank of the Firth of Forth close to the foot of the Ochil Hills, east of Stirling and north of Falkirk....
, and in 1982 to Lothian and Borders, based at Linlithgow
Linlithgow
Linlithgow is a Royal Burgh in West Lothian, Scotland. An ancient town, it lies south of its two most prominent landmarks: Linlithgow Palace and Linlithgow Loch, and north of the Union Canal....
. He served there until 1989, when he took up office as a Law Commissioner
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
, and was appointed 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 1990. Following completion of his term in 1994, he returned to the shrieval bench at Linlithgow in 1995, and was appointed 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 Lothian and Borders, and Sheriff of Chancery, in 2002.
From 2001 to 2002, he was Arthur Goodhart Visiting Professor in Legal Science at the Faculty of Law
Faculty of Law, Cambridge
The Faculty of Law at the University of Cambridge is one of the faculties at the Sidgwick Site. The building opened in 1996 and was designed by Norman Foster, who also designed the terminal building at Stansted Airport and 30 St Mary Axe...
of the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
, and from 2003 to 2005, was a member of the Judicial Studies Committee and Chairman of the Sheriff Court Rules Council. He was a member of the editorial board of the Criminal Law Review from 2001 until his death. In 2005, he was appointed 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...
, a judge 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....
and High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, the Supreme Courts of Scotland
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
.
Publications
- Evidence, 1987 (Law Society of Scotland)
- Sheriff Court Practice, 1988 (W. Green)
- The Laws of Scotland: Stair Memorial Encyclopaedia, 1990 (Law Society of Scotland), Vol. 10, Title on Evidence
Personal life
Lord Macphail married Rosslyn Graham Lillias in 1970, with whom he had a son and a daughter. He was a Commissioner of the Northern Lighthouse BoardNorthern Lighthouse Board
The Northern Lighthouse Board is the General Lighthouse Authority for Scotland and the Isle of Man. It is a non-departmental public body responsible for marine navigation aids around coastal areas.-History:...
between 2002 and 2005. He received an honorary
Honorary degree
An honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
LL.D. from the University of Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
in 1992. He was a member of the New Club
New Club
The New Club, established in 1787, is a private club in the New Town area of Edinburgh, Scotland.The Club originally met in Bayle's Tavern in Shakespeare Square at the east end of Princes Street. It then acquired its own premises in St Andrew's Square before moving to its present site at 86 Princes...
. Lord Macphail died after a long illness on 21 October 2009.