Kenneth Diplock, Baron Diplock
Encyclopedia
William John Kenneth Diplock, Baron Diplock, KC (8 December 1907 – 14 October 1985) was an English judge
and Law Lord.
solicitor, he attended Whitgift School
and University College
, Oxford, where he read chemistry and was later to become an Honorary Fellow.
by the Middle Temple
in 1932 and made a Kings Counsel in 1948. In 1956, he was appointed to the High Court
.
He became a Lord of Appeal in Ordinary
in 1968 and was elevated as a life peer
with the title Baron Diplock, of Wansford in the County of Huntingdonshire
to the House of Lords
.
As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against terrorism
in Northern Ireland
, which led to the establishment of the jury
less Diplock courts
with which his name is now associated.
At the time of his death, Lord Diplock was the longest serving Lord of Appeal
.
The current typology of grounds for judicial review is owing to Lord Diplock.
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...
and Law Lord.
Early life
Born the son of a CroydonCroydon
Croydon is a town in South London, England, located within the London Borough of Croydon to which it gives its name. It is situated south of Charing Cross...
solicitor, he attended Whitgift School
Whitgift School
Whitgift School is an independent day school educating approximately 1,400 boys aged 10 to 18 in South Croydon, London in a parkland site.- History and grounds :...
and University College
University College, Oxford
.University College , is a constituent college of the University of Oxford in England. As of 2009 the college had an estimated financial endowment of £110m...
, Oxford, where he read chemistry and was later to become an Honorary Fellow.
Career
Diplock was called to the barBar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
by 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...
in 1932 and made a Kings Counsel in 1948. In 1956, he was appointed to the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
.
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...
in 1968 and was elevated as 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 Diplock, of Wansford in the County of Huntingdonshire
Huntingdonshire
Huntingdonshire is a local government district of Cambridgeshire, covering the area around Huntingdon. Traditionally it is a county in its own right...
to the House of Lords
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....
.
As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, which led to the establishment of the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
less Diplock courts
Diplock courts
The Diplock courts were a type of court established by the Government of the United Kingdom in Northern Ireland on 8 August 1973, in an attempt to overcome widespread jury intimidation associated with the Troubles. The right to trial by jury was suspended for certain "scheduled offences" and the...
with which his name is now associated.
At the time of his death, Lord Diplock was the longest serving Lord of Appeal
Lord of Appeal
Lord of Appeal may mean:*Lord of Appeal in Ordinary or Law Lord carrying out the judicial functions of the House of Lords in the United Kingdom*Lord Justice of Appeal, a judge of the Court of Appeal of England and Wales...
.
Contributions to legal thought
He made many contributions to legal thought and pushed the law in new and unique directions.The current typology of grounds for judicial review is owing to Lord Diplock.
- Procedural impropriety
- Nemo judexNemo judex in sua causaNemo iudex in causa sua is a Latin phrase that means, literally, no-one should be a judge in their own cause. It is a principle of natural justice that no person can judge a case in which they have an interest...
(Bias rule) - Audi alteram partemAudi alteram partemAudi alteram partem is a Latin phrase that literally means "hear the other side" or "hear the alternative party"...
(Hearing rule) - Illegality
- Ultra viresUltra viresUltra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
- Simple ultra vires
- Extended ultra vires
- Procedural ultra vires
- Fettering
- Irrationality
- Wednesbury irrationality
- Lack of proportionality
Notable judgments
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha LtdHong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha LtdHong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] is a landmark English contract law case. It introduced the concept of innominate terms, between "warranties" and "conditions". Diplock LJ emphasised that some terms could lead to either the right to terminate a contract as a remedy,...
[1962] 2 QB 26 - Harvela Investments Ltd v Royal Trust of Canada (CI) LtdHarvela Investments Ltd v Royal Trust of Canada (CI) LtdHarvela Investments Ltd v. Royal Trust of Canada Ltd [1986] AC 207 is an English contract law case, concerning the validity of referential bids in competitive tenders.-Facts:The Royal Trust Co. owned shares in a company, and invited bids for them...
[1986] AC 207 - Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
- Whitehouse v Lemon; Whitehouse v Gay News Ltd [1979] 2 WLR 281
- O'Reilly v Mackman [1983] 2 AC 237