Thomas Bingham, Baron Bingham of Cornhill
Encyclopedia
Thomas Henry Bingham, Baron Bingham of Cornhill, KG
Order of the Garter
The Most Noble Order of the Garter, founded in 1348, is the highest order of chivalry, or knighthood, existing in England. The order is dedicated to the image and arms of St...

 PC
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...

 QC
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...

 FBA
(13 October 1933 – 11 September 2010), 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
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 jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...

. He served in the highest judicial offices of the United Kingdom as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

, Lord Chief Justice
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...

 and as Senior Law Lord before his retirement, when he focused his work as a teacher and lecturer in human rights law. He died of cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...

 at the age of 76.

Early life and career

Bingham was born in London on 13 October 1933. His parents practised as doctors in Reigate, Surrey. His father was an Ulster Presbyterian. Tom Bingham was educated at the Cumbrian public school Sedbergh School
Sedbergh School
Sedbergh School is a boarding school in Sedbergh, Cumbria, for boys and girls aged 13 to 18. Nestled in the Howgill Fells, it is known for sporting sides, such as its Rugby Union 1st XV.-Background:...

 (Winder House), where he was described as the "brightest boy in a hundred years". He did national service as a Second Lieutenant in the Royal Ulster Rifles
Royal Ulster Rifles
The Royal Ulster Rifles was a British Army infantry regiment. It saw service in the Second Boer War, Great War, the Second World War and the Korean War, before being amalgamated into the Royal Irish Rangers in 1968.-History:...

 from 1952 to 1954. He was awarded a Gibbs scholarship to read modern history at Balliol College, Oxford
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....

 where he graduated with a First. After graduation he read for the bar as Eldon Law Scholar and came top of bar finals in 1959. He was taken on as a barrister at the chambers of Leslie Scarman at 2 Crown Office Row, which later moved to Fountain Court Chambers
Fountain Court Chambers
Fountain Court Chambers is a leading set of commercial barristers in the Temple in central London. It has 57 tenants, of whom 27 are Silks. With an annual turnover of £43 million, it is in the Magic Circle....

. He married Elizabeth Loxley in 1964; they had one daughter and two sons.

Bingham took silk, becoming 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 1972 aged just 38, having been standing junior counsel to the Department of Employment for four years from 1968. In 1977, when still at the Bar, he rose to public attention when he was appointed by then Foreign Secretary David Owen
David Owen
David Anthony Llewellyn Owen, Baron Owen CH PC FRCP is a British politician.Owen served as British Foreign Secretary from 1977 to 1979, the youngest person in over forty years to hold the post; he co-authored the failed Vance-Owen and Owen-Stoltenberg peace plans offered during the Bosnian War...

 to head an inquiry in to alleged breaches of UN sanctions by Oil Companies in Southern Rhodesia. He was appointed a Recorder in 1975 and as 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 the Queen’s Bench Division in 1980; he was assigned to the Commercial Court.

He was promoted to the Court of Appeal in 1986 and in 1991 led a high profile inquiry into the collapse of the Bank of Credit and Commerce International
Bank of Credit and Commerce International
The Bank of Credit and Commerce International was a major international bank founded in 1972 by Agha Hasan Abedi, a Pakistani financier. The Bank was registered in Luxembourg with head offices in Karachi and London. Within a decade BCCI touched its peak...

.

Senior judicial career

Bingham became Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

 in 1992 initiating significant reforms, including a move towards the replacement of certain oral hearings in major civil cases and he was the first senior judge to back incorporation into English law of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

 - which came about with the passing of the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

. Bingham was appointed Lord Chief Justice of England and Wales
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...

 in 1996. In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, he was the highest-ranking judge in regular courtroom service; he was personally responsible for adding "and Wales" to the office's title.

He 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...

 as Baron Bingham of Cornhill, of Boughrood in the County of Powys
Powys
Powys is a local-government county and preserved county in Wales.-Geography:Powys covers the historic counties of Montgomeryshire and Radnorshire, most of Brecknockshire , and a small part of Denbighshire — an area of 5,179 km², making it the largest county in Wales by land area.It is...

 in 1996, when he moved 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....

. He was succeeded as Lord Chief Justice by Lord Woolf
Harry Woolf, Baron Woolf
Harry Kenneth Woolf, Baron Woolf, PC, FBA, , born 2 May 1933, was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales...

 in 2000, who had likewise succeeded him in 1996 as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...

. In this year, he was the appointed Senior Law Lord
Senior Lord of Appeal in Ordinary
The President of the Supreme Court of the United Kingdom is the head of the Supreme Court of the United Kingdom. The office is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking Lord of Appeal in Ordinary...

.

He was a strong advocate for divorcing the judicial branch of the House of Lords from Parliament by setting up a new Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...

, which was accomplished under the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...

. The title of the office he then held has become "the President of the Supreme Court" since that court came into operation in October 2009, but Lord Bingham retired in July 2008. He said that he was "very sorry" not to become the first President.

Honours

In 2005, he was appointed a Knight of the Garter
Order of the Garter
The Most Noble Order of the Garter, founded in 1348, is the highest order of chivalry, or knighthood, existing in England. The order is dedicated to the image and arms of St...

, an honour in the personal gift of the Queen and one only rarely conferred on judges (Sir Ninian Stephen - a current holder - was previously a Justice of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...

 and Lord Hailsham of St Marylebone, Lord Chancellor in the periods 1970-74 and 1979–87, was a previous holder). He received the title along with Lady Soames
Mary Soames, Baroness Soames
Mary Soames, Baroness Soames, is the youngest of Winston Churchill and his wife Clementine's five children and, as of 2011, the sole surviving child...

 and John Major
John Major
Sir John Major, is a British Conservative politician, who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 1990–1997...

. Additionally, he was the President and Chairman of the British Institute of International and Comparative Law, which is establishing the Bingham Centre for the Rule of Law in his honour.

On Thursday 16 November 2006, Lord Bingham delivered the sixth annual Sir David Williams lecture hosted by the Centre for Public Law at the Faculty of Law, University of Cambridge. The Lecture was entitled "The Rule of Law".

On 17 January 2008, Lord Bingham presented the annual Hansard Lecture at the University of Southampton.

On 14 March 2008, Lord Bingham delivered a Lectio Magistralis at the Faculty of Law, Roma Tre University in Rome, Italy receiving the Laurea Honoris Causa in Law. The Lecture was entitled "The Rule of Law".

From 2001 to 2008, Lord Bingham held the office of High Steward
High Steward (academia)
The High Steward in the universities of Oxford and Cambridge is a once-important but now largely ceremonial university official...

 of the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...

, the second highest office in the academic hierarchy, and in 2003 he came second to Chris Patten
Chris Patten
Christopher Francis Patten, Baron Patten of Barnes, CH, PC , is the last Governor of British Hong Kong, a former British Conservative politician, and the current chairman of the BBC Trust....

 in the election of the Chancellor
Chancellor (education)
A chancellor or vice-chancellor is the chief executive of a university. Other titles are sometimes used, such as president or rector....

. Lord Bingham was also the Visitor of Balliol College

In 2009, Lord Bingham was involved with the UK Charity, Reprieve.

In 2009 he delivered the annual Jan Grodecki lecture at the University of Leicester entitled 'The House of Lords: Its Future'

Views on the legality of the 2003 invasion and occupation of Iraq by the US and the UK

On 17 November 2008, in his first major speech since his retirement as the senior law lord, Lord Bingham, addressing the British Institute of International and Comparative Law, disputed the legality the 2003 invasion of Iraq by the US, the UK and other countries. He said that the invasion and occupation of Iraq was "a serious violation of international law", and he accused Britain and the US of acting like a "world vigilante".

Interview on the Rule of Law

In June 2009, Lord Bingham was interviewed by legal commentator Joshua Rozenberg on the subject of the rule of law in international affairs. The interview was conducted to raise awareness of the Bingham Centre for the Rule of Law at the British Institute of International and Comparative Law. Lord Bingham's thoughts on this subject, in particular the banning of certain weapons in international conflict, were covered by newspapers The Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...

(Top judge: 'use of drones intolerable') and the Daily Telegraph (Unmanned drones could be banned, says senior judge
).
Recordings of Lord Bingham's views on the Rule of Law and matters pertaining to the British constitution can be seen at ReConstitution, the website of The Constitution Society.

His book, The Rule of Law, was published by Allen Lane in 2010. It won the 2011 Orwell Prize
Orwell Prize
The Orwell Prize used to be regarded as the pre-eminent British prize for political writing.Three prizes are awarded each year: one for a book, one for journalism and another for blogging...

 for literature.

Notable Judgements

High Court
  • Bank of Tokyo Ltd v Karoon
    Bank of Tokyo Ltd v Karoon
    Bank of Tokyo Ltd v Karoon [1987] AC 45n is a conflict of laws case, which also relates to UK company law and piercing the corporate veil.-Facts:...

    [1987] AC 45n, piercing the corporate veil


Court of Appeal
  • Attia v British Gas Plc
    Attia v British Gas plc
    Attia v British Gas Plc [1988] QB 304 is an English tort law case, establishing that nervous shock from witnessing the destruction of personal property may be actionable. Prior to this case, a duty of care for an individual's mental health had not been established in situations not involving...

    [1988] QB 304, expanding the scope of psychiatric injury to relate to property
  • Al-Kandari v JR Brown & Co [1988] QB 665, no duty of care owed by a solicitor to the client's adversary
  • R v Secretary of State, ex parte Factortame Ltd (No 1) (22 March 1989) part of the Factortame saga establishing the principle of EU law supremacy where the UK has delegated sovereignty under the treaties
  • Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
    Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
    Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1987] is an English contract law case on onerous clauses and the rule of common law that reasonable notice of them must be given to a contracting party in order that they be effective...

    [1989] QB 433, the more onerous a contractual term the more candid notice must be to qualify as reasonable
  • The Aramis
    The Aramis
    The Aramis [1989] 1 Lloyd’s Rep 213 is an English case, relevant for the concept of an implied contract.-Facts:The case concerned the question whether a contract could be implied between the transferee of a bill of lading to whom the goods had been delivered and the carrier...

    [1989] 1 Lloyd’s Rep 213, the test for an implied contractual obligation is that it is necessary to reflect the business parties' expectations
  • Blackpool & Fylde Aero Club v Blackpool Borough Council
    Blackpool & Fylde Aero Club v Blackpool Borough Council
    Blackpool & Fylde Aero Club v Blackpool Borough Council [1990] is a leading English contract law case on the issue of offer and acceptance in relation to Call for bids...

    [1990] 1 WLR 1195, an implied contractual duty to consider tender offers arose on the facts to reflect the intentions objectively manifested by the parties


Master of the Rolls
  • Caparo Industries plc v Dickman [1990] 2 AC 605, the leading tort case on the duty of care
  • Hyundai Merchant Marine Co Ltd v Gesuri Chartering Co Ltd or The Peonia [1991] 1 Lloyd’s Rep 100, damages for late delivery of shipping goods are the difference between the market and the charter rate
  • Pitt v PHH Asset Management Ltd
    Pitt v PHH Asset Management Ltd
    Pitt v PHH Asset Management Ltd [1994] 1 WLR 327 is an English contract law case, which confirmed the enforceability of lockout agreements.-Facts:...

    [1994] 1 WLR 327, lockout agreements are enforceable
  • Ex Parte Unilever, an administrative law
    Administrative law
    Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...

     case concerning judicial review stating "the categories of unfairness are not closed, and precedent should act as a guide not a cage"
  • White Arrow Express Ltd v Lamey’s Distribution Ltd [1996] Trading Law Reports 69, remarks on non-pecuniary losses


House of Lords
  • Lubbe v Cape Plc
    Lubbe v Cape Plc
    Lubbe v Cape Plc [2000] is a conflict of laws case, which is also highly significant for the question of lifting the corporate veil in relation to tort victims...

    [2000] 1 WLR 1545, conflict of laws and sidestepping the corporate veil for tort victims
  • Reynolds v Times Newspapers Ltd [2001] 2 AC 127, qualified privilege
  • Director General of Fair Trading v First National Bank plc
    Director General of Fair Trading v First National Bank plc
    Director General of Fair Trading v First National Bank plc [2001] is the leading case on the Unfair Terms in Consumer Contracts Regulations 1999. It was an action to test the fairness of clauses in loan agreements which secured a bank commercial interest rates after a debtor that had defaulted and...

    [2001] UKHL 52, test of good faith in unfair contract term cases (not breached here)
  • Dextra Bank & Trust Company Limited v Bank of Jamaica
    Dextra Bank & Trust Company Limited v Bank of Jamaica
    Dextra Bank & Trust Company Limited v Bank of Jamaica [2002] is a recent and important case in unjust enrichment in the Privy Council.-Facts:...

    [2002] UKPC 50
  • Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, material increase in risk test of causation for victims of asbestos related torts
  • Transco plc v Stockport Metropolitan Borough Council [2003] UKHL 61, the firm affirmation of Rylands v Fletcher
    Rylands v Fletcher
    Rylands v Fletcher [1868] was a decision by the House of Lords which established a new area of English tort law. Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris,...

    strict liability for nuisance in English law
  • HIH Casualty and General Insurance Ltd v Chase Manhattan Bank
    HIH Casualty and General Insurance Ltd v Chase Manhattan Bank
    HIH Casualty and General Insurance Ltd v Chase Manhattan Bank [2003] UKHL 6 is an English contract law case, concerning misrepresentation.-Facts:...

    [2003] UKHL 6, exclusion of liability for fraudulent misrepresentation in English law
    Misrepresentation in English law
    Misrepresentation in English law is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person's false assurances, then the other person will be unable to...

  • R v G
    R v G
    R v G and Another [2003] UKHL 50 is an English criminal law case, concerning recklessness. It held that a defendant must be shown to have subjectively appreciated a risk to the health or property of another but carried on in any event before they may be said to be criminally culpable...

    [2003] UKHL 50, abolishing Caldwell recklessness
  • Chester v Afshar [2004] UKHL 41, a patient's right to be fully informed about the risks involved in a medical procedure
  • A and others v Secretary of State for the Home Department [2004] UKHL 56, illegality of indefinite detention
  • Doe v Secretary of State for the Home Department [2004] UKHL 26, freedom of conscience
  • R v Wang
    R v Wang
    Regina v Wang is an English criminal law case concerning the legality of a direction by a trial judge to a jury to find a defendant guilty.-Background:...

    [2005] 1 WLR 661, [2005] UKHL 9, [2005] 1 All ER 782, [2005] 2 Cr App R 8, 'there are no circumstances in which a judge is entitled to direct a jury to return a verdict of guilty'

  • Jackson v Attorney General
    Jackson v Attorney General
    Jackson 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, challenge to the fox hunting ban using the Parliament Acts 1911 and 1949
  • R (Begum) v Governors of Denbigh High School [2006] UKHL 15, no right to wear any religious dress regardless of a well consulted school uniform policy
  • Kay v Lambeth London Borough Council (2006), on evictions
  • Golden Strait Corporation v Nippon Yusen Kubishka Kaisha
    Golden Strait Corporation v Nippon Yusen Kubishka Kaisha
    Golden Strait Corporation v Nippon Yusen Kubishka Kaisha [2007] is an English contract law case, concerning the measure of damages for breach of contract.-Facts:...

    [2007] UKHL 12, measure of damages for breach of contract
  • R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)
    R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)
    R v Secretary of State for Foreign and Commonwealth Affairs was a case of the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory...

    [2008] UKHL 61
  • R v Davis
    R v Davis
    R v Davis [2008] UKHL 36 is a decision of the United Kingdom House of Lords which considered the permissibility of allowing witnesses to give evidence anonymously. In 2002 two men were shot and killed at a party, allegedly by the defendant, Ian Davis. He was extradited from the United States and...

    [2008] UKHL 36, anonymity of witness evidence

External links

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