David Hope, Baron Hope of Craighead facts for kids
Quick facts for kids
The Lord Hope of Craighead
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| Convenor of the Crossbench Peers | |
| In office 28 September 2015 – September 2019 |
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| Preceded by | The Lord Laming |
| Succeeded by | The Lord Judge |
| Deputy President of the Supreme Court of the United Kingdom |
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| In office 1 October 2009 – 26 June 2013 |
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| Nominated by | Jack Straw |
| Appointed by | Elizabeth II |
| President | The Lord Phillips of Worth Matravers |
| Preceded by | Position created |
| Succeeded by | The Baroness Hale of Richmond |
| Second Senior Lord of Appeal in Ordinary | |
| In office 21 April 2009 – 1 October 2009 |
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| Preceded by | The Lord Hoffmann |
| Succeeded by | Position abolished |
| Lord of Appeal in Ordinary | |
| In office 1 October 1996 – 1 October 2009 |
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| Preceded by | The Lord Keith of Kinkel |
| Succeeded by | Position abolished |
| Lord Justice General Lord President of the Court of Session |
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| In office 1989–1996 |
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| Preceded by | The Lord Emslie |
| Succeeded by | The Lord Rodger of Earlsferry |
| Chancellor of the University of Strathclyde | |
| In office 1998–2013 |
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| Deputy | Sir Jim McDonald |
| Succeeded by | The Lord Smith of Kelvin |
| Member of the House of Lords Lord Temporal |
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| Assumed office 28 February 1995 Life Peerage |
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| Personal details | |
| Born |
James Arthur David Hope
27 June 1938 |
| Nationality | British |
| Political party | Crossbencher |
| Spouse | Katharine Mary Kerr |
| Residence | Edinburgh |
| Alma mater | St John's College, Cambridge; University of Edinburgh |
| Profession | Advocate |
| Military service | |
| Branch/service | British Army |
| Years of service | 1957–59 |
| Rank | Lieutenant |
| Unit | Seaforth Highlanders |
James Arthur David Hope, Baron Hope of Craighead, KT, PC, FRSE (born 27 June 1938) is a retired Scottish judge who served as the Lord President of the Court of Session and Lord Justice General, Scotland's most senior judge, and later as first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013. He had previously been the Second Senior Lord of Appeal in Ordinary. He is the Chief Justice of Abu Dhabi Global Market Courts.
He has published 5 volumes of his diaries, archived his papers at the National Library of Scotland, and been involved in numerous controversies. He continues in private practice as an arbitrator. His other appointments have included Lord High Commissioner to the General Assembly of the Church of Scotland, and Convenor of the Crossbench peers in the House of Lords.
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Early life
A descendant of Charles Hope, Lord Granton, Lord President of the Court of Session from 1811 to 1841 through his third son, David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (née Collie), and educated at Edinburgh Academy and Rugby School. He completed National Service as an officer with the Seaforth Highlanders, between 1957 and 1959, where he reached the rank lieutenant. In 1959 he commenced his studies as an Open Scholar at St John's College, Cambridge where he read Classics. He graduated with a B.A. degree in 1962. He then returned to Scotland and studied at the Faculty of Law of the University of Edinburgh, graduating LL.B. in 1965.
In 1966, Hope married Katharine Mary Kerr, daughter of solicitor Mark Kerr WS, with whom he has twin sons and a daughter.
Hope was admitted as an advocate in 1965 and became a Queen's Counsel in 1978. He served as Standing Junior Counsel in Scotland to the Board of the Inland Revenue from 1974 to 1978, and as an Advocate Depute from 1978 to 1982, prosecuting cases on behalf of the Crown. Between 1985 and 1986, he was Chairman of the Medical Appeal Tribunal and the Pensions Appeal Tribunal, and from 1986 to 1989 was Dean of the Faculty of Advocates.
The Bench in the UK and following
In 1989, Hope became a Senator of the College of Justice, taking the judicial title Lord Hope, and was appointed directly from the practising Bar to the offices of Lord President of the Court of Session and Lord Justice General. He was made a Privy Counsellor at this time, and was awarded a life peerage in the 1995 New Year Honours. His title was gazetted as Baron Hope of Craighead, of Bamff in the District of Perth and Kinross on 28 February 1995. In 1996, Lord Hope of Craighead retired as Lord President to become a Lord of Appeal in Ordinary, and was succeeded by Lord Rodger of Earlsferry. On 21 April 2009, he was appointed Second Senior Law Lord, succeeding Lord Hoffmann. On 1 October 2009, Hope became one of the first Justices of the Supreme Court of the United Kingdom, and its first Deputy President. He retired from that position on 26 June 2013.
Lord Hope of Craighead, having retired from the Bench in the UK, became available privately as a practising arbitrator. In October 2013 he joined Brick Court chambers in London as an arbitrator. Additionally he joined Terra Firma chambers in Edinburgh as an arbitrator from June 2023. From October 2015 to December 2023 and continuing, Lord Hope of Craighead served as remunerated Chief Justice of Abu Dhabi Global Market Courts.
In November 2014 it was announced that Lord Hope of Craighead would be appointed as Lord High Commissioner to the General Assembly of the Church of Scotland in 2015.He served as Convenor of the Crossbench peers in the House of Lords from 2015 to 2019.
Lord Hope of Craighead resides in Moray Place in Edinburgh and in 2014 appeared in a television documentary programme about his home and the street in which it stands.
Lord Hope of Craighead's Historical Archives
In November 2014, Lord Hope of Craighead donated to the National Library of Scotland 16 boxes containing 90 files spanning the period 1953 - 2014. Access to all these documents is unrestricted. The Inventory references: 1-79 Professional Papers (1-46 Advocate’s Opinions, 1978-1989; 47-55 Dean of Faculty Notes and Draft Letters, 1986-1989; 56-78 Judicial Opinions, 1989-1994; 79 Financial Papers, 1965-1989); 80 Personal Papers, 1959-1962; 81-90 Ephemera, 1953-2014. The first 46 items in the Inventory, Advocate’s Opinions, 1978-1989, were produced under legal professional privilege.
Diaries
Starting in 2018, Lord Hope of Craighead's diaries were published in five volumes. These are:
Senior Counsel 1978-1986: Lord Hope's Diaries Volume I
Dean of Faculty 1986-1989: Lord Hope's Diaries Volume II
Lord President 1989-1996: Lord Hope's Diaries Volume III
House of Lords 1996-2009: Lord Hope's Diaries Volume IV
UK Supreme Court. and Afterwards 2009-2015: Lord Hope's Diaries Volume V
The works chronicled his life, experiences and rise to the top, from Senior Counsel to his retirement from the Supreme Court. They contain observations on his judicial colleagues and disclose information as to panel deliberations, as appears in the Controversies section below.
Notable cases
As Deputy President of the Supreme Court
- R (E) v Jewish Free School [2009] UKSC 1 - discrimination in school admissions on religious grounds
- R (L) v Commissioner of Police of the Metropolis [2009] UKSC 3 - criminal records checks and right to respect for private and family life
- BA (Nigeria) v Secretary of State [2009] UKSC 7 - right of appeal against deportation orders
- Gisda Cyf v Barratt [2010] UKSC 41 - employment contracts as against general contracts
- Cadder v HM Advocate [2010] UKSC 43 - police detention of suspects
- HM Treasury v Ahmed [2010] UKSC 2 - strikes Treasury Orders related to UNSC 1267 Committee
- Jones v Kaney [2011] UKSC 13 - immunity from suit of expert witnesses
- Fraser v HM Advocate [2011] UKSC 24 - role of the UK Supreme Court in Scots criminal law
As Lord of Appeal in Ordinary
- R v Woollin [1999] 1 AC 82 - indirect intention
- Lubbe v Cape Plc [2000] 1 WLR 1545 - tortious liability of shareholders
- Bruton v London and Quadrant Housing Trust [2000] 1 AC 406 - rights of landlords and tenants
- White v White [2001] 1 AC 596 - distribution of property on divorce
- DGFT v First National Bank plc [2001] UKHL 52 - unfair contractual terms and the construction of unreviewable core terms
- Wilson v First County Trust Ltd (No 2) [2003] UKHL 40 - impact of the Consumer Credit Act 1974 on pawnshop dealers' human rights
- Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22 - right to privacy and confidentiality
- Chester v Afshar [2004] UKHL 41 - patients' right to give fully informed consent
- Archibald v Fife Council [2004] UKHL 32 - reasonable adjustments for the disabled
- Jackson v Royal Bank of Scotland [2005] UKHL 3 - remoteness
- Re Spectrum Plus Ltd [2005] UKHL 41 - definition of "floating charge"
- Jackson v Attorney General [2005] UKHL 56 - fox hunting ban
- J & H Ritchie Ltd v Lloyd Ltd [2007] UKHL 9 - Sale of Goods Act 1979, section 35 and measure of damages for poor quality after repair
- Stack v Dowden [2007] UKHL 17 - beneficial interest in the family home on divorce
- The Achilleas [2008] UKHL 48 - remoteness
- Austin v Commissioner of Police of the Metropolis [2009] UKHL 5 - kettling of protestors
- Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 - influence of pre-contractual negotiations on construction
As Lord President
- Sharp v Thomson 1997 SC(HL) 66 - Scots property law
- West v Secretary of State for Scotland 1992 SC 385 - Scots judicial review
As Lord Justice General
- Ross v HM Advocate 1991 JC 210 - automatism
Honours and Arms
The Lord Hope of Craighead became Chancellor of the University of Strathclyde in 1998 and was appointed a Fellow in 2000. He stepped down as Chancellor in October 2013. He was awarded an honorary LL.D. by the university in 1993, and by the University of Aberdeen in 1991 and the University of Edinburgh in 1995.
In 2007, he was awarded the David Kelbie Award by the Institute of Contemporary Scotland. He was formerly an Honorary Professor of Law at the University of Aberdeen, and is an honorary member of the Canadian Bar Association (1987) and of The Society of Legal Scholars (1991), an Honorary Fellow of the American College of Trial Lawyers (2000), and an Honorary Bencher of Gray's Inn (1989) and of the Inn of Court of Northern Ireland (1995). He was also, as of 2008, the Honorary President of the Edinburgh Student Law Review.
On St Andrew's Day, 30 November 2009, Lord Hope of Craighead was appointed to the Order of the Thistle by Queen Elizabeth II. The Order of the Thistle is the highest chivalric honour in Scotland. In the UK as a whole it is second only to the Order of the Garter amongst chivalric orders. The order honours Scottish men and women who have held public office or who have contributed in some way to national life. Lord Hope of Craighead represented the Order at the 2023 Coronation.
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