Charles Eliot Jauncey, Baron Jauncey of Tullichettle, PC (8 May 1925 – 18 July 2007) was a British judge and advocate. He was often praised as one of the finest legal minds of his generation in Scotland, and his legal opinions - both as a practising advocate and as a judge - commanded immense respect.

Early life and career

Jauncey was the son of Captain John Henry Jauncey, who came out of retirement to command destroyers in the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

, and Muriel Dundas, daughter of Admiral Sir Charles Dundas. He was educated at

Radley College Radley College, formally St Peter's College, Radley, is a public school (independent boarding school for boys) near Radley, Oxfordshire, England, which was founded in 1847. The school covers including playing fields, a golf course, a lake, an ...

, leaving in 1943 to join the Royal Naval Volunteer Reserve. He served in Egypt and India in the

, from 1943 to 1946, reaching the rank of Sub-Lieutenant. He contracted

polio Poliomyelitis, commonly shortened to polio, is an infectious disease caused by the poliovirus. Approximately 70% of cases are asymptomatic; mild symptoms which can occur include sore throat and fever; in a proportion of cases more severe s ...

in Ceylon and was invalided home, being left with a slight limp for the rest of his life. He read law at Christ Church, Oxford, graduating with a

Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...

degree in

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

in 1947, and at the

University of Glasgow , image = UofG Coat of Arms.png , image_size = 150px , caption = Coat of arms Flag , latin_name = Universitas Glasguensis , motto = la, Via, Veritas, Vita , ...

, where he received a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...

degree in 1949. He became an advocate of the

Scottish Bar 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. The Faculty of Advocates is a const ...

in 1949, joining the

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. The Faculty of Advocates is a constit ...

. He undertook a wide range of civil legal work, but his practice concentrated mostly on wills, trusts and estates. He became a standing junior counsel to the Ministry of Works in Scotland in 1953, and standing junior counsel to

the Admiralty The Admiralty was a department of the Government of the United Kingdom responsible for the command of the Royal Navy until 1964, historically under its titular head, the Lord High Admiral – one of the Great Officers of State. For much of it ...

in 1954. Supporting Ian Fraser QC (later

Lord Fraser of Tullybelton Walter Ian Reid Fraser, Baron Fraser of Tullybelton, (3 February 1911 – 17 February 1989) was a British judge. Life and career Ian Fraser was born in Glasgow on 3 February 1911, the only child of Alexander Reid Fraser, a Glasgow fur mer ...

), he was junior counsel to

Margaret Campbell, Duchess of Argyll Ethel Margaret Campbell, Duchess of Argyll (''née'' Whigham, formerly Sweeny; 1 December 1912 – 25 July 1993) was a Scottish heiress, socialite, and aristocrat who was most famous for her 1951 marriage and much-publicised 1963 divorce fro ...

, from 1959 to 1963 in the notorious divorce action brought by her husband,

Ian Campbell, 11th Duke of Argyll Ian Douglas Campbell, 11th and 4th Duke of Argyll (18 June 1903 – 7 April 1973), was a Scottish peer and the Chief of Clan Campbell ( gd, MacCailein Mòr). He is chiefly remembered for his unhappy marriage to, and scandalous 1963 divorce fro ...

, alleging her

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

, which broke new ground in the law of

confidentiality Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required ...

. He took silk becoming a

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...

for

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

in 1963. He was part-time Sheriff Principal of Fife and Kinross from 1971 to 1974, resigning to continue his legal practice when the position became full-time. He was a Judge of the Courts of Appeal of

Jersey Jersey ( , ; nrf, Jèrri, label= Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the l ...

and Guernsey from 1972 to 1979.

Judicial career

He became a Senator of the College of Justice in Scotland in 1979. Amongst other cases, he sat in two particularly long-running cases: ''McColl v. Strathclyde Regional Council''

983 Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...

SC 225, a 203-day hearing contesting the mandatory

fluoridation Water fluoridation is the controlled adjustment of fluoride to a public water supply solely to reduce tooth decay. Fluoridated water contains fluoride at a level that is effective for preventing cavities; this can occur naturally or by addin ...

of the water supply in Glasgow, and ''Santa Fe v. Heerama'', a patent infringement case relating to semi-submersible drilling platforms in the North Sea which settled after 191 days in court. He held this post until 1988, when he became a Lord of Appeal in Ordinary. He was appointed to the Privy Council and was created a life peer with the title Baron Jauncey of Tullichettle, of Comrie in the District of Perth and Kinross. He also sat on the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...

. He retired in 1996, but the Queen appointed him a special commissioner and arbitrator in 1998 to determine a dispute between the Dean of

Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the Unite ...

and its dismissed organist, Dr

Martin Neary Martin Gerard James Neary LVO is an English organist and choral conductor. Neary was born in London, and read theology and music at Cambridge University. He was Organist and Director of Music at Winchester Cathedral from 1972 to 1988, and Org ...

and Mrs Neary. He was chairman of the House of Lords Committee in 2001-2 that investigated the

crash Crash or CRASH may refer to: Common meanings * Collision, an impact between two or more objects * Crash (computing), a condition where a program ceases to respond * Cardiac arrest, a medical condition in which the heart stops beating * Couch su ...

of the RAF

Chinook helicopter The Boeing CH-47 Chinook is a tandem rotor helicopter developed by American rotorcraft company Vertol and manufactured by Boeing Vertol. The Chinook is a heavy-lift helicopter that is among the heaviest lifting Western helicopters. Its name ...

ZD576 in the

Mull of Kintyre The Mull of Kintyre is the southwesternmost tip of the Kintyre Peninsula (formerly ''Cantyre'') in southwest Scotland. From here, the Antrim coast of Northern Ireland is visible on a calm and clear day, and a historic lighthouse, the second ...

in 1994 that killed all 29 on board. He continued to be active in the House of Lords after his retirement, until a stroke in November 2004. He twice caught

MRSA Methicillin-resistant ''Staphylococcus aureus'' (MRSA) is a group of Gram-positive bacteria that are genetically distinct from other strains of ''Staphylococcus aureus''. MRSA is responsible for several difficult-to-treat infections in humans. ...

while recuperating at

Perth Royal Infirmary Perth Royal Infirmary is a district hospital in Perth. The Royal Infirmary serves a population of around 182,000 across the City of Perth and the wider Perth and Kinross area. It is managed by NHS Tayside. History Perth Royal infirmary has it ...

. Outside the law, Jauncey became a member of the

Royal Company of Archers The Royal Company of Archers, The King's Bodyguard for Scotland is a ceremonial unit that serves as the Sovereign's bodyguard in Scotland—a role it has performed since 1822 during the reign of King George IV when the company provided a per ...

in 1951. His interest in genealogy led to his appointment as Kintyre Pursuivant of Arms from 1955 to 1971. He was also a member of the Historic Buildings Council for Scotland from 1972 to 1992 and he was chairman of the influential Edinburgh conservation body the

Cockburn Association The Cockburn Association (Edinburgh's Civic Trust) is one of the world's oldest architectural conservation and urban planning monitoring organisations, founded in 1875. The Scottish judge Henry Cockburn (1779–1854) was a prominent campaigner t ...

from 1975 to 1978. He enjoyed fishing in the rivers of Perthsire. He lived in Tullichettle, near Comrie in Perthshire, for 60 years, and was a member of his local Episcopal church. He died in Comrie.

Personal life

He married three times. He first married Jean Cunninghame Graham, daughter of Admiral Sir

Angus Cunninghame Graham Admiral Sir Angus Edward Malise Bontine Cunninghame Graham of Gartmore and Ardoch (16 February 1893 – 14 February 1981) was a Royal Navy officer who became Flag Officer, Scotland. Naval career Educated at Ascham St. Vincent's School, Cunnin ...

, in 1948. They had two sons, Jamie and Simon, and a daughter, Arabella. After their divorce in 1969, he married Elizabeth Ballingal, widow of Major John Ballingal, in 1973. After a second divorce in 1977, he married a third time, to Camilla Cathcart, daughter of Lieutenant-Colonel Charles Cathcart, later that year. They had one daughter, Cressida.

Arms

References

*
''The Daily Telegraph'' Obituary, 21 July 2007

''The Independent'' Obituary, 23 July 2007

''The Times'' Obituary, 24 July 2007

{{DEFAULTSORT:Jauncey, Charles 1925 births 2007 deaths Alumni of Christ Church, Oxford Alumni of the University of Glasgow Jauncey of Tullichettle Members of the Faculty of Advocates Members of the Judicial Committee of the Privy Council Members of the Privy Council of the United Kingdom Members of the Royal Company of Archers People educated at Radley College 20th-century King's Counsel Royal Navy officers Royal Naval Volunteer Reserve personnel of World War II Jauncey of Tullichettle Scottish officers of arms Scottish King's Counsel Scottish sheriffs