Ian Hamilton QC
   HOME

TheInfoList



OR:

Ian Robertson Hamilton KC (13 September 1925 – 3 October 2022) was a Scottish lawyer and
nationalist Nationalism is an idea or movement that holds that the nation should be congruent with the State (polity), state. As a movement, it presupposes the existence and tends to promote the interests of a particular nation,Anthony D. Smith, Smith, A ...
, best known for his part in the return of the Stone of Destiny from
Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an Anglican church in the City of Westminster, London, England. Since 1066, it has been the location of the coronations of 40 English and British m ...
to
Arbroath Abbey Arbroath Abbey, in the Scottish town of Arbroath, was founded in 1178 by William I of Scotland, King William the Lion for a group of Tironensian Benedictine monks from Kelso Abbey. It was consecration, consecrated in 1197 with a dedication to th ...
in 1950.Ian R. Hamilton
," Publisher’s author biography. Birlinn Limited. 2009. ''(Retrieved 9 January 2010.)''


Early life

Hamilton was born in Paisley, Scotland, on 13 September 1925, the son of a
tailor A tailor is a person who makes or alters clothing, particularly in men's clothing. The Oxford English Dictionary dates the term to the thirteenth century. History Although clothing construction goes back to prehistory, there is evidence of ...
.Ian Hamilton: Patriot and Nationalist
" '' Siol nan Gaidheal''. ''(Retrieved 9 January 2010.)''
He attended the John Neilson Institution in Paisley then
Allan Glen's School Allan Glen's School was, for most of its existence, a State school, local authority, selective Secondary education, secondary school for boys in Glasgow, Scotland, charging nominal fees for tuition. It was founded by the Allan Glen's Endowment ...
in Glasgow, before going on to the
University of Glasgow The University of Glasgow (abbreviated as ''Glas.'' in Post-nominal letters, post-nominals; ) is a Public university, public research university in Glasgow, Scotland. Founded by papal bull in , it is the List of oldest universities in continuous ...
to study law, after having served in the
Royal Air Force The Royal Air Force (RAF) is the Air force, air and space force of the United Kingdom, British Overseas Territories and Crown Dependencies. It was formed towards the end of the World War I, First World War on 1 April 1918, on the merger of t ...
.


National activism

It was at University where Hamilton became politically active. A participant in debates at the Glasgow University Union, he was a member of the Glasgow University Scottish Nationalist Association and the
Scottish Covenant Association The Scottish Covenant Association was a non-partisan political organisation in Scotland in the 1940s and 1950s seeking to establish a devolved Scottish Assembly. It was formed by John MacCormick who had left the Scottish National Party in 1942 ...
. He was also the
campaign manager A campaign manager, campaign chairperson, or campaign director is an individual whose role is to coordinate a political campaign's spending, broad tactics, and hiring. They lead operations such as Campaign finance, fundraising, advertising, Opi ...
for the successful bid to have
John MacCormick John MacDonald MacCormick (20 November 1904 – 13 October 1961) was a Scottish lawyer, Scottish nationalist politician and advocate of Home Rule in Scotland. Early life MacCormick was born in Pollokshields, Glasgow, in 1904. His father was D ...
elected Rector of the University.


Stone of Destiny

On
Christmas Eve Christmas Eve is the evening or entire day before Christmas, the festival commemorating nativity of Jesus, the birth of Jesus in Christianity, Jesus. Christmas Day is observance of Christmas by country, observed around the world, and Christma ...
1950, Hamilton, along with three other student Scottish nationalists including
Kay Matheson Kay Matheson (7 December 1928 – 6 July 2013) was a Scottish teacher, political activist, and Gaelic scholar. She was one of the four University of Glasgow students involved in the 1950 removal of the Stone of Scone. Life Matheson was born ...
, removed the Stone of Destiny from its place under the
Coronation Chair The Coronation Chair, also known as St Edward's Chair or King Edward's Chair, is an ancient wooden chair that is used by British monarchs when they are invested with regalia and crowned at their coronation. The chair was commissioned in 1296 b ...
in
Westminster Abbey Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an Anglican church in the City of Westminster, London, England. Since 1066, it has been the location of the coronations of 40 English and British m ...
, London. Originally used for the coronation of Scottish monarchs, the Stone had been removed to England by
Edward I Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots (Latin: Malleus Scotorum), was King of England from 1272 to 1307. Concurrently, he was Lord of Ireland, and from 125 ...
in 1296 to bolster his claim to the throne of Scotland. After the
Acts of Union 1707 The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agree ...
between Scotland and England, it was used for the coronation of British monarchs. As such, Hamilton's action in returning the Stone to Scotland was applauded as a symbolic triumph for
Scottish nationalism Scottish nationalism promotes the idea that the Scottish people form a cohesive nation and Scottish national identity, national identity. Scottish nationalism began to shape from 1853 with the National Association for the Vindication of Scottis ...
. The Stone was turned over to the
Church of Scotland The Church of Scotland (CoS; ; ) is a Presbyterian denomination of Christianity that holds the status of the national church in Scotland. It is one of the country's largest, having 245,000 members in 2024 and 259,200 members in 2023. While mem ...
, which passed it to the authorities in April 1951. Hamilton and his accomplices were charged, but never prosecuted. The Stone was eventually returned to Scotland in 1996, with provision for subsequent use in the coronation of British monarchs. In 2008, Charles Martin Smith wrote and directed a feature film entitled '' Stone Of Destiny'', based on these events, in which Hamilton was portrayed by Charlie Cox. Hamilton himself had a small part as an English businessman.


MacCormick v. Lord Advocate

When first admitted to the bar as a young
advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
in 1953, Hamilton refused to swear allegiance to
Queen Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...
arguing that she could only be referred to as "Queen Elizabeth" (sans regnal number) in Scotland as the regnal numbers counted
Queen Elizabeth I Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. She was the last and longest reigning monarch of the House of Tudor. Her eventful reign, and its effect on history ...
, who had not ruled over Scotland or any of the subsequent united kingdoms which it has entered into. '' MacCormick v Lord Advocate'', which Hamilton brought with rector John MacCormick against the
Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, parti ...
, failed. The
Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...
of the Scottish
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
held that the monarch's title is the sole
prerogative In law, a prerogative is an exclusive right bestowed by a government or State (polity), state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of ...
of the
sovereign ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...
, and the Crown had accepted a system whereby regnal numbers were taken from the larger of both former kingdoms in the United Kingdom, that is England and not Scotland. (It was later suggested by
Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 1874 – 24 January 1965) was a British statesman, military officer, and writer who was Prime Minister of the United Kingdom from 1940 to 1945 (Winston Churchill in the Second World War, ...
after the accession of Elizabeth II that, in the future, the higher of the two numerals from the English and Scottish sequences could be used. This system has yet to be put to the test.)


Career

After graduating from university, Hamilton was admitted to the bar and became a practising lawyer. His play ''The Tinkers of the World'' was staged at Edinburgh's Gateway Theatre early in 1957. Hamilton joined the Labour Party for a short while, but spent most of his life in active politics as a member of the
Scottish National Party The Scottish National Party (SNP; ) is a Scottish nationalist and social democratic party. The party holds 61 of the 129 seats in the Scottish Parliament, and holds 9 out of the 57 Scottish seats in the House of Commons of the United Kingdom, ...
(SNP). He was SNP candidate for the Strathclyde East seat at the 1994 election to the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
, as well as a candidate for the SNP in the Greenock and Inverclyde seat at the 1999 election to the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
. Hamilton was
Rector of the University of Aberdeen The Lord Rector of the University of Aberdeen is the students' representative and chairperson in the University Court of the University of Aberdeen. The position is rarely known by its full title and most often referred to simply as " Rector". T ...
from 1994 to 1996 and was awarded the degree of
Doctor of Laws A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
(
Honoris Causa An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
) in his final year. He was also chosen by the Glasgow University Scottish Nationalist Association as their candidate for the Glasgow University Rectorial election in 1999 in which he came second to the actor,
Ross Kemp Ross James Kemp (born 21 July 1964) is an English actor, author, and television presenter. He rose to prominence in the role of Grant Mitchell in the BBC soap opera ''EastEnders''. His other roles include Graham Lodsworth in ''Emmerdale'' and ...
. Hamilton wrote two autobiographical works, that are also in part polemical, ''A Touch of Treason'' (1990) and ''A Touch More Treason'' (1994). At one time he wrote a blog, where he posted commentary on Scottish social and political life, and latterly occasionally posted thoughts to Twitter including support for
Scottish independence Scottish independence (; ) is the idea of Scotland regaining its independence and once again becoming a sovereign state, independent from the United Kingdom. The term Scottish independence refers to the political movement that is campaignin ...
. He died in
North Connel North Connel is a hamlet on the north side of Loch Etive in Argyll and Bute, Scotland. Connel Bridge connects the community to Connel on the south shore of the loch, approximately 7 kilometres from Oban Oban ( ; meaning ''The Little B ...
on 3 October 2022, aged 97.


Royal Bank of Scotland lawsuit

In February 2009,
BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broad ...
and ''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
'' reported that Hamilton was suing the
Royal Bank of Scotland The Royal Bank of Scotland Public Limited Company () is a major retail banking, retail and commercial bank in Scotland. It is one of the retail banking subsidiaries of NatWest Group, together with NatWest and Ulster Bank. The Royal Bank of Sco ...
(RBS) over claims they had mis-sold shares to him in April 2008.Cramb, Auslan.
Former QC takes Royal Bank of Scotland to court in shares row
" ''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a British daily broadsheet conservative newspaper published in London by Telegraph Media Group and distributed in the United Kingdom and internationally. It was found ...
''. 19 February 2009. ''(Retrieved 10 January 2010.)''
Hamilton purchased 640 shares at £2 per share as part of a £12 billion rights issue. The writ he lodged in court claimed that the bank invited shareholders, including him and his wife, to invest in a rights issue, an offer that he took up on her behalf. The writ further alleged that RBS induced him to invest his money by "concealing the true state of their finances". He further alleged that the bank was "negligent in representing themselves as solvent at all material times when in fact they were insolvent". RBS stated they would defend themselves vigorously against the claims made by Hamilton in the
small claims court Small-claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions, and go by different names in different jurisdictions. For example, it ma ...
, but he dropped the case on 26 February 2009 after the sheriff at
Oban Sheriff Court Oban Sheriff Court is a judicial building on Albany Street in Oban in Scotland. The building, which remains in use as a courthouse, is a Category B listed building. History The current building was intended to replace an earlier courthouse and ...
ruled that it would have to be considered at a higher court, given the legal and factual complexity of the case.


Portrayals in popular culture

In 2008, Hamilton's book, ''The Taking of the Stone of Destiny'', was made into a movie entitled '' Stone of Destiny''. The film depicted Hamilton (played by Charlie Cox) as the protagonist leading a team of students to reclaim the Stone of Destiny. Additionally, Hamilton had a small
cameo role A cameo appearance, also called a cameo role and often shortened to just cameo (), is a brief guest appearance of a well-known person or character in a work of the performing arts. These roles are generally small, many of them non-speaking one ...
.Stone of Destiny
" ''
The Internet Movie Database IMDb, historically known as the Internet Movie Database, is an online database of information related to films, television series, podcasts, home videos, video games, and streaming content online – including cast, production crew and biograp ...
''. ''(Retrieved 9 January 2010.)''


References


External links

* {{DEFAULTSORT:Hamilton, Ian 1925 births 2022 deaths Lawyers from Paisley, Renfrewshire Rectors of the University of Aberdeen Alumni of the University of Glasgow Scottish King's Counsel 20th-century King's Counsel Members of the Faculty of Advocates Scottish National Party politicians Scottish nationalists British Army personnel of World War II