William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a

lord of appeal in ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...

between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law".

Early life and legal career

Kenneth Diplock was born in

South Croydon South Croydon in south London is the area surrounding the valley south of central Croydon and running as far south as the former Red Deer public house on the Brighton Road. It is bounded by Waddon to the West and Selsdon and Sanderstead to the E ...

, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at

Whitgift School ("He who perseveres, conquers") , established = , closed = , type = Independent school , religious_affiliation = Church of England , president = , head_label = Head Master , head = Christopher Ramsey , c ...

Croydon Croydon is a large town in south London, England, south of Charing Cross. Part of the London Borough of Croydon, a local government district of Greater London. It is one of the largest commercial districts in Greater London, with an extens ...

and

University College, Oxford University College (in full The College of the Great Hall of the University of Oxford, colloquially referred to as "Univ") is a constituent college of the University of Oxford in England. It has a claim to being the oldest college of the unive ...

, where he read chemistry and graduated with a second-class degree in 1929. He was Secretary of the

Oxford Union The Oxford Union Society, commonly referred to simply as the Oxford Union, is a debating society in the city of Oxford England, whose membership is drawn primarily from the University of Oxford. Founded in 1823, it is one of Britain's oldest ...

for a term in 1929. He later become an honorary fellow of University College in 1958. Diplock was called to the bar by the

Middle Temple The Honourable Society of the Middle Temple, commonly known simply 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 ...

in 1932. After two years in the chambers of Sir Valentine Holmes, KC, he transferred to the chambers of Sir Leslie Scott, KC. In 1939, he left legal practice for serve in the Second World War; in 1941, he joined the

Royal Air Force The Royal Air Force (RAF) is the United Kingdom's air and space force. It was formed towards the end of the First World War on 1 April 1918, becoming the first independent air force in the world, by regrouping the Royal Flying Corps (RFC) an ...

, in which he reached the rank of

squadron leader Squadron leader (Sqn Ldr in the RAF ; SQNLDR in the RAAF and RNZAF; formerly sometimes S/L in all services) is a commissioned rank in the Royal Air Force and the air forces of many countries which have historical British influence. It is als ...

. From 1939 to 1948, he was secretary to the

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 President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...

, Lord Greene. Returning to the bar in 1945, Diplock was made a

King'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 or ...

in 1948, at the early age of 41. He acquired a large practice in commercial work and in advisory work for Commonwealth governments. He was Recorder of Oxford from 1951 to 1956.

Judicial career

In 1956, Diplock was appointed to the

High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...

, receiving the customary

knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...

. Assigned to the

Queen's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...

, he was appointed President of the Restrictive Practices Court in January 1961. He was promoted to be a

lord justice of appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice ...

in October 1961, and was sworn of the Privy Council. He became a

Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...

on 30 September 1968 and was elevated as a

life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...

with the title Baron Diplock, ''of Wansford in the County of

Huntingdon and Peterborough Huntingdon and Peterborough was a short-lived administrative and geographical county in East Anglia in the United Kingdom. It existed from 1965 to 1974, when it became part of Cambridgeshire. Formation The Local Government Act 1888 created f ...

'' to the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster ...

.He became the senior Law Lord upon the retirement of Lord Wilberforce in 1982. He resigned his seniority in October 1984 but remained a Law Lord until his death the following year. He was chairman of the Security Commission from 1971 to 1982. As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against

terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...

in Northern Ireland, which led to the establishment of the juryless Diplock courts with which his name is now often associated. In September 1985, Lord Diplock sat as a judge for the last time, in a special sitting of the Judicial Committee of the Privy Council during the Long Vacation for an urgent civil case from Trinidad and Tobago. Severely ill from emphysema, Diplock came to court from the hospital in a wheelchair and with an oxygen cylinder. At the time of his death, Lord Diplock was the longest serving law lord as well as the last serving superior judge to not be covered the mandatory retirement age of 75 introduced by the Judicial Pensions Act 1959.

Personal life

He married Maraget Sarah Atcheson in 1938; they had no children.

Contributions to legal thought

He made many contributions to legal thought and pushed the law in new and unique directions, not least UK courts without juries (' Diplock courts)'.Report of the Commission to Consider Legal Procedures to deal with Terrorist Activities in Northern Ireland
( Cmmd. 5185); full text of the Diplock Report His rulings, especially those on administrative law, are often considered as authoritative not only in England but across the

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with " republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from th ...

and even in the United States, where he has been cited by the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

. Examples include '' Council of Civil Service Unions v Minister for the Civil Service'' 984UKHL 9 or ''

R (National Federation of Self-Employed and Small Businesses Ltd) v Inland Revenue Commissioners R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Irel ...

'' 982A.C. 617, on grounds of review and

locus standi Locus (plural loci) is Latin for "place". It may refer to: Entertainment * Locus (comics), a Marvel Comics mutant villainess, a member of the Mutant Liberation Front * ''Locus'' (magazine), science fiction and fantasy magazine ** ''Locus Award ...

respectively. He also made important contributions to contract law. The current typology of grounds for judicial review is owing to Lord Diplock. *Procedural impropriety *'' Nemo judex'' (Bias rule) *''

Audi alteram partem (or ) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evide ...

'' (Hearing rule) *Illegality *''

Ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be terme ...

'' *Simple ''ultra vires'' *Extended ''ultra vires'' *Procedural ''ultra vires'' *Fettering *Irrationality * Wednesbury irrationality *Lack of proportionality * Innominate Terms * Primary and Secondary ObligationsMoschi v. Lep AirServices Ltd. 973A.C. 331 per Lord Diplock, confirmed in Photo Production Ltd. v Securior Transport Ltd.

980 Year 980 ( CMLXXX) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) a ...

UKHL 2 at per Lord Wilberforce

Notable judgments

High Court

* ''

Silkin v Beaverbrook Newspapers Ltd In ''Silkin v. Beaverbrook Newspapers Ltd.'', 9581 W.L.R. 743, a House of Lords case, the famous speech of Lord Diplock states succinctly the principle that freedom of speech is subject to the law and like any other freedom Freedom is un ...

'' 9581 WLR 743

Court of Appeal

* '' Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd'' 9622 QB 26 * '' Boulting v Association of Cinematograph, Television and Allied Technicians'' 9632 QB 606 * '' BBC v Johns''

965 Year 965 ( CMLXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II conquers the fortress cities of Tar ...

Ch 32 * ''

Letang v Cooper is an English Court of Appeal judgment, by which it was decided that negligently caused personal injury cannot be recovered under the trespass to the person, but the tort of negligence must be tried instead. Facts Mr Cooper (the defendant) ...

1 QB 232 * ''

United Dominions Trust Ltd v Kirkwood ''United Dominions Trust Ltd v Kirkwood'' 9662 QB 431 was a decision of the Court of Appeal relating to what constitutes "banking business" as a matter of English law. ''Ellinger's Modern Banking Law'' refers to the judgment as a "landmark dec ...

'' 9662 QB 431

House of Lords

* '' Pettitt v Pettitt'' 970AC 777 * '' Dorset Yacht Co Ltd v Home Office'' 970AC 1004 * ''

Gissing v Gissing ''Gissing v Gissing'' 970UKHL 3is an English land law and English trust law">trust law case dealing with constructive trusts arising in relationships between married couple. It may no longer represent good law, since the decisions of ''Stack v D ...

971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men ...

AC 886 * ''

Re Vandervell Trustees Ltd ''Re Vandervell Trustees Ltd '' 971AC 912 is a UK tax law case, concerning the ability of the Revenue to amend tax assessments. This case was the second in a series of decisions involving Tony Vandervell's trusts and his tax liability. The fir ...

AC 912 * '' American Cyanamid Co v Ethicon Ltd'' 975AC 396 * '' Ayerst (Inspector of Taxes) v C&K (Construction) Ltd'' 976AC 167 * '' Erven Warnink BV v J Townend & Sons (Hull) Ltd'' 979AC 731 * '' Gibson v Manchester City Council'' 9791 WLR 294
''Whitehouse v Lemon; Whitehouse v Gay News Ltd''
9792 WLR 281 * '' IRC v Burmah Oil Co. Ltd'' 1982 SC (HL) 114 * ''

Catnic Components Ltd v Hill & Smith Ltd ''Catnic Components Ltd. v. Hill & Smith Ltd.'' 982R.P.C. 183 is a leading House of Lords decision on the nature of a patent and in particular the methods of claim construction. Background Catnic Components had a patent for a steel lintel, u ...

'' 982RPC 183 * ''

Universe Tankships Inc. of Monrovia v. International Transport Workers' Federation ''Universe Tankships Inc. of Monrovia v. International Transport Workers’ Federation'' 9822 All ER 67 is an English contract law case relating to duress. Facts The International Transport Workers' Federation black listed a Universe Tankship I ...

'' 9831 AC 366 * ''

R v Miller ''R v Miller'' ( case citation: 982UKHL 6; 9832 AC 161) is an English criminal law case demonstrating how actus reus can be interpreted to be not only an act, but a failure to act. Facts James Miller, a vagrant, was squatting at 9 Grantham Ro ...

'' 9832 AC 161 * ''

Cheall v APEX ''Cheall v APEX'' 9832 AC 180 is a UK labour law case, concerning the governance of trade unions in the United Kingdom. Facts Mr Cheall was expelled by Association of Professional, Executive, Clerical and Computer Staff (APEX) after he accep ...

'' 9832 AC 180 * '' O'Reilly v Mackman'' 9832 AC 237 * ''

R v Sullivan ''R v Sullivan'' 984AC 156 is a British House of Lords case in criminal law, and a leading modern authority on the common law defence of insanity. Facts The defendant, who had had epilepsy since childhood, kicked the victim, his friend, durin ...

'' 984AC 156 * '' Council of Civil Service Unions v Minister for the Civil Service'' 985AC 374 * ''

Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd ''Harvela Investments Ltd. v Royal Trust of Canada (CI) Ltd.'' 9861 AC 207 986AC 207

Judicial Committee of the Privy Council

* '' Ong Ah Chuan v Public Prosecutor'' 981AC 648 * '' Mitchell v DPP'' 986AC 73

Arms

References

External links

Report of the Commission to Consider Legal Procedures to deal with Terrorist Activities in Northern Ireland

Parliamentary Archives, Papers of William, Lord Diplock
{{DEFAULTSORT:Diplock, Kenneth Baron Diplock 1907 births 1985 deaths 20th-century English judges Law lords Alumni of University College, Oxford People educated at Whitgift School Members of the Judicial Committee of the Privy Council People from Croydon Members of the Middle Temple 20th-century King's Counsel Senior Lords of Appeal in Ordinary Members of the Privy Council of the United Kingdom Lords Justices of Appeal Knights Bachelor Queen's Bench Division judges