Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English
judge and
barrister, who served as a
Law Lord
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 ...
until his retirement in 1986.
Early life and education
Scarman was born in
Streatham but grew up on the border of
Sussex and
Surrey. He won scholarships to
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 ...
and then
Brasenose College, Oxford
Brasenose College (BNC) is one of the constituent colleges of the University of Oxford in the United Kingdom. It began as Brasenose Hall in the 13th century, before being founded as a college in 1509. The library and chapel were added in the m ...
, where he read Classics, graduating in 1932 with a First.
Legal career
He was called to the bar at 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 1936. He remained briefless until
World War II
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 World War II by country, vast majority of the world's countries—including all of the great power ...
, which he spent in 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 ...
as a staff officer in England, North Africa, and then continental Europe. He was present with
Arthur Tedder
Marshal of the Royal Air Force Arthur William Tedder, 1st Baron Tedder, (11 July 1890 – 3 June 1967) was a senior Royal Air Force commander. He was a pilot and squadron commander in the Royal Flying Corps in the First World War and he went on ...
when
Alfred Jodl
Alfred Josef Ferdinand Jodl (; 10 May 1890 – 16 October 1946) was a German ''Generaloberst'' who served as the chief of the Operations Staff of the '' Oberkommando der Wehrmacht'' – the German Armed Forces High Command – throughout World ...
surrendered at
Reims
Reims ( , , ; also spelled Rheims in English) is the most populous city in the French department of Marne, and the 12th most populous city in France. The city lies northeast of Paris on the Vesle river, a tributary of the Aisne.
Founded ...
. He was appointed an
Officer of the Order of the British Empire
The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations,
and public service outside the civil service. It was established o ...
(OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as
Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commercial litigation, together with
Alan Orr and
Melford Stevenson
Sir Aubrey Melford Steed Stevenson (17 October 1902 – 26 December 1987), usually known as Sir Melford Stevenson, was an English barrister and, later, a High Court judge, whose judicial career was marked by his controversial conduct and ...
, supported by a notable clerk, Cyril Batchelor. He became 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 or ...
in 1957.
Scarman was appointed a
High Court judge in 1961, assigned to the
Probate, Divorce and Admiralty Division
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 ...
, transferring to the
Family Division
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 (England ...
when the latter was created in 1971. On his appointment he received 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 ...
. He joined the
Court of Appeal in 1973, and was sworn of the Privy Council. On 30 September 1977, Scarman was made 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 ...
, becoming Baron Scarman, of
Quatt
Quatt is a small village in Shropshire, England in the Severn Valley. The civil parish, formally known as Quatt Malvern, has a population of 219 according to the 2001 census, reducing to 200 at the 2011 census.
It lies on the A442 south of Bri ...
in the
County of Shropshire
Shropshire (; alternatively Salop; abbreviated in print only as Shrops; demonym Salopian ) is a landlocked historic Counties of England, county in the West Midlands (region), West Midlands region of England. It is bordered by Wales to the we ...
. He served in the Lords until his retirement in 1986.
He was appointed head of the
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chan ...
from 1965 to 1973, during which time 27 Commission-inspired statutes were made law. As a judge, Scarman's career had some controversial decisions. Although widely regarded as a liberal, he
upheld
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much o ...
the
blasphemy
Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religio ...
conviction of ''
Gay News
''Gay News'' was a fortnightly newspaper in the United Kingdom founded in June 1972 in a collaboration between former members of the Gay Liberation Front and members of the Campaign for Homosexual Equality (CHE). At the newspaper's height, circula ...
'' (1979), punctured the
GLC's ''
Fares Fair'' low-cost public transport policy (1981), and supported the banning of
trade union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (s ...
s at
GCHQ
Government Communications Headquarters, commonly known as GCHQ, is an intelligence and security organisation responsible for providing signals intelligence (SIGINT) and information assurance (IA) to the government and armed forces of the Uni ...
(1985).
He is best known for chairing the
public inquiry
A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Ireland, Australia and Canada, such a public inquiry differs from a royal commission in that ...
on the causes of the
race riot
This is a list of ethnic riots by country, and includes riots based on ethnic, sectarian, xenophobic, and racial conflict. Some of these riots can also be classified as pogroms.
Africa
Americas
United States
Nativist period: 1700s� ...
s in
Brixton in 1981. He also chaired inquiries into the
Northern Ireland riots of August 1969 (1969–1972), the
Red Lion Square disorders
Kevin Gately (18 September 1953 – 15 June 1974) was a second-year student of mathematics at the University of Warwick who died as the result of a head injury received in the Red Lion Square disorders in London; it is not known if the injury ...
(1975) and the
Grunwick dispute (1977).
Later life
After entering the House of Lords the more liberal aspects of his character dominated – he was chancellor of the
University of Warwick
, mottoeng = Mind moves matter
, established =
, type = Public research university
, endowment = £7.0 million (2021)
, budget = £698.2 million (202 ...
and president of the British Institute of Human Rights, and worked on behalf of the
Prince's Trust
The Prince's Trust ( cy, Ymddiriedolaeth y Tywysog) is a charity in the United Kingdom founded in 1976 by King Charles III (then Prince of Wales) to help vulnerable young people get their lives on track. It supports 11-to-30-year-olds who are u ...
, the
Birmingham Six
The Birmingham Six were six Irishmen who were each sentenced to life imprisonment in 1975 following their false convictions for the 1974 Birmingham pub bombings. Their convictions were declared unsafe and unsatisfactory and quashed by the C ...
, and
Charter 88 among many other projects. Scarman was elected to the
American Philosophical Society
The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communi ...
in 1983. In 1991 he set up the Scarman Trust.
He married Ruth Wright in 1947, with whom he had one son. He died in 2004 at his home in
Westgate-on-Sea
Westgate-on-Sea is a seaside town and civil parish on the north-east coast of Kent, England. It is within the Thanet local government district and borders the larger seaside resort of Margate. Its two sandy beaches have remained a popular touris ...
.
Notable judgments
* ''
Whitehouse v. Lemon v. News Ltd. on Appeal from Regina v. Lemon''
979
Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
2 WLR 281
Lawindexpro: case report
/ref>
* ''Pao On v. Lau Yiu Long
''Pao On v. Lau Yiu Long'' consideration and duress in English law">duress. It is relevant for English contract law.
Facts
Fu Chip Investment Co. Ltd., a newly formed public company, majority owned by Lau Yiu Long and his younger brother Benjami ...
'' 980AC 614
* '' Sidaway v Board of Governors of the Bethlem Royal Hospital'' 985
Year 985 ( CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theoph ...
AC 871
In popular culture
Scarman appeared in the final episode
"The Final Episode (Let's Change the Channel)" is a song by British metalcore band Asking Alexandria. It is the band's lead single from their debut album, ''Stand Up and Scream''. It was released on 15 December 2009. One of the band's most success ...
of series one of the BBC1
BBC One is a British free-to-air public broadcast television network owned and operated by the BBC. It is the corporation's flagship network and is known for broadcasting mainstream programming, which includes BBC News television bulletins ...
drama '' Ashes to Ashes'', played by Geoffrey Palmer Geoffrey Palmer may refer to:
Politicians
* Sir Geoffrey Palmer, 1st Baronet (1598–1670), English lawyer and politician
* Sir Geoffrey Palmer, 3rd Baronet (1655–1732), English politician, Member of Parliament (MP) for Leicestershire
* Geoffrey ...
.
References
External links
BBC News on the Scarman Report
''(The Guardian
''The Guardian'' is a British daily newspaper
A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background.
Newspapers can cover a wide ...
)''
{{DEFAULTSORT:Scarman, Leslie
1911 births
2004 deaths
Members of the Privy Council of the United Kingdom
Law lords
20th-century English judges
Officers of the Order of the British Empire
Alumni of Brasenose College, Oxford
People educated at Radley College
Chancellors of the University of Warwick
Family Division judges
Royal Air Force personnel of World War II
Members of the Judicial Committee of the Privy Council
Senior Lords of Appeal in Ordinary
People from Streatham
Knights Bachelor
Probate, Divorce and Admiralty Division judges
People from Westgate-on-Sea
Members of the American Philosophical Society