Scarman LJ
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Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
and
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
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. He was described as an "outstanding judicial figure, entrusted with the most high-profile inquiries and marked by his integrity".


Early life and education

Scarman was born in
Streatham Streatham ( ) is a district in south London, England. Centred south of Charing Cross, it lies mostly within the London Borough of Lambeth, with some parts extending into the neighbouring London Borough of Wandsworth. Streatham was in Surrey ...
but grew up on the border of
Sussex Sussex (Help:IPA/English, /ˈsʌsɪks/; from the Old English ''Sūþseaxe''; lit. 'South Saxons'; 'Sussex') is an area within South East England that was historically a kingdom of Sussex, kingdom and, later, a Historic counties of England, ...
and
Surrey Surrey () is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Greater London to the northeast, Kent to the east, East Sussex, East and West Sussex to the south, and Hampshire and Berkshire to the wes ...
. He won scholarships to
Radley College Radley College, formally St Peter's College, Radley or the College of St. Peter at Radley, is a Public school (United Kingdom), public school (independent boarding school) for boys near the village of Radley, in Oxfordshire, in the United Kingd ...
and then
Brasenose College, Oxford Brasenose College (BNC) is one of the Colleges of the University of Oxford, 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 l ...
, where he read Classics, graduating in 1932 with a double 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 entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
in 1936. He remained briefless until
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, which he spent 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 ...
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 British Royal Air Force officer and peer. He was a pilot and squadron commander in the Royal Flying Corps in the First World War and h ...
when
Alfred Jodl Alfred Josef Ferdinand Jodl (; born Alfred Josef Baumgärtler; 10 May 1890 – 16 October 1946) was a German Wehrmacht Heer, Army ''Generaloberst'' (the rank was equal to a four-star full general) and War crime, war criminal, who served as th ...
surrendered at
Reims Reims ( ; ; also spelled Rheims in English) is the most populous city in the French Departments of France, department of Marne (department), Marne, and the List of communes in France with over 20,000 inhabitants, 12th most populous city in Fran ...
. 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 valuable service in a wide range of useful activities. It comprises five classes of awards across both civil and military divisions, the most senior two 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 Fountain Court Chambers is a set of commercial barristers based in the Temple in London and with offices in Singapore. It has 105 full members (in addition to door tenants), of whom 45 are silks. It is in the Magic Circle. The head of chambe ...
, 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, PC (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 ...
, supported by a notable clerk, Cyril Batchelor. He became a
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
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 (England ...
, 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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...
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 a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...
. He joined the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
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 Salop Shropshire (; abbreviated SalopAlso used officially as the name of the county from 1974–1980. The demonym for inhabitants of the county "Salopian" derives from this name.) is a Ceremonial counties of England, ceremonial county in the West M ...
''. 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 chang ...
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 the
blasphemy Blasphemy refers to an insult that shows contempt, disrespect or lack of Reverence (emotion), reverence concerning a deity, an object considered sacred, or something considered Sanctity of life, inviolable. Some religions, especially Abrahamic o ...
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, circu ...
'' (1979), punctured the GLC's ''
Fares Fair Fares Fair was a public policy advocated by the Labour Party (UK), Labour Party administration of the Greater London Council (GLC), then led by Ken Livingstone. The policy of low public transport fares was implemented in 1981, but was later rul ...
'' low-cost public transport policy (1981) and supported the banning of
trade union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
s at
GCHQ Government Communications Headquarters (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 United Kingdom. Primar ...
(1985). He presided over the 1972 inquiry into the
Northern Ireland riots of August 1969 During 12–16 August 1969, there was an outbreak of political and sectarian violence throughout Northern Ireland, which is often seen as the beginning of the thirty-year conflict known as the Troubles. There had been sporadic violence throug ...
and the public inquiry on the causes of the
race riot This is a list of ethnic riots by country, and includes riots based on Ethnic conflict, ethnic, Sectarian violence, sectarian, xenophobic, and Racial conflict, racial conflict. Some of these riots can also be classified as pogroms. Africa A ...
s in Brixton in 1981. He also chaired the
Red Lion Square disorders Kevin Gately (18 September 1953 – 15 June 1974) was a student who died as the result of a head injury received in the Red Lion Square disorders in London while protesting against the National Front (UK), National Front, a Far-right politics ...
(1975) and the
Grunwick dispute The Grunwick dispute was a British industrial dispute involving trade union recognition at the Grunwick Film Processing Laboratories in Chapter Road, Dollis Hill in the London suburb of Willesden, that led to a two-year strike between 1976 and 197 ...
(1977) inquiries.


Later life

After entering the House of Lords the more liberal aspects of his character dominated: he was chancellor of the
University of Warwick The University of Warwick ( ; abbreviated as ''Warw.'' in post-nominal letters) is a public research university on the outskirts of Coventry between the West Midlands and Warwickshire, England. The university was founded in 1965 as part of ...
and president of the British Institute of Human Rights, and worked on behalf of the
Prince's Trust The King's Trust (formerly the Prince's Trust) is a United Kingdom-based charity 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 unempl ...
, the
Birmingham Six The Birmingham Six were six men from Northern Ireland 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 q ...
and
Charter 88 Charter 88 was a British pressure group that advocated constitutional and electoral reform and owes its origins to the lack of a written constitution. It began as a special edition of the ''New Statesman'' magazine in 1988 and it took its name fr ...
. Scarman was elected to the
American Philosophical Society The American Philosophical Society (APS) is an American scholarly organization and learned society founded in 1743 in Philadelphia that promotes knowledge in the humanities and natural sciences through research, professional meetings, publicat ...
in 1983. In 1991 he set up the Scarman Trust aimed at helping young people from deprived communities.


Personal life and death

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 District, Thanet Districts of England, local government district and borders the larger seaside resort of Margate. Its two sandy ...
.


Notable judgments

* ''
Crabb v Arun District Council ''Crabb v Arun District Council'' contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, ser ...
''
975 Year 975 ( CMLXXV) was a common year starting on Friday of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor John I raids Mesopotamia and invades Syria, using the Byzantine base at Antioch to pres ...
EWCA Civ 7 * ''
Whitehouse v Lemon ''Whitehouse v Lemon'' is a 1976 court case involving the blasphemy law in the United Kingdom. It was the last successful blasphemy trial in the UK. "The Love That Dares to Speak Its Name" "The Love That Dares to Speak Its Name" is a poem by Ja ...
''
979 Year 979 (Roman numerals, CMLXXIX) was a common year starting on Wednesday of the Julian calendar. It was the 979th year of the Common Era and the Anno Domini designation, the 979th year of the 1st millennium, the 79th year of the 10th century, ...
2 WLR 281Lawindexpro: case report
/ref> * ''
Pao On v Lau Yiu Long ''Pao On v Lau Yiu Long'' Court of Appeal of Hong Kong decided by the 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 L ...
''
980 Year 980 ( CMLXXX) was a leap year starting on Thursday of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) at Margut, ending the Franco-Germa ...
AC 614 * '' Sidaway v Board of Governors of the Bethlem Royal Hospital''
985 Year 985 ( CMLXXXV) was a common year starting on Thursday of the Julian calendar. Events By place Europe * Summer – Henry II (the Wrangler) is restored as duke of Bavaria by Empress Theophanu and her mother-in-law Adelaide at an ...
AC 871


In popular culture

Scarman appeared in the final episode of series one of the
BBC1 BBC One is a British free-to-air public broadcast television channel owned and operated by the BBC. It is the corporation's oldest and Flagship (broadcasting), flagship channel, and is known for broadcasting mainstream programming, which includ ...
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 Pal ...
.


References


External links


BBC News on the Scarman Report
''(
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...
)'' {{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 International members of the American Philosophical Society