Sir David Napley
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Sir David Napley (25 July 1915 – 24 September 1994) was an English
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
.


Background

David Napley was born in London of Jewish ancestry. He began his articles (the equivalent of a modern-day
training contract A training contract is a compulsory period of practical training in a law firm for law graduates before they can qualify as a solicitor in the United Kingdom (UK), Ireland, Australia or Hong Kong, or as an advocate and solicitor in Singapore. Du ...
) in 1935 at age 16. He passed his final examinations with honours two years later and in 1937 immediately set up in partnership with Sidney Kingsley, establishing internationally recognised law firm Kingsley Napley. The firm quickly established a good reputation. Over the years his clients included
Jeremy Thorpe John Jeremy Thorpe (29 April 1929 – 4 December 2014) was a British politician who served as the Member of Parliament for North Devon from 1959 to 1979 and as leader of the Liberal Party from 1967 to 1976. In May 1979 he was tried at the Old ...
,
Princess Michael of Kent Princess Michael of Kent (born Baroness Marie-Christine Anna Agnes Hedwig Ida von Reibnitz, 15 January 1945) is a member of the British royal family. She is married to Prince Michael of Kent, who is a grandson of George V, King George V. Prince ...
, actress Maria Aitken, the
Foreign Office Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * United ...
clerk
Sarah Tisdall Sarah Caroline Tisdall (born 1960 in Plymouth) is a former Foreign & Commonwealth Office (FCO) clerical officer who was jailed for leaking British government documents to a newspaper in 1983. In 1983, the UK government agreed to base nuclear ...
, former member of parliament Harvey Proctor, the Queen's bodyguard Commander Michael Trestrail, the family of the Italian banker
Roberto Calvi Roberto Calvi (13 April 1920 – 17 June 1982) was an Italian banker, dubbed "God's Banker" () by the press because of his close business dealings with the Holy See. He was a native of Milan and was chairman of Banco Ambrosiano, which collapsed ...
and musician Adam "Ad-Rock" Horowitz from the Beastie Boys. During the Second World War he served in
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
with the
Queen's Royal Regiment (West Surrey) The Queen's Royal Regiment (West Surrey) was a line infantry regiment of the English and later the British Army from 1661 to 1959. It was the senior English line infantry regiment of the British Army, behind only the Royal Scots in the British Arm ...
and was demobilised as a captain. On his return from the War he resumed practice as a solicitor and married his fiancée, Leah Rose Saturley, two years his junior. The couple lived in
Mill Hill Mill Hill is a suburb in the London Borough of Barnet, England. It is situated around northwest of Charing Cross, close to the Hertfordshire border. It was in the Historic counties of England, historic county of Middlesex until 1965, when it b ...
, in North-West
London London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
for many years. The couple had two daughters, Anne Rosemary Josephine (born 14 August 1946) and Penelope Susan (born 28 October 1949). Napley ran unsuccessful parliamentary campaigns as
Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
candidate in
1951 Events January * January 4 – Korean War: Third Battle of Seoul – Chinese and North Korean forces capture Seoul for the second time (having lost the Second Battle of Seoul in September 1950). * January 9 – The Government of the Uni ...
( Rowley Regis and Tipton) and
1955 Events January * January 3 – José Ramón Guizado becomes president of Panama. * January 17 – , the first nuclear-powered submarine, puts to sea for the first time, from Groton, Connecticut. * January 18– 20 – Battle of Yijian ...
(
Gloucester Gloucester ( ) is a cathedral city, non-metropolitan district and the county town of Gloucestershire in the South West England, South West of England. Gloucester lies on the River Severn, between the Cotswolds to the east and the Forest of Dean ...
). From 1968 to 1977 he was chairman of Mario and Franco Restaurants.


Miscarriages of justice

Napley had a particular interest in miscarriages of justice. He was instrumental in setting up JUSTICE'S Annual Tom Sargant Memorial lecture and gave the first lecture in 1989. In that lecture he called for an independent tribunal to deal with miscarriage of justice cases. Partly as a result of Napley's reputation and wide-ranging influence, the
Criminal Cases Review Commission The Criminal Cases Review Commission (CCRC) is the statutory body responsible for investigating alleged miscarriages of justice in England, Wales, and Northern Ireland. It was established by Section 8 of the Criminal Appeal Act 1995 and be ...
was eventually established 14 years later. Napley worked on several suspected miscarriages of justice cases, including the one-armed bandit murder case in the early seventies (which inspired the film ''
Get Carter ''Get Carter'' is a 1971 British gangster film, gangster thriller film, written and directed by Mike Hodges in his directorial debut and starring Michael Caine, Ian Hendry, John Osborne, Britt Ekland and Bryan Mosley. Based on Ted Lewis (write ...
'') and the Jock Russell case in 1982. Napley took the one-armed bandit murder case to the Court of Appeal twice and finally to the House of Lords. Napley also played a leading part in the formation of the British Academy of Forensic Sciences, which supports research into miscarriages of justice. From 1963, Napley was chairman of the Law Society's Standing Committee on Criminal Law. From 1971 he served on the
Criminal Law Revision Committee The Criminal Law Revision Committee of England & Wales was a standing committee of legal experts that was called upon by the Home Secretary to advise on legal issues and to report back recommendations for reform. While never formally abolished, it h ...
. He was vice-president of the
Law Society of England and Wales The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as ...
from 1975 to 1976 and president from 1976 to 1977. Napley was
knighted 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 ...
in 1977. In the same year he went to
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
as an independent observer at the inquest into the death of
Steve Biko Bantu Stephen Biko Order for Meritorious Service, OMSG (18 December 1946 – 12 September 1977) was a South African internal resistance to apartheid, anti-apartheid activist. Ideologically an African nationalism, African nationalist and ...
. In 1981, Napley reacted angrily to questions in Parliament because his client, Sir Peter Hayman was not being prosecuted despite having exchanged photos of children through the post. On 26 March 1981 Napley claimed that the decision not to prosecute his client was based on
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
Sir Michael Havers's decision to apply what Napley termed 'a customary factor' when deciding whether to prosecute a public figure: This assertion, whereby the more famous the accused, the less likely they would be prosecuted for any offence, including child abuse offences, due to the steep loss of reputation they would suffer as a result, was questioned by the parliamentary journalist Ronald Butt as the corruption of the rule of law, and a "two tier system" as to who was subject to the law.


Working relationship with George Carman

Napley was involved in raising the profile of the barrister George Carman. For many years, Carman was a well-respected barrister on the
Northern Circuit The Northern Circuit is a circuit of the General Council of the Bar and English judiciary. The Northern Circuit stretches from Carlisle in Cumberland at its northernmost point, running through Lakeland to the port of Whitehaven in the West, ...
but was relatively unknown in London. However, in November 1973, two years after Carman 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 ...
, Napley saw him at the
Old Bailey The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
defending a manager of Battersea Funfair. The man was charged with the manslaughter of four children after the Big Dipper collapsed. Carman secured a verdict of not guilty. At the time, Napley said "It seemed to me the jury were mesmerised." Napley determined to make further use of Carman; this was only the start of a long professional relationship between them. Carman was still based in
Manchester Manchester () is a city and the metropolitan borough of Greater Manchester, England. It had an estimated population of in . Greater Manchester is the third-most populous metropolitan area in the United Kingdom, with a population of 2.92&nbs ...
, however, and Napley briefed him only occasionally during the 1970s. However, in June 1978 Napley telephoned Carman to tell him that the former leader of the
Liberal Party (UK) The Liberal Party was one of the two Major party, major List of political parties in the United Kingdom, political parties in the United Kingdom, along with the Conservative Party (UK), Conservative Party, in the 19th and early 20th centuries. B ...
,
Jeremy Thorpe John Jeremy Thorpe (29 April 1929 – 4 December 2014) was a British politician who served as the Member of Parliament for North Devon from 1959 to 1979 and as leader of the Liberal Party from 1967 to 1976. In May 1979 he was tried at the Old ...
, was probably going to be committed for trial on charges of conspiracy to murder and that he was going to retain him. Thorpe was charged on 4 August 1978, resulting in a legal case that made Carman a household name. In addition to retaining Carman to defend Thorpe, Napley also instructed him to advise Princess Michael of Kent; to defend Leonard Arthur in a trial where the paediatrician was acquitted of murdering a Down's syndrome baby; to defend actress Maria Aitken on charges of cocaine possession, and to represent the Calvi family in the inquest of the Italian banker,
Roberto Calvi Roberto Calvi (13 April 1920 – 17 June 1982) was an Italian banker, dubbed "God's Banker" () by the press because of his close business dealings with the Holy See. He was a native of Milan and was chairman of Banco Ambrosiano, which collapsed ...
. In 1991, Napley retained Carman to advise on a defence case for Greville Janner, later Lord Janner, if charges had been brought against him.Jay Rayne
"I saw up close how an establishment closed ranks over the Janner affair"
''The Observer'', 18 April 2015


Death

Napley died on 24 September 1994 from cancer in hospital in
Slough Slough () is a town in Berkshire, England, in the Thames Valley, west of central London and north-east of Reading, at the intersection of the M4, M40 and M25 motorways. It is part of the historic county of Buckinghamshire. In 2021, the ...
,
Berkshire Berkshire ( ; abbreviated ), officially the Royal County of Berkshire, is a Ceremonial counties of England, ceremonial county in South East England. It is bordered by Oxfordshire to the north, Buckinghamshire to the north-east, Greater London ...
, after an eight-week illness. Carman delivered the eulogy at his memorial service, attended by, among others, Baroness Thatcher.


Works

* ''The Technique of Persuasion'' (1971): a work on advocacy and case preparation. * ''Not Without Prejudice'' (1982): Napley's memoirs. * ''Murder at the Villa Madeira: The Rattenbury Case'' (1988) * ''The Camden Town Murder'' (1987)


References


External links

*http://www.kingsleynapley.co.uk/about/history *http://www.heraldscotland.com/sport/spl/aberdeen/sir-david-napley-1.483443 {{DEFAULTSORT:Napley, David 1915 births 1994 deaths Lawyers from London Queen's Royal Regiment officers British Army personnel of World War II English solicitor advocates Presidents of the Law Society of England and Wales English Jews Knights Bachelor Lawyers awarded knighthoods Steve Biko affair 20th-century English lawyers Conservative Party (UK) parliamentary candidates