Donald Nicholls, Baron Nicholls of Birkenhead

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Donald James Nicholls, Baron Nicholls of Birkenhead , Kt , PC , QC (born January 25, 1933 in Bebington ; † September 25, 2019 ) was a British lawyer and politician who was a life peer member of the House of Lords from 1994 .

Life

Degree, lawyer and judge

After attending the Birkenhead School, Nicholls completed a law degree at the University of Liverpool and Trinity Hall at the University of Cambridge . After graduation, he was admitted to the Bar ( Inns of Court ) of Middle Temple in 1958 . He then worked as a lawyer and was awarded the title of Crown Attorney in 1974 . In 1981 he was also "Bencher" of Middle Temple.

In 1983 he was appointed judge at the High Court of Justice responsible for England and Wales , where he was judge of the Chamber of Commerce ( Chancery Division ) until 1986 . At the same time he was beaten to a Knight Bachelor degree in 1983 and since then has had the suffix "Sir". 1986 Sir Donald Nicholls judge was ( Lord Justice of Appeal ) on the charge of England and Wales Court of Appeal ( Court of Appeal ). At the same time he became Privy Councilor in 1986 . Most recently he acted as the successor to Nicolas Browne-Wilkinson, Baron Browne-Wilkinson between 1991 and his replacement by Richard Scott, Baron Scott of Foscote in 1994 as Vice Chancellor of the High Court of Justice. Important judgments such as Harries v Church Commissioners for England (1992) were made during this period .

Lord judges and major judgments

He then became Lord Judge on October 3, 1994 ( Lord of Appeal in Ordinary ) and as such, due to the Appellate Jurisdiction Act 1876 , as Baron Nicholls of Birkenhead , of Stoke D'Abernon in the County of Surrey, member of the House of Lords . In the upper house he belongs to the group of so-called crossbenchers . He held the office of Lord Judge until his resignation on January 10, 2007. His successor as Lord Judge was then David Neuberger, Baron Neuberger of Abbotsbury . Next to it was Lord Nicholls 1998-2004 as a non-permanent member of the Hong Kong Court of Final Appeal , the Supreme Court of Appeal of Hong Kong . Most recently he served between 2002 and 2007 as the Second Senior Lord of Appeal as one of the longest serving lord judges.

As lord judge, he participated in numerous important judgments. This includes decisions such as:

  • Royal Brunei Airlines Sdn Bhd v Tan (1995): This trust law case concerned the violation of trust and liability due to dishonest support.
  • White v White (2001): In these proceedings, a decision of principle was made on the reallocation of financial assets and property in the event of a divorce.
  • Reynolds v Times Newspapers Ltd (2001): This case concerned a defamation law case of the qualified privilege to publish defamatory statements in the public interest. The plaintiff was the former Irish Prime Minister ( Taoiseach ) Albert Reynolds .
  • Fairchild v Glenhaven Funeral Services Ltd (2002): This procedure from the so-called Tort Law was about the causation of a malignant mesothelioma by asbestos and the compensation for the asbestosis caused by it .
  • Shogun Finance Ltd v Hudson (2002): This procedure from the so-called Contract Law dealt with the issue of confusion as a basis for withdrawing from the contract.
  • Tomlinson v Congleton Borough Council (2003): This procedure resulted in a decision of principle on offenses of negligence and the liability of occupiers and is considered a milestone in the field of British “compensation culture”.
  • Wilson v First County Trust Ltd (No 2) (2003): In this case from the legal areas of human rights , consumer protection and contract law , an important decision was made about the applicability of Article 1 of the European Convention on Human Rights (ECHR) and the use of the Hansard in legal disputes and claims under the Consumer Credit Act 1974 in the event of unjust enrichment .
  • Campbell v Mirror Group Newspapers Ltd (2004): This case involved a lawsuit brought by the model Naomi Campbell against Mirror Group Newspapers Ltd for respect for human rights and privacy .
  • A and Others v Secretary of State for the Home Department (2004): In this method in the field of Human Rights ruled that the indefinite detention of foreign prisoners in the prison HM Prison Belmarsh without trial because of section 23 of the Anti-Terrorism, Crime and Security Act 2001 was incompatible with the ECHR.
  • Archibald v Fife Council (2004): These proceedings from labor law concerned the application of the law against the disadvantage of people with disabilities ( Disability Discrimination Act 1995 ).
  • Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd (2004): This case concerned the impact of the Human Rights Act 1998 on freedom of expression .
  • National Westminster Bank plc v Spectrum Plus Ltd (2005): This corporate law case addressed a number of open legal issues related to floating charges and recharacterization risk, which were governed by common law .
  • Gregg v Scott (2005): This Tort Law case concerned a lost opportunity as the cause of damage. Lord Nicholls took a dissenting opinion, which stipulated that the lost opportunity should have been realizable.
  • Jackson v Royal Bank of Scotland (2005): This contract law case was about the assertion of future damages.
  • R (Jackson) v Attorney General (2005): In this case, incidentally ( obiter dictum ), judicial statements were made for the first time in exercising their official capacity on the limits of parliamentary sovereignty .
  • R (Begum) v Headteacher and Governors of Denbigh High School (2006): This trial resulted in a decision of principle regarding the legal regulation of religious symbols and clothing based on the Human Rights Act 1998.
  • OBG Ltd v Allan (2007): In this proceeding, there was a decision in principle in Tort Law on illegal action in economic terms and contractual interference.

Web links

Individual evidence

  1. ↑ The Rt Hon Lord (Donald) Nicholls of Birkenhead 1933-2019. Retrieved October 5, 2019 .
personal data
SURNAME Nicholls, Donald, Baron Nicholls of Birkenhead
ALTERNATIVE NAMES Nicholls, Donald James, Baron Nicholls of Birkenhead (full name)
BRIEF DESCRIPTION British politician and lawyer
DATE OF BIRTH January 25, 1933
PLACE OF BIRTH Bebington
DATE OF DEATH September 25, 2019