Kenneth Diplock, Baron Diplock

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William John Kenneth Diplock PC KC (* 8. December 1907 in South Croydon ; † 14. October 1985 in London ) was a British lawyer who most recently as Lord of Appeal in Ordinary , due to the Appellate Jurisdiction Act 1876 as a Life Peer and Was a member of the House of Lords .

Life

Studies, Lord Judge and Member of the House of Lords

Diplock, the son of a solicitor , completed after visiting the Whitgift School to study chemistry at the University College of the University of Oxford . After studying law , he was admitted to the bar ( Inns of Court ) of Middle Temple in 1932 and then took up a position as a barrister . For his lawyer's merits the title of it was in 1948 Kronanwalts ( King's Counsel ) awarded.

In 1956 he was judge at the Chamber for Civil Matters ( Queen's Bench Division ) at the High Court of Justice responsible for England and Wales and held this judicial office until 1961. At the same time he was promoted to Knight Bachelor in 1956 and since then has been given the suffix "Sir". After completing this judicial activity, he was appointed judge ( Lord Justice of Appeal ) in 1961 at the Court of Appeal , the court of appeal responsible for England and Wales, where he worked until 1968. In 1961 he was also appointed Privy Councilor .

Last Diplock was a Letters Patent of 30 September 1968 due to the Appellate Jurisdiction Act 1876 as a life peer with the title Baron Diplock , of Wansford in the County of Huntingdonshire to a member of the House of Lords in the nobility called and worked until his Death 1985 as Lord Judge ( Lord of Appeal in Ordinary ).

In 1972, as Lord Judge, he headed a commission for the enforcement of legal measures against terrorism in Northern Ireland , which, on the basis of the final report Report of the Commission to consider legal procedures to deal with terrorist activities in Northern Ireland, introduced the courts named after him that were not jury-free ("Diplock Courts") ) in the Northern Ireland conflict. At the time of his death, Lord Diplock was the senior lord judge in the House of Lords.

Significant judgments as Lord Judge

During his tenure as Lord Justice, he participated in important decisions such as:

  • Whitehouse v Lemon; Whitehouse v Gay News Ltd (1979): In these two proceedings the Lord Judges dealt with the subject of blasphemy .
  • O'Reilly v Mackman (1983): In this case the Lord Judges dealt with the requirements for judicial review. The Lawlords decided that if public law rights were affected, the plaintiffs could only proceed through judicial review.
  • Council of Civil Service Unions v Minister for the Civil Service (1985): This case was again about the requirements for judicial review. Lord Diplock wrote the reasons for the judgment and laid down the reasons for the abandonment of an administrative decision by judicial review for cases of illegality, irrationality (irrationality) and procedural impropriety.
  • Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd (1986): This procedure from contract law concerned the validity of referential bids in tenders .

Publications

  • Isis or The future of Oxford , 1929
  • The courts as legislators , 1965
  • Breach of the contract of carriage by sea , 1967
  • The roles of the judicial process in the regulation of competition , 1967
  • The interception of communications in Great Britain , 1981

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