Nicolas Browne-Wilkinson, Baron Browne-Wilkinson

from Wikipedia, the free encyclopedia

Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson , PC (March 30, 1930 - July 25, 2018 ) was a British judge . From 1998 to 2000 he was Senior Lord of Appeal in Ordinary , Chairman (Head) of the Privy Council and Vice-Chancellor (Vice-Chancellor) of the High Court .

life and career

Browne-Wilkinson, son of Rev. Canon Arthur Rupert Browne-Wilkinson (1889–1961) and Mary Theresa Caroline Abraham, attended Lancing College and Magdalen College .

In 1953 he was by the Bar Association of Lincoln's Inn as a Barrister approved and in 1972 he became Attorney-General . From 1976 to 1977 he was a judge at the Court of Appeal of Jersey and Guernsey . From 1977 he was presiding judge (bencher) at Lincoln's Inn and in the same year was judge of the High Court , where he served in the Chancery Division . From 1983 to 1985 he was Lord Justice of Appeal . In 1983 he became a member of the Privy Council .

From 1985 to 1991 he was Vice-Chancellor of the Supreme Court and from 1991 to 1998 Lord of Appeal in Ordinary . Browne-Wilkinson wrote the foreword to the 1997 book Judicial Review. Since 2001 he has also worked as a mediator . He mainly dealt with the areas of commercial and property law, trust and foundation law, administrative law and private international law.

Browne-Wilkinson lived in London . He died in July 2018 at the age of 88 from complications from Parkinson's disease .

Membership in the House of Lords

On October 1, 1991, he was named Life Peer as Baron Browne-Wilkinson, of Camden in the London Borough of Camden . He made his inaugural address at the House of Lords on November 19, 1991.

Browne-Wilkinson spoke in the 1990s on the Charities Bill , Judicial Pensions and the Human Rights Bill . On March 4, 2004, he spoke for the last time, on the subject of anti-terror legislation.

From 1998 to 2000 he was Senior Lord of Appeal in Ordinary , succeeded by Thomas Henry Bingham . In 1999 he was one of seven Law Lords who had to decide on a possible extradition of Augusto Pinochet to Spain . In an interview with The Lawyer in May 1999, Browne-Wilkinson complained about the high proportion of cases involving the states of the Caribbean .

On the basis of the British case law on medical liability law developed since the Bolam v Friern Hospital Management Committee [1957], Browne-Wilkinson took the decision following the Bolitho v. City and Hackney Health Authority [1997] in House of Lords position. Browne-Wilkinson stated that the decision as to whether medical standards were adhered to (so-called Bolam test) always rests with the court and not with the medical profession. In particular, the defendant hospital authority could not exculpate itself under liability law by proving that it had not acted under any circumstances.

Browne-Wilkinson announced the Privy Council rulings on the Tan Te Lam v Superintendent of Tai A Chau Detention Center , a Vietnamese refugee center in Hong Kong and under British administration when the incident occurred in 1997. These judgments have since been taken into account in immigration cases around the world.

His presence on meeting days was in the low double-digit range at the end of the 1990s, and a few years later in the single-digit range. The last time he was present was in the 2006/2007 session. Previously, he had already been absent for two sessions. After the end of his leave of absence, he became active again occasionally. On March 1, 2016, he voluntarily resigned from the House of Lords.

Honors

Browne-Wilkinson was an Honorary Fellow of the American College of Trial Lawyers , the American Law Institute , St Edmund Hall (1987), Magdalen College, and St Hugh's College .

The UEA honored him with an honorary doctorate of Doctor of Laws and in 1977 he was awarded the title of Knight Bachelor .

family

Browne-Wilkinson married Ursula Bacon, daughter of Cedric de Lacy Bacon, in 1955. The marriage had five children, three sons and two daughters. After his wife died in 1987, he married Hilary Isabella Jane Warburton, daughter of Professor James Wilfred Warburton, in 1990.

Publications

Web links

Individual evidence

  1. Lord Browne-Wilkinson ( Memento of the original from April 13, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Article on Serle Court website , accessed April 13, 2012 @1@ 2Template: Webachiv / IABot / www.serlecourt.co.uk
  2. Lord Browne-Wilkinson obituary. In: The Times. July 28, 2018, accessed July 30, 2018 .
  3. Seven Law Lords hold key to Pinochet's fate article on BBC News of January 12, 1999
  4. Browne-Wilkinson slams City lawyer's article on The Lawyer website , accessed May 17, 1999
  5. ^ The breach of contract by the service provider Excerpts from Google Books , accessed on April 13, 2012
  6. ^ Al Masri v Minister for Immigration & Multicultural & Indigenous Affairs [2002 FCA 1009 (August 15, 2002) ] Judgment in the Federal Court of Australia on August 15, 2012
  7. House of Lords: Members 'expenses Members' expenses on the House of Lords website , accessed April 13, 2012
  8. the Rt Hon. The Lord Browne-Wilkinson, (Nicolas Christopher Henry, PC) ( Memento of the original from April 23, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Entry on Magdalen College website , accessed April 13, 2012 @1@ 2Template: Webachiv / IABot / www.magd.ox.ac.uk
  9. Fellows ( Memento of the original from April 18, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Article on St Hugh's College website , accessed April 13, 2012 @1@ 2Template: Webachiv / IABot / www.st-hughs.ox.ac.uk
  10. ^ Browne-Wilkinson, Baron (UK, 1991) Entry on Cracroftspeerage.co.uk , accessed April 13, 2012