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Topic: The Lord Scarman

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In the News (Tue 16 Jul 19)

  Telegraph | News | Lord Scarman
The Lord Scarman, who died on Wednesday aged 93, was one of the finest lawyers of the post-war era; a Lord of Appeal in Ordinary from 1977 until 1986, he achieved widest recognition as a law reformer and liberal-leaning chairman of public inquiries.
Scarman also shared Denning's awareness of how judges appear to the man in the street, even if he occasionally gave the impression of trying too hard to understand his problems.
Lord Denning thought similarly, but Scarman was more orthodox in his application of judicial precedent, preferring the encouragement of amending legislation through Parliament to Denning's creative genius for extending judicial precedents.
www.telegraph.co.uk /news/main.jhtml?xml=/news/2004/12/10/db1001.xml   (379 words)

 Guardian | Lord Scarman
Leslie Scarman, chairman of the Law Commission (1965-73), who was later thrust into the public eye for his 1981 inquiry into the Brixton riots, stood out in his generation as the model judge: fairness, intelligence, learning, compassion and firmness all combined.
Scarman was born in Streatham, south London, the son of a Lloyd's underwriter and insurance broker, and a Scottish mother.
During the Colonel B contempt case involving the Leveller magazine in the House of Lords in 1979, one of the QCs cited part of Lord Shaw's speech from the Scott case in 1913 on the need for open justice.
www.guardian.co.uk /print/0,,5082898-103684,00.html   (1297 words)

 BBC NEWS | Politics | Lord Scarman, 93, dies peacefully
The Lord Chief Justice, Lord Woolf, who is the most senior judge in England and Wales, said it was Lord Scarman's "pioneering work" which paved the way for the Human Rights Act 1998.
Dame Elizabeth Butler-Sloss, the president of the Family Justice Division, said Lord Scarman was a "good and humane judge" and one of the greatest figures of the late 20th century.
Lord Scarman will be remembered for the public inquiry he led into a string of race riots which began in Brixton when racial tensions rose after a police crackdown on street robbery.
news.bbc.co.uk /1/hi/uk_politics/4083501.stm   (518 words)

 Leslie Scarman, Baron Scarman - Wikipedia, the free encyclopedia
He joined the Court of Appeal in 1973 and was Lord of Appeal in Ordinary, a Law Lord, from 1977 until his retirement in 1986.
After entering the House of Lords the more liberal aspects of his character dominated – he was chancellor of Warwick University, president of the British Institute of Human Rights, and worked on behalf of the Prince's Trust, the Birmingham Six, and Charter 88 amongst many other projects.
He was created an OBE in 1944, knighted in 1961, made a Privy Councillor in 1973, and raised to the Peerage in 1977 as Baron Scarman, of Quatt in the County of Salop.
en.wikipedia.org /wiki/Lord_Scarman   (450 words)

Lord Leslie Scarman, best remembered for heading the inquiry into the 1981 Brixton riots, died at the age of 93 last week.
Lord Scarman, the first chair of the Law Commission, won the respect of many south Londoners after he made a number of unannounced and unofficial visits to the area.
Lord Woolf, the Lord Chief Justice, said on learning of his death: “He was a lawyer and a judge who had a remarkable insight into human nature and an exceptional sensitivity to the needs of a healthy society.”
www.voice-online.co.uk /content.php?show=5688   (142 words)

 Lord Scarman, humane chairman of Brixton riots inquiry, dies at 93 | The Guardian | Guardian Unlimited
Lord Scarman, a former law lord and one of the legal giants of the 20th century, has died aged 93.
Leslie Scarman was best known to the public as the chairman of the inquiry into the 1981 Brixton riots, which led to community policing and the creation of the Police Complaints Authority.
Lord Browne-Wilkinson, a retired law lord, said: "He was the real beginner in the judiciary of an attitude of human rights as opposed to technicality.
www.guardian.co.uk /uk_news/story/0,3604,1370555,00.html   (656 words)

 FT.com / World / UK - One of the great law reformers of his age   (Site not responding. Last check: 2007-10-11)
Lord Scarman, champion of human rights and former chairman of the Law Commission who has died at the age of 93, was one of the great law reformers of his age.
He was a law lord, 70, tall and slightly stooped with a look of the classicist when he was asked to investigate the riots, which had left 300 people injured.
The Scarman report on the riots, which said racial discrimination had been one of the key factors, called for positive discrimination, action on unemployment, a new emphasis on community policing and a Police Complaints Authority.
www.ft.com /cms/s/44880940-4b19-11d9-a0ca-00000e2511c8.html   (744 words)

 Eastern Book Company - Practical Lawyer
[2] Though the House of Lords did not approve of the view of Lord Denning and described it as "a naked usurpation of the legislative function",[3] it cannot be gainsaid that in interpreting a statute, a Judge should not be oblivious and ignorant of justice.
Lord Denning was a champion of personal liberty and individual freedom, but not at the cost of interest of society at large.
Lord Scarman said: "He was the finest Judge that I ever met in my time, one of my heroes." Lord Woolf, the present Master of the Rolls remembers how Lord Denning guided him when he was a young advocate.
www.ebc-india.com /lawyer/articles/9904a1.htm   (2496 words)

 The Scarman Trust
The Scarman Trust Scotland is a community enabling charity supporting an asset based approach to community development which requires us to look afresh at marginalised communities and see opportunities rather than problems.
Originally know as the Charter 88 Trust, the Scarman Trust was set up in 1991 to continue that ‘bottom up’ approach to democracy and was rooted in the constitutional reform movement.
Lord Scarman was its first chair and guiding inspiration.
www.thescarmantrust.org /scotland   (337 words)

 Telegraph | News
Lord Scarman, the lawyer who conducted the inquiry into the 1981 Brixton riots, has died aged 93.
Lord Scarman enjoyed a distinguished judicial career, serving as chairman of the Law Commission during its first seven years.
Lord Scarman led a public inquiry which settled on the so-called "rotten apples" theory - that only a few police officers were racist, most were not.
www.telegraph.co.uk /news/main.jhtml;sessionid=02RX05K1F25PHQFIQMFSM54AVCBQ0JVC?xml=/news/2004/12/09/uscar.xml&sSheet=/portal/2004/12/09/ixportaltop.html   (228 words)

 BBC NEWS | Politics | Obituary: Lord Scarman
Lord Scarman, a former High Court judge and Lord of Appeal, will be best remembered for the four major inquiries he conducted into violent incidents of British public life.
He became a QC in 1957, a High Court judge in 1961, a Lord Justice of Appeal eight years later, and a Lord of Appeal in Ordinary in 1977, when he also became a Life Peer.
Lord Scarman has been described both as a people's judge and as a political judge, the last to which he had no strong objection, though he insisted his politics never intruded on his work.
news.bbc.co.uk /1/hi/uk_politics/946645.stm   (484 words)

 Red Lion Square disorders of 15 June 1974; Report of inquiry by the Rt. Hon. Lord Justice Scarman, O.B.E.   (Site not responding. Last check: 2007-10-11)
The police were however at fault in failing to make their route requirements clear to the Liberation faction, and at Theobald's Road, the police action carried risks and warnings should have been given before mounted police entered the crowd.
Scarman did not feel that there was any need for a fundamental reform of the law.
He recommended that the Public Order be amended to confer upon the senior officer present in such a situation, the power to give a direction as to a route to be followed if he thinks it necessary in the interests of public safety.
www.bopcris.ac.uk /bop1974/ref4666.html   (394 words)

Lord Denning M.R., in a pasage that is set out in full in the speech of Lord Scarman, referred to two authorities: Anisminic Ltd. v.
My Lords, the determining issue in this appeal relates to the jurisdiction of the Court of Appeal to entertain an appeal against the decision of a High Court judge in a matter declared by statute to be not appealable.
In the course of his speech, Lord Wilberforce laid emphasis on the distinction between the separate responsibilities of court and tribunal: pp.
www.hku.hk /law/conlawhk/sourcebook/admlawcases/racal.htm   (5992 words)

 LawTeacher.net | Lord Chancellor 'should cease to lead the judiciary'   (Site not responding. Last check: 2007-10-11)
THE Lord Chancellor should cease to be head of the judiciary in England and Wales and to sit as a judge in the House of Lords, the human rights group Justice says today.
In a report to the Royal Commission on Reform of the House of Lords, prepared by a panel of prominent lawyers including Lord Scarman and Lady Kennedy, the group also says that a Supreme Court should be established to replace the House of Lords judicial committee as the kingdom's highest court.
The report also recommends that the law lords and peers serving as judges should no longer be allowed to vote in the Lords.
www.lawteacher.net /Articles/0212.htm   (413 words)

 The LAW Site
Lord Griffiths (having referred to R v Morgan= observed: andquot;there may be a fear that the abandonment of the objective standard demanded by the existence of reasonable grounds for belief will result in the success of too many spurious claims of self-defence.
The House of Lords held that he did not need to know the precise weapon and method to be used by the others.
Lord Denning "if hunger were once allowed to be an excuse for stealing, it would open a door through which all kinds of lawlessness and disorder would pass".
groups.msn.com /thelawsite/criminallawcases.msnw   (4612 words)

 Obituary: Lord Scarman (1911 - 2004)
“Lord Scarman’s intellectual eminence is beyond doubt, his early career in particular being a most distinguished academic one.
In obituaries today Lord Scarman has been described as ‘one of the finest lawyers of the post-war era’ and ‘one of the best-known judges in Britain’.
The Scarman Trust, a national charity committed to helping citizens bring about change in their community, was founded by Lord Scarman in 1991.
www2.warwick.ac.uk /insite/newsandevents/warwickpeople/NE1000000098244   (486 words)

 Archive: Case Study: What Would It Take?: Scarman Trust
Lord Scarman played a key role in making the government listen to its citizens.
The Scarman Trust believes in a CAN DO democracy that helps people capitalise on their experience to transform where and how they live.
The Scarman Trust is committed to helping individuals rediscover their power to bring about changes where they live and work.
www.publicartonline.org.uk /archive/casestudies/whatwould/scarman.php   (881 words)

 Brixton - Encyclopedia, History, Geography and Biography
In both cases the riots saw young fl men (who were joined by white youths) reacting to concerns over discriminatory and heavy-handed police "stop-and-search" policies under the notorious 'sus law'.
Following the 1981 riots, the Government appointed Lord Scarman to report.
Although the Brixton area subsequently saw pioneering community policing initiatives, the continued death of young fl men in police custody (and in one case the death of a man holding a gun-shaped cigarette lighter) coupled with general distrust of the police led to smaller scale protests through the 1990s.
www.arikah.com /encyclopedia/Brixton   (1411 words)

 [No title]
As a result of a decision of the House of Lords in 1994, it is now open to Ministers to weigh the competing public interests for themselves.
In Duncan v Cammell Laird (1942) the House of Lords held that the court was bound to accept a minister's claim that a document had to be withheld in the public interest.
Thereafter the duty of the minister was to claim PII where it applied and to leave it to the courts to balance the competing interests and decide whether the documents should be disclosed, unless it was thought that on any view the court was bound to order disclosure.
www.fas.org /news/uk/scott/atg3.txt   (2086 words)

 providing comprehensive services
The Law Lords ruling in the 1986 Gillick v West Norfolk and Wisbech Area Health Authority case emphasized that the parental power to control a child exists not for the benefit of the parent but for the benefit of the child.
It is important to understand that Lord Scarman's ruling considered medical treatment (in that case, oral contraception) and that the judgement may not apply to other professions and types of interventions.
In any event, Lord Scarman suggested that it would be good practice (but not a legal duty) for a doctor to urge a minor to consult a parent.
www.drugtext.org /library/books/needle/servicem.htm   (4787 words)

 Warwick the Magazine   (Site not responding. Last check: 2007-10-11)
Lord Scarman was the University's second Chancellor, taking over in 1977 on the death of Founding Chancellor Lord Radcliffe.
He became a Lord Justice of Appeal in 1973 and Lord of Appeal in 1977.
Lord Scarman presided over the University from 1977 until 1989 - a time of great growth and expansion for Warwick, which benefited enormously from his wise and considered counsel.
www2.warwick.ac.uk /about/warwickmagazine06/scarman   (205 words)

 The Judgment of Lord Justice Ward: THE LAW
I need no persuading that the mother's primary submission that she, as mother, is better able by nurture and by nature to care for S than his grandmother, is a powerful one.
Lord Donaldson goes on: "So it is not a case of parental right opposed to the interests of the child, with an assumption that parental right prevails unless there are strong reasons in terms of the interests of the child.
Perhaps the last vestige of disability was swept aside with the Lord Chancellor (Tenure Office in the Discharge of Ecclesiastical Functions) Act 1974 which for the avoidance of doubt declared that the office of Lord Chancellor is tenable by an adherent of the Roman Catholic faith.
www.caic.org.au /biblebase/cog-family/judgment-54.htm   (5505 words)

 Scarman and the suppression of English interest
Yesterday Lord Leslie Scarman, retired Law Lord and cross-bench member of the House of Lords, died peacefully in his sleep.
In any case, he would probably have preferred to eat fried banana for a year than examine whether these levels were heritable or of environmental origin or a mixture of the two.
Scarman was the last chance for a critical and rational view to be taken of the fl presence in our cities.
majorityrights.com /index.php/weblog/comments/133   (1824 words)

 Leeds Met - Vice Chancellors Office - VC Reflects
One of my heroes, Lord Scarman, the British judge most identified with human rights law, died yesterday.
First, Lord Scarman was closely associated with Brixton because of his judicious inquiry into its 1981 riots.
Lord Scarman was, then, a champion of the marginalised, of listening and learning, of justice and human rights.
www.lmu.ac.uk:81 /vco/reflect/dec04/dec10.htm   (217 words)

 In Re American Greetings Corporation's Application, House of Lords, 1984, lawindexpro
My Lords, this appeal relates to a commercial activity commonly called "character merchandising." The expression is used to signify the exploitation of a well known invented name, whereby the author or promoter of the name licenses or purports to license its use on the goods of traders who have no other connection with the licensor.
If the invented name is a registered trade mark of the licensor in respect of certain classes of goods, the licensor may wish to protect his position by obtaining registration of the mark in respect of the goods of the licensee.
My Lords, although as a matter of ordinary English, trafficking in trade marks might mean the buying and selling of trade marks, it seems obvious that it is to have a more specialised meaning in a trade mark context.
www.swarb.co.uk /c/hl/1984american_greeting.html   (3537 words)

 The Scarman Trust
The Scarman Trust is a national charity committed to helping citizens bring about change in their community, in the way that they want.
Originally known as the Charter 88 Trust, the Scarman Trust was set up in 1991 to continue that 'bottom up' approach to democracy and was rooted in the constitutional reform movement.
The Scarman Trust invests in can do-ers - people who act as a catalyst and mobilize these assets for positive and concrete change.
www.thescarmantrust.org /text   (541 words)

 UK, Gillick v. West Norfolk and Wisbech Area Health Auhtority
The plaintiff appealed to the Court of Appeal, which allowed her appeal and granted the declarations sought, on the grounds that a child under 16 could not validly consent to contraceptive treatment without her parents' consent and that therefore the circular was unlawful.
My Lords, the main question in this appeal is whether a doctor can lawfully prescribe contraception for a girl under 16 years of age without the consent of her parents.
Clearly a doctor who gives a girl contraceptive advice or treatment not because in his clinical judgment the treatment is medically indicated for the maintenance or restoration of her health but with the intention of facilitating her having unlawful sexual intercourse may well be guilty of a criminal offence.
www.hrcr.org /safrica/childrens_rights/Gillick_WestNorfolk.htm   (17974 words)

 Racial Wounds -- Monday, Dec. 07, 1981 -- Page 1 -- TIME
In a 137-page report on the Brixton riots released last week and commissioned by the Conservative government last April while the streets still smoldered, Lord Scarman, 70, a senior judge, concludes, "There was a strong racial element in the disorders.
The riots were essentially an outburst of anger and resentment by young fl people against the police." Lord Scarman concedes that while "institutional racism" does not exist in Britain, "racial disadvantage and its nasty associate racial discrimination have not yet been eliminated.
Scarman closes by quoting from Lyndon Johnson's foreword to a report on the racial disorders that racked the U.S. in the 1960s: "We should attack these conditions—not because we are frightened by conflict, but because we are fired by conscience." ∎
www.time.com /time/magazine/article/0,9171,953236,00.html   (560 words)

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