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Topic: The Lord Bingham of Cornhill

	Judicial functions of the House of Lords - Wikipedia, the free encyclopedia
		The House of Lords appointed a Committee for Petitions.
		The position of the Lords Spiritual (the Archbishops and Bishops of the Church of England with seats in the House), however, was unclear.
		"The Appellate Jurisdiction of the House of Lords." (2003).
	en.wikipedia.org /wiki/Judicial_Committee_of_the_House_of_Lords (4597 words)

	Thomas Bingham, Baron Bingham of Cornhill - Wikipedia, the free encyclopedia
		Thomas Henry Bingham, Baron Bingham of Cornhill, KG, PC (born 13 October 1933), is one of the most senior judges in the United Kingdom.
		As the Lord Chief Justice of England and Wales from 1996 to 2000, Bingham was (for those regions of the UK) the highest-ranking judge in regular courtroom service; he was personally responsible for adding "of Wales" to the office's title.
		In 2000 he moved to the House of Lords, the country's highest court of appeal, as the "Senior" Law Lord (although he had not been one before); he was succeeded as Lord Chief Justice by Lord Woolf, who had likewise succeeded him in 1996 as Master of the Rolls.
	en.wikipedia.org /wiki/Lord_Bingham_of_Cornhill (379 words)

	Harry Woolf, Baron Woolf - Wikipedia, the free encyclopedia
		The Constitutional Reform Act made him the first Lord Chief Justice to be President of the Courts of England and Wales, and the most senior judge in the United Kingdom instead of the Lord Chancellor.
		He became a barrister in 1954, a High Court judge in 1979, a Law Lord in 1992, and Master of the Rolls in 1996.
		Lords Chief Justice of England and Wales
	en.wikipedia.org /wiki/Lord_Woolf (256 words)

	INNOCENT - Donald Pendleton
		Lord Bingham of Cornhill, the senior law lord, said Mr Pendleton had first told police that he was not at the scene of the crime but, after further questioning, had changed his mind — although he always maintained he did not take part in the violence.
		But Lord Bingham said yesterday that, when Mr Pendleton was examined in prison in 1998 by a "distinguished forensic psychologist", he was found to be "highly susceptible to giving in to leading questions and interrogative pressure".
		Lord Bingham said the case against Mr Pendleton was "not a strong one." In light of "uncertainties and fresh psychological evidence" in the case, it was "impossible to be sure that this conviction is safe".
	www.innocent.org.uk /cases/donaldpendleton/index.html (1317 words)

	R v K
		Lord Hewart CJ, at p 46, described it as "a grotesque state of affairs that the law offers a defence upon the major charge, but excludes that defence if the minor charge is preferred".
		The House (Lord Irvine of Lairg LC, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Steyn and Lord Hutton) unanimously held that it was.
		Lord Steyn, at p 470F, quoting from Professor Sir Rupert Cross, referred to the presumption that mens rea is required in the case of all statutory crimes, a presumption operating as a constitutional principle and not easily displaced by a statutory text.
	privatewww.essex.ac.uk /~joash/rvk.htm (3394 words)

	NationMaster - Encyclopedia: Harry Woolf, Baron Woolf
		The Lord High Chancellor of Great Britain, or Lord Chancellor and in former times the Chancellor of England and the Lord Chancellor of Scotland, is one of the most senior and important functionaries in the government of the United Kingdom, and its predecessor states.
		The Right Honourable Thomas Henry Bingham, Baron Bingham of Cornhill, KG, PC (born October 13, 1933), is one of the most senior judges in the United Kingdom.
		The Lord Chief Justice of England and Wales is the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, and the presiding judge of Criminal Division of the Court of Appeal, and of the Queens Bench Division of the High Court.
	www.nationmaster.com /encyclopedia/Harry-Woolf%2C-Baron-Woolf (1401 words)

	cannabisnews.com: Ban on Cannabis is 'Stupid', Says Senior Law Lord (Site not responding. Last check: 2007-10-31)
		Lord Bingham of Cornhill, a former Lord Chief Justice, said bluntly in an interview for Spectator magazine that prohibiting the drug was not working.Asked by the magazine's editor, Boris Johnson, whether cannabis should be legalised, the law lord replied: "Absolutely.
		In point of fact, it is one of the most punitive systems in the world." Lord Bingham went much further than David Blunkett, the Home Secretary, who has proposed downgrading cannabis from a class B to a class C drug.
		Lord Bingham should be applauded."Lord Bingham, who is 68, served as Lord Chief Justice from 1996 until 2000, when he became the first to be appointed a senior law lord.In his interview, he also reiterated his desire to set up an American-style Supreme Court and criticised the way judges sat in the House of Lords.
	www.cannabisnews.com /news/thread12947.shtml (338 words)

	[No title] (Site not responding. Last check: 2007-10-31)
		Lord Bingham, at his annual press conference in London, gave a ringing endorsement of the present judges' selection system, criticised in recent weeks by bodies such as the Law Society for operating like an "old boys' network".
		Lord Bingham said that talking of the present system, which is based on widespread consultation, as "secret soundings" made it sound extremely sinister and unsatisfactory.
		The present figures for women in the judiciary: none of the 12 law lords; one of the five heads of division; one of the 35 Court of Appeal judges; 8 of the 99 High Court judges; 39 of the 556 circuit judges and 53 of the 402 district judges.
	www.lawteacher.net /Articles/0240.htm (357 words)

	House of Lords - In re McFarland (AP) (Appellant) Northern Ireland
		Lord Bingham has observed that the Home Secretaries responsible for policy statements did not intend to include a court within the meaning of the concept of a "public authority": para 15.
		Lord Bingham emphasises the fact that the statements of Mr Jenkins and Mr Hurd were made many years ago, i.e.
		It is true, as Lord Bingham has mentioned, that this view has been upheld in a series of decisions, starting with an unmotivated obiter dictum in R v Secretary of State for the Home Department, ex p Harrison [1988] 3 All ER 86, at 89 and 92.
	www.parliament.the-stationery-office.co.uk /pa/ld200304/ldjudgmt/jd040429/mcfar-2.htm (2382 words)

	Guardian Unlimited \| Special reports \| Lords rejects Stormont elections challenge
		Today, Lord Bingham of Cornhill, dismissing Mr Robinson's appeal, ruled that the assembly had the power to make a valid election even though the six-week period had expired and that Mr Trimble and Mr Durkan were legally elected.
		Lord Hutton said parliament did not intend for the assembly to have a power to elect a first minister and deputy outside the six-week period.
		Lord Bingham said the agreement on a government for Northern Ireland was reached after "much tribulations" with the intention of bringing "reconciliation, tolerance and mutual trust" and the "protection and vindication of the human rights of all".
	www.guardian.co.uk /Northern_Ireland/Story/0,2763,763146,00.html (593 words)

	Garberville Pot Dispatch 2002
		Lord Bingham of Cornhill, a former Lord Chief Justice, said bluntly in an interview for Spectator magazine that prohibiting the drug was not working.
		Lord Bingham went much further than David Blunkett, the Home Secretary, who has proposed downgrading cannabis from a class B to a class C drug.
		Lord Bingham, who is 68, served as Lord Chief Justice from 1996 until 2000, when he became the first to be appointed a senior law lord.
	www.digthatcrazyfarout.com /gpd/GvillePD1028.htm (456 words)

	Smith v Bridgend CBC [HL]
		My Lords, in my opinion Millett LJ was therefore right in saying that on the basis of the first Court of Appeal judgment, there could be no answer to the company's claim for damages for conversion.
		I am, therefore, in full agreement with my noble and learned friend Lord Hoffmann that for as long as an unregistered charge is void under section 395(1) against a liquidator or administrator the charge is, for the reasons he gives, void against the grantor company in liquidation or in administration.
		This House rejected the claim and Lord Salmon, at p 111, commented that he could not think "that it would be proper to apply an equitable doctrine for the purpose of enabling a moneylender to escape from the consequences of his breach of the statute.
	www.ipsofactoj.com /international/2002/Part05/int2002(5)-001.htm (8473 words)

	House of Commons - Home Affairs - Minutes of Evidence
		(Lord Bingham of Cornhill) We have first of all to remember that the Convention, understandably given its origins, is an instrument to protect citizens against an oppressive state.
		(Lord Bingham of Cornhill) I can to this extent, that we are obliged to take account of the jurisprudence in Strasbourg under the Bill and the jurisprudence in Strasbourg gives priority in the case of competition to the right of free speech under article 10.
		As Lord Mayhew, by no means an intemperate man, indicated in your House, he feels that it is going to politicise the judges on whom there has been no taint of politicisation up until now.
	www.publications.parliament.uk /pa/cm199798/cmselect/cmhaff/629-i/629i09.htm (2370 words)

	Patricia Bass
		Yesterday, Lord Bingham of Cornhill, the Lord Chief Justice, sitting with Mr Justice Smedley and Mr Justice Thomas, questioned whether the evidence against Mrs Bass, a woman of good character who had devoted the best years of her life to caring for an elderly uncle, was sufficient to establish her guilt.
		Patricia Bass, 49, showed no emotion as Lord Bingham, the Lord Chief Justice, sitting with Mr Justice Brian Smedley and Mr Justice Thomas, ruled that her conviction at her second trial was unsafe and should be quashed.
		Lord Bingham questioned whether, taken at its highest, the circumstantial evidence against Mrs Bass, a woman of good character who had devoted the best years of her life to caring for an elderly uncle, was sufficient to establish her guilt.
	www.innocent.org.uk /cases/patriciabass/index.html (1123 words)

	[No title]
		However, Robert Marshall-Andrews, the MP for Medway, revealed that Lord Bingham of Cornhill, in a private letter, had expressed his "unease" to Mr Straw and warned about the "dangers" of the legislation.
		He made clear that Lord Bingham had given his "active endorsement" to the principles underlying the Bill but was concerned about aspects of it.
		Lord Bingham's concern had focused on the criteria with which a magistrate would decide where the trial of a defendant should take place.
	www.perceptions.couk.com /reactions.txt (824 words)

	House of Commons - Constitutional Affairs - Minutes of Evidence
		Lord Bingham of Cornhill: I remember a former Lord Chancellor, forgive me if I am anecdotal in my reply, who said to me on one occasion that his life was really very difficult because all the politicians viewed him as a judge and all the judges viewed him as a politician.
		Lord Bingham of Cornhill: Well, up to a point, but it would seem to me that the real clout is going to rest with whoever runs what is still quite a big Department of State, which the Attorney General is never going to do.
		Lord Bingham of Cornhill: I would very, very much hope that if one had, as one would assume, a competent and experienced chief executive and a good relationship between him and the President that the President could leave most of the running to him.
	www.parliament.the-stationery-office.co.uk /pa/cm200405/cmselect/cmconst/275/4052510.htm (1614 words)

	House of Lords - United Wire Limited v. Screen Repair Services (Scotland) Limited and Another and Others
		By selling their products on the open market the plaintiffs exhausted their rights as patentees, but that does not prevent them complaining of infringement by a party who has made the product without their consent and it cannot be said that they impliedly licensed the defendants to make it.
		My Lords, the point is a very short one and in my opinion the Court of Appeal was right.
		I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Bingham of Cornhill and Lord Hoffmann and for the reasons which they have given I too would dismiss the appeal.
	www.parliament.the-stationery-office.co.uk /pa/ld199900/ldjudgmt/jd000720/wire.htm (2348 words)

	View topic - House of Lords ruling injunctions Criminal Proceedings
		Lord Phillips of Worth Matravers MR and Latham LJ took the view that, although Hedley J had not performed the right balancing exercise, he had come to the correct conclusion.
		I understand that Lord Phillips of Worth Matravers MR and Latham LJ, although agreeing with my analysis of the law, consider that Hedley J was entitled to reach the conclusion he did in this case and that his decision should not be disturbed.
		The effect of the opinions delivered in the House today is that there is no injunction in respect of publication of the identity of the defendant or of photographs of the defendant or her deceased son.
	www.msbp.com /forum/post-6607.html (5276 words)

	Royal Commission for Historical Manuscripts
		The Rt Hon Lord Bingham of Cornhill was first appointed to the Commission on 1 December 1994 for a term of five years.
		A former master of the Rolls and a Privy Councillor since 1986, Lord Bingham is currently a Trustee of the Pilgrim Trust and President of the Seckford Foundation.
		Lord Bingham is a strong believer in the essential value of archives to our society and is particularly interested in their administrative and legal roots.
	www.number-10.gov.uk /output/Page2963.asp (322 words)

	Education \| Lord Bingham in running for Oxford post
		Lord Bingham of Cornhill, the senior lord of appeal and former Lord Chief Justice, said he would rather see the controversial funding system introduced than allow Oxford to "slide into mediocrity".
		The peer, who said he would not retire as a law lord if elected, told BBC Radio 4's Today programme: "I think the really important thing is that the English universities, including, of course, Oxford, should maintain their quality and maintain their standing in the world.
		Lord Bingham, who has previously spoken in favour of the legalisation of cannabis, is an honorary fellow of Balliol College, Oxford, from which he received a masters as Gibbs scholar in modern history in 1956.
	education.guardian.co.uk /print/0,3858,4603530-108231,00.html (370 words)

	SAL:Press Release - Annual Lecture 2001 (Site not responding. Last check: 2007-10-31)
		Lord Bingham brings with him a glittering career both at the Bar and on the Bench.
		Lord Bingham embarked on his illustrious judicial career three years later as a Crown Court recorder in 1975.
		After serving as Master of the Rolls, Lord Bingham was appointed the Lord Chief Justice of England and Wales in 1996.
	www.sal.org.sg /media_pressRelease_200103.htm (457 words)

	Lord Bingham of Cornhill, 'The Way We Live Now: Human Rights in the New Millennium', [1998] 1 Web JCLI
		The Lord Chief Justice of England and Wales
		A second argument is that the possibility of a House of Lords decision on a Convention issue being overruled at Strasbourg would deprive the House of Lords judicial committee of its status as a supreme court.
		It will in my view do nothing to undermine the authority or dignity of the House of Lords as our supreme court that, in matters arising from interpretation or application of a multilateral international treaty, the final decision is accorded to the body established by the treaty as the ultimate authority on those questions.
	webjcli.ncl.ac.uk /1998/issue1/bingham1.html (5700 words)

	Guardian Unlimited Politics \| Special Reports \| Law lords back terror detainees
		One of the law lords, Lord Hoffmann of Chedworth suggested that the act itself was a bigger threat to the nation than terrorism.
		Lord Bingham of Cornhill, the senior lord of appeal and former lord chief justice, said that the powers under which the men were held were incompatible with European human rights laws because they "discriminate on the ground of nationality or immigration status".
		Lord Nicholls of Birkenhead ruled that: "Indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law.
	politics.guardian.co.uk /homeaffairs/story/0,11026,1374970,00.html (763 words)

	First National Bank plc v DG of Fair Trading [HL]
		In reliance on regulation 3(2)(b) Lord Goodhart QC, on behalf of the bank, submitted that no assessment might be made of the fairness of the term because it concerns the adequacy of the bank's remuneration as against the services supplied, namely the loan of money.
		As Lord Millett has observed, the Scottish practice of awarding post- judgment interest at the contractual rate in the sheriff court avoids the uncertainty, confusion and hardship which would otherwise arise if the borrower were to be exposed to further proceedings to satisfy the bank's claim for interest at the contractual rate.
		Any such relaxation could be combined with the making of rules, similar to those in the 1999 Act of Sederunt, designed to ensure that a borrower against whom proceedings were brought is made fully aware at the outset of the powers which the county court has under the relevant statutes to prevent hardship.
	www.ipsofactoj.com /international/2002/Part06/int2002(6)-004.htm (10257 words)

	Department for Constitutional Affairs - Consultation Paper - A New Supreme Court for the United Kingdom
		The fact that the Lord Chancellor, as the Head of the Judiciary, was entitled to sit in the Appellate and Judicial Committees and did so as Chairman, added to the perception that their independence might be compromised by the arrangements.
		The first alternative is, as in the case of Lords of Appeal in Ordinary, to have membership of the Court as an appointment made by the Queen on the advice of her ministers.
		The Lord Chief Justice of England and Wales (following the abolition of the role of Lord Chancellor), the Lord President of the Court of Session (and Lord Justice-General) in Scotland and the Lord Chief Justice of Northern Ireland.
	www.dca.gov.uk /consult/supremecourt/index.htm (11189 words)

	Search: spoken by Lord Bingham of Cornhill (TheyWorkForYou.com)
		Lord Bingham of Cornhill: My Lords, with the leave of the House, before the reports from the Appellate Committees are considered, I should like to make a Statement on Recommendation 59 of the Royal Commission on the Reform of the House of Lords.
		That recommendation is that: "The Lords of Appeal should set out in writing and publish a statement of the principles which they intend to observe when participating in debates...
		Lord Bingham of Cornhill: I owe your Lordships an apology for my absence at the Second Reading of the Bill.
	www.theyworkforyou.com /search/?pid=13501&pop=1 (403 words)

	Department for Constitutional Affairs - Consultation Paper - Constitutional Reform: The Future of Queen's Counsel
		Although the Lord Chancellor regards the level of an applicant's fees as an indication of the size of his or her practice, it is not his policy to recommend appointment as Queen's Counsel solely to the highest earning applicants nor is there a minimum threshold of earnings beneath which an application is ruled out.
		Following the closing date for applications, the Lord Chief Justice initiates a confidential process of consultation with all Supreme Court judges, the Chairman of the Council of HM County Court judges, the Recorders of Belfast and Londonderry, the Chairman of the Bar Council and the President of the Law Society.
		A Commissioner for Judicial Appointments was appointed by the Lord Chancellor in December 2001.
	www.dca.gov.uk /consult/qcfuture/index.htm (15591 words)

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