Desmond Ackner, Baron Ackner
Encyclopedia
Desmond James Conrad Ackner, Baron Ackner, PC
, QC
(18 September 1920 – 21 March 2006) was a British
judge and Lord of Appeal in Ordinary
.
, Dr Conrad Ackner, from Vienna
, who came to England before the First World War. He was educated at the Highgate School
, before attending university at Clare College, Cambridge
, where he read economics and law, and where he was later an honorary Fellow. During World War II
, he was commissioned into the Royal Artillery
, although a twisted foot kept him out of active service and he was transferred to the Admiralty's naval law branch.
as a barrister
in 1945, practising mainly commercial law. He became a Queen's Counsel
in 1961, a Bencher
of Middle Temple in 1965 and was later Treasurer in 1984. He came to public notice acting for victims of thalidomide
in the late 1960s in their action for damages against the manufacturer of the drug, Distillers
, which was settled before trial, and as counsel for the families of the victims at the public inquiry
into the Aberfan disaster in 1967, in which he condemned the "callous indifference, incompetence, ignorance, and inertia" in the National Coal Board
. He subsequently appeared in a number of very public libel actions, including acting for John Bloom
, International Herald Tribune
, Svetlana Alliluyeva
(Joseph Stalin
's daughter), and Lee Kwan Yew (prime minister of Singapore
), and The Spectator
.
He was elected to the Bar Council
in 1957, was treasurer in 1964, vice-chairman in 1966, and chairman in 1968. He was appointed Recorder
of Swindon
in 1962, and became an Appellate Judge of Jersey and Guernsey in 1967, serving in both offices until he was appointed a High Court Judge
of the Queen's Bench in 1971. He became a judge of the Commercial Court in 1973, and was promoted to become a Lord Justice of Appeal
and was appointed to the Privy Council
in 1980. Three years later, in 1983, he became an Honorary Fellow
of Clare College, Cambridge
.
In 1986, he was appointed Lord of Appeal in Ordinary, earning the right to sit as Baron Ackner, of Sutton in the County of West Sussex
in the House of Lords
. He joined in the majority in the House of Lords in 1987 in the 3:2 judgment imposing an injunction
to prevent The Guardian
, The Observer
and The Sunday Times newspapers publishing extracts from Peter Wright
's book, Spycatcher
, saying that failing to impose an injunction would be a "charter for traitors". He also joined in decisions banning broadcasts by the Provisional Irish Republican Army
and Sinn Féin
, and ruled in the R. v. R. case that a man could be convicted of the rape
of his wife (overturning a century of judicial precedent).
to solicitor
s.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(18 September 1920 – 21 March 2006) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
judge and Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
.
Early life
Ackner was the son of a Jewish dentistDentist
A dentist, also known as a 'dental surgeon', is a doctor that specializes in the diagnosis, prevention, and treatment of diseases and conditions of the oral cavity. The dentist's supporting team aides in providing oral health services...
, Dr Conrad Ackner, from Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
, who came to England before the First World War. He was educated at the Highgate School
Highgate School
-Notable members of staff and governing body:* John Ireton, brother of Henry Ireton, Cromwellian General* 1st Earl of Mansfield, Lord Chief Justice, owner of Kenwood, noted for judgment finding contracts for slavery unenforceable in English law* T. S...
, before attending university at Clare College, Cambridge
Clare College, Cambridge
Clare College is a constituent college of the University of Cambridge in Cambridge, England.The college was founded in 1326, making it the second-oldest surviving college of the University after Peterhouse. Clare is famous for its chapel choir and for its gardens on "the Backs"...
, where he read economics and law, and where he was later an honorary Fellow. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, he was commissioned into the Royal Artillery
Royal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...
, although a twisted foot kept him out of active service and he was transferred to the Admiralty's naval law branch.
Legal and judicial career
Ackner was admitted into Middle TempleMiddle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in 1945, practising mainly commercial law. He became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1961, a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of Middle Temple in 1965 and was later Treasurer in 1984. He came to public notice acting for victims of thalidomide
Thalidomide
Thalidomide was introduced as a sedative drug in the late 1950s that was typically used to cure morning sickness. In 1961, it was withdrawn due to teratogenicity and neuropathy. There is now a growing clinical interest in thalidomide, and it is introduced as an immunomodulatory agent used...
in the late 1960s in their action for damages against the manufacturer of the drug, Distillers
Distillers
Distillers may refer to:*The Distillers, an American punk rock band*Distillers Company, former Scotch whisky and pharmaceutical company...
, which was settled before trial, and as counsel for the families of the victims at the public inquiry
Public inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
into the Aberfan disaster in 1967, in which he condemned the "callous indifference, incompetence, ignorance, and inertia" in the National Coal Board
National Coal Board
The National Coal Board was the statutory corporation created to run the nationalised coal mining industry in the United Kingdom. Set up under the Coal Industry Nationalisation Act 1946, it took over the mines on "vesting day", 1 January 1947...
. He subsequently appeared in a number of very public libel actions, including acting for John Bloom
John Bloom
John Bloom , is an English entrepreneur, known for his success and failure at the Rolls Razor company in selling washing machines in the early 1960s.-Biography:...
, International Herald Tribune
International Herald Tribune
The International Herald Tribune is a widely read English language international newspaper. It combines the resources of its own correspondents with those of The New York Times and is printed at 38 sites throughout the world, for sale in more than 160 countries and territories...
, Svetlana Alliluyeva
Svetlana Alliluyeva
Svetlana Iosifovna Alliluyeva , later known as Lana Peters, was the youngest child and only daughter of Soviet Premier Joseph Stalin and Nadezhda Alliluyeva, Stalin's second wife...
(Joseph Stalin
Joseph Stalin
Joseph Vissarionovich Stalin was the Premier of the Soviet Union from 6 May 1941 to 5 March 1953. He was among the Bolshevik revolutionaries who brought about the October Revolution and had held the position of first General Secretary of the Communist Party of the Soviet Union's Central Committee...
's daughter), and Lee Kwan Yew (prime minister of Singapore
Prime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
), and The Spectator
The Spectator
The Spectator is a weekly British magazine first published on 6 July 1828. It is currently owned by David and Frederick Barclay, who also owns The Daily Telegraph. Its principal subject areas are politics and culture...
.
He was elected to the Bar Council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
in 1957, was treasurer in 1964, vice-chairman in 1966, and chairman in 1968. He was appointed Recorder
Recorder
The recorder is a woodwind musical instrument of the family known as fipple flutes or internal duct flutes—whistle-like instruments which include the tin whistle. The recorder is end-blown and the mouth of the instrument is constricted by a wooden plug, known as a block or fipple...
of Swindon
Swindon
Swindon is a large town within the borough of Swindon and ceremonial county of Wiltshire, in South West England. It is midway between Bristol, west and Reading, east. London is east...
in 1962, and became an Appellate Judge of Jersey and Guernsey in 1967, serving in both offices until he was appointed a High Court Judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
of the Queen's Bench in 1971. He became a judge of the Commercial Court in 1973, and was promoted to become a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
and was appointed to the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
in 1980. Three years later, in 1983, he became an Honorary Fellow
Fellow
A fellow in the broadest sense is someone who is an equal or a comrade. The term fellow is also used to describe a person, particularly by those in the upper social classes. It is most often used in an academic context: a fellow is often part of an elite group of learned people who are awarded...
of Clare College, Cambridge
Clare College, Cambridge
Clare College is a constituent college of the University of Cambridge in Cambridge, England.The college was founded in 1326, making it the second-oldest surviving college of the University after Peterhouse. Clare is famous for its chapel choir and for its gardens on "the Backs"...
.
In 1986, he was appointed Lord of Appeal in Ordinary, earning the right to sit as Baron Ackner, of Sutton in the County of West Sussex
West Sussex
West Sussex is a county in the south of England, bordering onto East Sussex , Hampshire and Surrey. The county of Sussex has been divided into East and West since the 12th century, and obtained separate county councils in 1888, but it remained a single ceremonial county until 1974 and the coming...
in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. He joined in the majority in the House of Lords in 1987 in the 3:2 judgment imposing an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
to prevent The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, The Observer
The Observer
The Observer is a British newspaper, published on Sundays. In the same place on the political spectrum as its daily sister paper The Guardian, which acquired it in 1993, it takes a liberal or social democratic line on most issues. It is the world's oldest Sunday newspaper.-Origins:The first issue,...
and The Sunday Times newspapers publishing extracts from Peter Wright
Peter Wright
Peter Maurice Wright was an English scientist and former MI5 counterintelligence officer, noted for writing the controversial book Spycatcher, which became an international bestseller with sales of over two million copies...
's book, Spycatcher
Spycatcher
Spycatcher: The Candid Autobiography of a Senior Intelligence Officer , is a book written by Peter Wright, former MI5 officer and Assistant Director, and co-author Paul Greengrass. It was published first in Australia...
, saying that failing to impose an injunction would be a "charter for traitors". He also joined in decisions banning broadcasts by the Provisional Irish Republican Army
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
and Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
, and ruled in the R. v. R. case that a man could be convicted of the rape
Spousal rape
Marital rape, also known as spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse. As such, it as a form of partner rape, of domestic violence, and of sexual abuse. Once widely condoned or ignored by law, spousal rape is now repudiated by international conventions and...
of his wife (overturning a century of judicial precedent).
Retirement
He retired as a Law lord in 1992 but continued to attend the Lords as a crossbencher. He remained active in Bar politics, supporting the traditional division of the legal profession in the UK and opposing the extension of rights of audienceRights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have a right of audience, and solicitors, who traditionally do not ; there is no such...
to solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s.