John Donaldson, Baron Donaldson of Lymington
Encyclopedia
John Francis Donaldson, Baron Donaldson of Lymington PC
, QC
(6 October 1920–31 August 2005) was a senior British
judge who served as Master of the Rolls
for 10 years, from 1982 to 1992.
-based gynaecologist, Donaldson attended first Charterhouse
and then Trinity College
, Cambridge
. He served as chairman of the Federation of University Conservative and Unionist Associations, and harboured ambitions of becoming a Conservative Party
Member of Parliament
. He was an Independent Ratepayers councilor in the County Borough of Croydon
from 1949 to 1953.
After graduating with a lower second class degree in 1941, he joined the war
effort as a commissioned officer in the Royal Signals. He then served with the Guards Armoured Divisional Signals, both domestically and in North-West Europe, until the end of the war in 1945. He served in the military government of Schleswig-Holstein
, and was demob
bed as a lieutenant-colonel aged only 25.
He married his wife, Mary (later Dame Mary Donaldson
), in 1945, having met her at Middlesex Hospital where she was serving as a nurse. She later became the first woman to be a member of the City of London
Court of Common Council, the first female alderman
, the first female sheriff
and, finally, in 1983, the first female Lord Mayor of London
. Together, they had two daughters and a son. His wife predeceased him in October 2003.
In private life, he enjoyed skiing and sailing, indulging the latter pastime from his house at Lymington
in Hampshire
, on the Solent
. He joined the chambers of Sir Henry Willink QC at 3 Essex Court and built a successful tort
and commercial
practice. He was made a Queen's Counsel
in 1961, and became a High Court
Judge when he was appointed to the Queen's Bench Division in 1966: aged only 45, he remained the youngest High Court judge for a number of years.
He became the first (and last) President of the abortive National Industrial Relations Court
(NIRC, also known as the Industrial Relations Tribunal) from its formation by Ted Heath
's Conservative government in 1971 under the Industrial Relations Act 1971
until it was abolished in 1974. The trades unions doubted his independence, pointing to his Tory inclinations in his youth, and nicknamed him "Black Jack", and 181 Members of Parliament
(MPs) signed a House of Commons
motion calling for his dismissal.
Two months after Margaret Thatcher
was elected in 1979, he became a Lord Justice of Appeal
, and was thus was automatically appointed to the Privy Council
. He replaced Lord Denning as Master of the Rolls
in 1982, becoming the presiding officer of the civil division of the Court of Appeal of England and Wales
, where he pushed forward modernisation efforts, including the introduction of skeleton arguments in civil appeals, judgments being "handed down" rather than read, and enhanced case management. Continuing his antagonistic approach in the labour tribunals to industrial relations, Donaldson decided in O'Kelly v. Trusthouse Forte plc
[1983] ICR 728, Donaldsdon's early reforms would later be overtaken by the Civil Procedure Rules introduced by a later Master of the Rolls, Lord Woolf. In 1988 he was elevated to a life peerage as Baron Donaldson of Lymington, of Lymington in the County of Hampshire
.
in 1975 and the Maguire Seven in 1976, and was later criticised in Sir John May
's interim report of his inquiry into the miscarriages of justice; he refused to prevent newspapers from publishing the Spycatcher
memoir of Peter Wright
in 1988; and he ruled in 1991 that the then Home Secretary
, Kenneth Baker
was in contempt of court
over an extradition case, in which a man was deported to Zaire while the case was still pending, contrary to a court order.
in January 1993, in which 85,000 tonne
s of oil escaped; and the grounding of the Sea Empress
at the entrance to Milford Haven
in February 1996, and subsequent escape of over 70,000 tonnes of oil next to the Pembrokeshire
coast.
In the 2000-2001 session of Parliament, he presented a Private Member's Bill
in the House of Lords
(the Parliament Acts (Amendment) Bill), which would have had the effect of confirming the legitimacy of the Parliament Act 1949
to address concerns raised by legal academics as to whether the use of the Act was valid. http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldbills/126/2000126.htm. The Bill was not passed, and Donaldson supported the legal action by the Countryside Alliance
to overturn the Hunting Act 2004
, which was passed under the provisions of the Parliament Acts 1911 and 1949
.
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...
(6 October 1920–31 August 2005) was a senior 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 who served as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
for 10 years, from 1982 to 1992.
Early and private life
The son of a Harley StreetHarley Street
Harley Street is a street in the City of Westminster in London, England which has been noted since the 19th century for its large number of private specialists in medicine and surgery.- Overview :...
-based gynaecologist, Donaldson attended first Charterhouse
Charterhouse School
Charterhouse School, originally The Hospital of King James and Thomas Sutton in Charterhouse, or more simply Charterhouse or House, is an English collegiate independent boarding school situated at Godalming in Surrey.Founded by Thomas Sutton in London in 1611 on the site of the old Carthusian...
and then Trinity College
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
, Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
. He served as chairman of the Federation of University Conservative and Unionist Associations, and harboured ambitions of becoming a Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
. He was an Independent Ratepayers councilor in the County Borough of Croydon
County Borough of Croydon
Croydon was a local government district in north east Surrey, England from 1849 to 1965.-History:A local board of health was formed for the parish of Croydon St John the Baptist in 1849. On March 9, 1883 the town received a charter of incorporation to become a municipal borough...
from 1949 to 1953.
After graduating with a lower second class degree in 1941, he joined the war
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...
effort as a commissioned officer in the Royal Signals. He then served with the Guards Armoured Divisional Signals, both domestically and in North-West Europe, until the end of the war in 1945. He served in the military government of Schleswig-Holstein
Schleswig-Holstein
Schleswig-Holstein is the northernmost of the sixteen states of Germany, comprising most of the historical duchy of Holstein and the southern part of the former Duchy of Schleswig...
, and was demob
Demobilization
Demobilization is the process of standing down a nation's armed forces from combat-ready status. This may be as a result of victory in war, or because a crisis has been peacefully resolved and military force will not be necessary...
bed as a lieutenant-colonel aged only 25.
He married his wife, Mary (later Dame Mary Donaldson
Mary Donaldson, Baroness Donaldson of Lymington
Dorothy Mary Warwick, Baroness Donaldson of Lymington, GBE DStJ , better known as Dame Mary Donaldson, was the first, and to date the only, female Lord Mayor of London ....
), in 1945, having met her at Middlesex Hospital where she was serving as a nurse. She later became the first woman to be a member of the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
Court of Common Council, the first female alderman
Alderman
An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council member chosen by the elected members themselves rather than by popular vote, or a council...
, the first female sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
and, finally, in 1983, the first female Lord Mayor of London
Lord Mayor of London
The Right Honourable Lord Mayor of London is the legal title for the Mayor of the City of London Corporation. The Lord Mayor of London is to be distinguished from the Mayor of London; the former is an officer only of the City of London, while the Mayor of London is the Mayor of Greater London and...
. Together, they had two daughters and a son. His wife predeceased him in October 2003.
In private life, he enjoyed skiing and sailing, indulging the latter pastime from his house at Lymington
Lymington
Lymington is a port on the west bank of the Lymington River on the Solent, in the New Forest district of Hampshire, England. It is to the east of the South East Dorset conurbation, and faces Yarmouth on the Isle of Wight which is connected to it by a car ferry, operated by Wightlink. The town...
in Hampshire
Hampshire
Hampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...
, on the Solent
Solent
The Solent is a strait separating the Isle of Wight from the mainland of England.The Solent is a major shipping route for passengers, freight and military vessels. It is an important recreational area for water sports, particularly yachting, hosting the Cowes Week sailing event annually...
Legal career
Donaldson was called to the Bar in 1946 as a Harmsworth scholar at 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...
. He joined the chambers of Sir Henry Willink QC at 3 Essex Court and built a successful tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
and commercial
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
practice. He was made 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, and became a High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
Judge when he was appointed to the Queen's Bench Division in 1966: aged only 45, he remained the youngest High Court judge for a number of years.
He became the first (and last) President of the abortive National Industrial Relations Court
National Industrial Relations Court
The National Industrial Relations Court was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom...
(NIRC, also known as the Industrial Relations Tribunal) from its formation by Ted Heath
Edward Heath
Sir Edward Richard George "Ted" Heath, KG, MBE, PC was a British Conservative politician who served as Prime Minister of the United Kingdom and as Leader of the Conservative Party ....
's Conservative government in 1971 under the Industrial Relations Act 1971
Industrial Relations Act 1971
The Industrial Relations Act 1971 was an Act of the Parliament of the United Kingdom, since repealed. It was largely based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election...
until it was abolished in 1974. The trades unions doubted his independence, pointing to his Tory inclinations in his youth, and nicknamed him "Black Jack", and 181 Members of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(MPs) signed a House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
motion calling for his dismissal.
Two months after Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
was elected in 1979, he became 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 thus was automatically 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...
. He replaced Lord Denning as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
in 1982, becoming the presiding officer of the civil division of the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, where he pushed forward modernisation efforts, including the introduction of skeleton arguments in civil appeals, judgments being "handed down" rather than read, and enhanced case management. Continuing his antagonistic approach in the labour tribunals to industrial relations, Donaldson decided in O'Kelly v. Trusthouse Forte plc
O'Kelly v. Trusthouse Forte plc
O'Kelly v Trusthouse Forte plc [1983] ICR 728 is a notorious UK labour law case, which held that a requirement for a contract is "mutuality of obligation" between the parties.-Facts:...
[1983] ICR 728, Donaldsdon's early reforms would later be overtaken by the Civil Procedure Rules introduced by a later Master of the Rolls, Lord Woolf. In 1988 he was elevated to a life peerage as Baron Donaldson of Lymington, of Lymington in the County of Hampshire
Hampshire
Hampshire is a county on the southern coast of England in the United Kingdom. The county town of Hampshire is Winchester, a historic cathedral city that was once the capital of England. Hampshire is notable for housing the original birthplaces of the Royal Navy, British Army, and Royal Air Force...
.
Criticism
In his various roles, Donaldson was involved in many high-profile cases from the 1970s onwards. He presided over the trials of the Guildford FourGuildford Four
The Guildford Four and the Maguire Seven were two sets of people whose convictions in English courts for the Guildford pub bombings in the 1970s were eventually quashed...
in 1975 and the Maguire Seven in 1976, and was later criticised in Sir John May
Sir John May
Sir John May was a former Court of Appeal judge appointed by the British Government to investigate the miscarriages of justice related to the Maguire Seven and other miscarriages linked to IRA bombing offences...
's interim report of his inquiry into the miscarriages of justice; he refused to prevent newspapers from publishing the 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...
memoir of 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...
in 1988; and he ruled in 1991 that the then Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, Kenneth Baker
Kenneth Baker
Kenneth Wilfred Baker, Baron Baker of Dorking, CH, PC , is a British politician, a former Conservative MP and a Life Member of the Tory Reform Group.-Early life:...
was in contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
over an extradition case, in which a man was deported to Zaire while the case was still pending, contrary to a court order.
In retirement
After retiring as a judge in 1992, he wrote influential reports into two maritime accidents involving the grounding of oil tankers and subsequent spills of crude oil: the grounding of the MV Braer off the Shetland IslandsShetland Islands
Shetland is a subarctic archipelago of Scotland that lies north and east of mainland Great Britain. The islands lie some to the northeast of Orkney and southeast of the Faroe Islands and form part of the division between the Atlantic Ocean to the west and the North Sea to the east. The total...
in January 1993, in which 85,000 tonne
Tonne
The tonne, known as the metric ton in the US , often put pleonastically as "metric tonne" to avoid confusion with ton, is a metric system unit of mass equal to 1000 kilograms. The tonne is not an International System of Units unit, but is accepted for use with the SI...
s of oil escaped; and the grounding of the Sea Empress
Sea Empress
The MV Sea Empress was a single-hull oil tanker that ran aground near the southwest coast of Wales in February 1996. The ensuing oil spill affected a considerable area of nearby coastline.Pembrokeshire was suffering for over a year after the incident...
at the entrance to Milford Haven
Milford Haven
Milford Haven is a town and community in Pembrokeshire, Wales. It is situated on the north side of the Milford Haven Waterway, a natural harbour used as a port since the Middle Ages. The town was founded in 1790 on the north side of the Waterway, from which it takes its name...
in February 1996, and subsequent escape of over 70,000 tonnes of oil next to the Pembrokeshire
Pembrokeshire
Pembrokeshire is a county in the south west of Wales. It borders Carmarthenshire to the east and Ceredigion to the north east. The county town is Haverfordwest where Pembrokeshire County Council is headquartered....
coast.
In the 2000-2001 session of Parliament, he presented a Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
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....
(the Parliament Acts (Amendment) Bill), which would have had the effect of confirming the legitimacy of the Parliament Act 1949
Parliament Act 1949
The Parliament Act 1949 is an Act of the Parliament of the United Kingdom.This Act must be construed as one with the Parliament Act 1911...
to address concerns raised by legal academics as to whether the use of the Act was valid. http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldbills/126/2000126.htm. The Bill was not passed, and Donaldson supported the legal action by the Countryside Alliance
Countryside Alliance
The Countryside Alliance is a British organisation promoting issues relating to the countryside such as country sports, including hunting, shooting and angling...
to overturn the Hunting Act 2004
Hunting Act 2004
The Hunting Act 2004 is an Act of the Parliament of the United Kingdom. The effect of the Act is to outlaw hunting with dogs in England and Wales from 18 February 2005...
, which was passed under the provisions of the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
.
External links
- Former judge Lord Donaldson dies (BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
, 1 September 2005) - Obituaries
- Obituary (BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
, 1 September 2005) - Obituary (The TelegraphThe Daily TelegraphThe Daily Telegraph is a daily morning broadsheet newspaper distributed throughout the United Kingdom and internationally. The newspaper was founded by Arthur B...
, 2 September 2005) - Obituary (The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, 3 September 2005) - Obituary (The IndependentThe IndependentThe Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
, 9 September 2005) - Obituary (The TimesThe TimesThe Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
, 9 September 2005)
- Obituary (BBC News