Thomas Bingham, Baron Bingham of Cornhill
|The Right Honourable
The Lord Bingham of Cornhill
KG, PC, QC, FBA
|Senior Lord of Appeal in Ordinary|
6 June 2000 – 30 September 2008
|Preceded by||The Lord Browne-Wilkinson|
|Succeeded by||The Lord Phillips of Worth Matravers|
|Lord Chief Justice of England and Wales|
4 June 1996 – 6 June 2000
|Preceded by||The Lord Taylor of Gosforth|
|Succeeded by||The Lord Woolf|
|Master of the Rolls|
1 October 1992 – 4 June 1996
|Preceded by||The Lord Donaldson of Lymington|
|Succeeded by||The Lord Woolf|
|Born||13 October 1933|
|Died||11 September 2010(aged 76)|
|Children||Christopher; 1 other son; 1 daughter|
|Alma mater||Balliol College, Oxford|
Thomas Henry Bingham, Baron Bingham of Cornhill, KG PC QC FBA (13 October 1933 – 11 September 2010) was a British judge and jurist. He served in the highest judicial offices of the United Kingdom as Master of the Rolls, Lord Chief Justice and as Senior Law Lord before his retirement, when he focused his work as a teacher and lecturer in human rights law. He died of cancer at the age of 76.
Early life and career
Bingham was born in London on 13 October 1933. His parents practised as doctors in Reigate, Surrey. His father was an Ulster Presbyterian. Tom Bingham was educated at the Cumbrian public school Sedbergh School (Winder House), where he was described as the "brightest boy in a hundred years". He did national service as a Second Lieutenant in the Royal Ulster Rifles from 1952 to 1954. He was awarded a Gibbs scholarship to read modern history at Balliol College, Oxford where he graduated with a First. After graduation he read for the bar as Eldon Law Scholar and came top of bar finals in 1959. He was called to the Bar by Gray's Inn and was taken on as a barrister at the chambers of Leslie Scarman at 2 Crown Office Row, which later moved to Fountain Court Chambers. He married Elizabeth Loxley in 1963; they had one daughter and two sons.
Bingham took silk, becoming a Queen's Counsel in 1972 aged just 38, having been standing junior counsel to the Department of Employment for four years from 1968. In 1977, when still at the Bar, he rose to public attention when he was appointed by then Foreign Secretary David Owen to head an inquiry into alleged breaches of UN sanctions by Oil Companies in Southern Rhodesia. He was appointed a Recorder in 1975 and as a High Court judge in the Queen’s Bench Division in 1980; he was assigned to the Commercial Court.
Senior judicial career
Bingham became Master of the Rolls in 1992 initiating significant reforms, including a move towards the replacement of certain oral hearings in major civil cases and he was the first senior judge to back incorporation into English law of the European Convention on Human Rights – which came about with the passing of the Human Rights Act 1998. Bingham was appointed Lord Chief Justice of England and Wales in 1996. In England and Wales, he was the highest-ranking judge in regular courtroom service; he was personally responsible for adding "and Wales" to the office's title.
He was created a life peer as Baron Bingham of Cornhill, of Boughrood in the County of Powys on 4 June 1996, when he moved to the House of Lords. He was succeeded as Lord Chief Justice by Lord Woolf in 2000, who had likewise succeeded him in 1996 as Master of the Rolls. In this year, he was the appointed Senior Law Lord.
He was a strong advocate for divorcing the judicial branch of the House of Lords from Parliament by setting up a new Supreme Court of the United Kingdom, which was accomplished under the Constitutional Reform Act 2005. The title of the office he then held has become "the President of the Supreme Court" since that court came into operation in October 2009, but Bingham retired in July 2008. He said that he was "very sorry" not to become the first President.
In 2005, he was appointed a Knight of the Garter, an honour in the personal gift of the Queen and one only rarely conferred on judges (Sir Ninian Stephen – a current holder – was previously a Justice of the High Court of Australia and Lord Hailsham of St Marylebone, Lord Chancellor in the periods 1970–74 and 1979–87, was a previous holder). He received the title along with Lady Soames and John Major. Additionally, he was the President and Chairman of the British Institute of International and Comparative Law, which established the Bingham Centre for the Rule of Law in his honour in 2010.
On Thursday 16 November 2006, Bingham delivered the sixth annual Sir David Williams lecture hosted by the Centre for Public Law at the Faculty of Law, University of Cambridge. The Lecture was entitled "The Rule of Law".
On 17 January 2008, Bingham presented the annual Hansard Lecture at the University of Southampton.
On 14 March 2008, Bingham received the Doctor of Jurisprudence degree honoris causa from the University of Rome III, delivering a Lectio Magistralis at the Faculty of Law entitled "The Rule of Law".
From 2001 to 2008, Bingham held the office of High Steward of the University of Oxford, the second highest office in the academic hierarchy, and in 2003 he came second to Chris Patten in the election of the Chancellor. Bingham was also the Visitor of Balliol College, Oxford from 1986 to 2010.
In 2009 he delivered the annual Jan Grodecki lecture at the University of Leicester entitled 'The House of Lords: Its Future' 
Views on the legality of the 2003 invasion and occupation of Iraq by the US and the UK
On 17 November 2008, in his first major speech since his retirement as the senior law lord, Bingham, addressing the British Institute of International and Comparative Law, disputed the legality of the 2003 invasion of Iraq by the US, the UK and other countries. He said that the invasion and occupation of Iraq was "a serious violation of international law", and he accused Britain and the US of acting like a "world vigilante".
Interview on the Rule of Law
In June 2009, Bingham was interviewed by legal commentator Joshua Rozenberg on the subject of the rule of law in international affairs. The interview was conducted to raise awareness of the Bingham Centre for the Rule of Law at the British Institute of International and Comparative Law. Bingham's thoughts on this subject, in particular the banning of certain weapons in international conflict, were covered by newspapers The Independent (Top judge: 'use of drones intolerable') and the Daily Telegraph (Unmanned drones could be banned, says senior judge ). Bingham gave another interview on the Rule of Law and matters pertaining to the British constitution with the charity, the Constitution Society.
- High Court
- Bank of Tokyo Ltd v Karoon  AC 45n, piercing the corporate veil
- Court of Appeal
- Attia v British Gas Plc  QB 304, expanding the scope of psychiatric injury to relate to property
- Al-Kandari v JR Brown & Co  QB 665, no duty of care owed by a solicitor to the client's adversary
- R v Secretary of State, ex parte Factortame Ltd (No 1) (22 March 1989) part of the Factortame saga establishing the principle of EU law supremacy where the UK has delegated sovereignty under the treaties
- Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd  QB 433, the more onerous a contractual term the more candid notice must be to qualify as reasonable
- The Aramis  1 Lloyd’s Rep 213, the test for an implied contractual obligation is that it is necessary to reflect the business parties' expectations
- Blackpool & Fylde Aero Club v Blackpool Borough Council  1 WLR 1195, an implied contractual duty to consider tender offers arose on the facts to reflect the intentions objectively manifested by the parties
- Court of Appeal (as the Master of the Rolls)
- Caparo Industries plc v Dickman  2 AC 605, the leading tort case on the duty of care
- Hyundai Merchant Marine Co Ltd v Gesuri Chartering Co Ltd or The Peonia  1 Lloyd’s Rep 100, damages for late delivery of shipping goods are the difference between the market and the charter rate
- Pitt v PHH Asset Management Ltd  1 WLR 327, lockout agreements are enforceable
- Ex Parte Unilever, an administrative law case concerning judicial review stating "the categories of unfairness are not closed, and precedent should act as a guide not a cage"
- White Arrow Express Ltd v Lamey’s Distribution Ltd  Trading Law Reports 69, remarks on non-pecuniary losses
- House of Lords
- Lubbe v Cape Plc  1 WLR 1545, conflict of laws and sidestepping the corporate veil for tort victims
- Reynolds v Times Newspapers Ltd  2 AC 127, qualified privilege
- Director General of Fair Trading v First National Bank plc  UKHL 52, test of good faith in unfair contract term cases (not breached here)
- Dextra Bank & Trust Company Limited v Bank of Jamaica  UKPC 50
- Fairchild v Glenhaven Funeral Services Ltd  UKHL 22, material increase in risk test of causation for victims of asbestos related torts
- Transco plc v Stockport Metropolitan Borough Council  UKHL 61, the firm affirmation of Rylands v Fletcher strict liability for nuisance in English law
- HIH Casualty and General Insurance Ltd v Chase Manhattan Bank  UKHL 6, exclusion of liability for fraudulent misrepresentation in English law
- R v G  UKHL 50, abolishing Caldwell recklessness
- Chester v Afshar  UKHL 41, a patient's right to be fully informed about the risks involved in a medical procedure
- A and others v Secretary of State for the Home Department  UKHL 56, illegality of indefinite detention
- Doe v Secretary of State for the Home Department  UKHL 26, freedom of conscience
- R v Wang  1 WLR 661,  UKHL 9,  1 All ER 782,  20 million App R 8, 'there are no circumstances in which a judge is entitled to direct a jury to return a verdict of guilty'
- Jackson v Attorney General  UKHL 56, challenge to the fox hunting ban using the Parliament Acts 1911 and 1949
- R (Begum) v Governors of Denbigh High School  UKHL 15, no right to wear any religious dress regardless of a well consulted school uniform policy
- Kay v Lambeth London Borough Council (2006), on evictions
- Golden Strait Corporation v Nippon Yusen Kubishka Kaisha  UKHL 12, measure of damages for breach of contract
- R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)  UKHL 61
- R v Davis  UKHL 36, anonymity of witness evidence
- Sands, Philippe (11 September 2010). "Lord Bingham of Cornhill obituary". The Guardian (London). Retrieved 2010-09-21.
- The London Gazette: . 7 June 1996.
- Gibb, Frances (20 November 2007). "Human rights in the bus queue". The Times (London). Retrieved 25 May 2010.
- The London Gazette: . 25 April 2005.
- Verkaik, Robert; Editor, Legal (6 July 2009). "Top judge: 'use of drones intolerable'". The Independent (London). Retrieved 25 May 2010.
- Wardrop, Murray (6 July 2009). "Unmanned drones could be banned, says senior judge". The Daily Telegraph (London). Retrieved 25 May 2010.
- Flood, Alison (17 May 2011). "Orwell Prize goes to Tom Bingham". The Guardian Blogs (London). Retrieved 18 May 2011.
- Iraq war 'violated rule of law BBC NEWS
- Tom Bingham interviewed by Alan Macfarlane 31st March 2009 (film)
- 'Notable judgements of Lord Bingham', Chambers Student Guide 2011
Lord Donaldson of Lymington
|Master of the Rolls
Lord Taylor of Gosforth
|Lord Chief Justice
|Senior Law Lord
Lord Phillips of Worth Matravers