David Hope, Baron Hope of Craighead
|The Right Honourable
The Lord Hope of Craighead
KT PC FRSE
|Convenor of the Crossbench Peers|
28 September 2015
|Preceded by||The Lord Laming|
|Deputy President of the
Supreme Court of the United Kingdom
1 October 2009 – 26 June 2013
|Preceded by||Position created|
|Succeeded by||The Baroness Hale of Richmond|
|Second Senior Lord of Appeal in Ordinary|
21 April 2009 – 1 October 2009
|Preceded by||The Lord Hoffmann|
|Succeeded by||Position abolished|
|Lord of Appeal in Ordinary|
1 October 1996 – 1 October 2009
|Preceded by||The Lord Keith of Kinkel|
|Succeeded by||Position abolished|
|Lord Justice General
Lord President of the Court of Session
|Preceded by||The Lord Emslie|
|Succeeded by||The Lord Rodger of Earlsferry|
|Chancellor of the University of Strathclyde|
|Deputy||Sir Jim McDonald|
|Succeeded by||The Lord Smith of Kelvin|
|Born||James Arthur David Hope
27 June 1938
|Spouse(s)||Katharine Mary Kerr|
|Alma mater||St John's College, Cambridge;
University of Edinburgh
|Years of service||1957–59|
James Arthur David Hope, Baron Hope of Craighead, KT, PC, FRSE (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously been the Second Senior Lord of Appeal in Ordinary. In 2015, he became the Convenor of the Crossbench peers in the House of Lords.
Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (née Collie), and educated at Edinburgh Academy and Rugby School. After National Service as an officer with the Seaforth Highlanders between 1957 and 1959, rising to lieutenant, In 1959 he commenced his studies as an Open Scholar at St John's College, Cambridge where he read Classics. He graduated with a B.A. degree in 1962. He then returned to Scotland and studied at the Faculty of Law of the University of Edinburgh, graduating LL.B. in 1965.
Hope was admitted as an advocate in 1965 and became a Queen's Counsel in 1978. He served as Standing Junior Counsel in Scotland to the Board of the Inland Revenue from 1974 to 1978, and as an Advocate Depute from 1978 to 1982, prosecuting cases on behalf of the Crown. Between 1985 and 1986, he was Chairman of the Medical Appeal Tribunal and the Pensions Appeal Tribunal, and from 1986 to 1989 was Dean of the Faculty of Advocates.
The Bench and later public life
In 1989, Hope became a Senator of the College of Justice, taking the judicial title, Lord Hope, and was appointed directly to the offices of Lord President of the Court of Session and Lord Justice General, Scotland's highest judge. He was made a Privy Counsellor at this time, and was awarded a Life peerage in the 1995 New Year Honours, his title being gazetted as Baron Hope of Craighead, of Bamff in the District of Perth and Kinross on 28 February 1995. In 1996, The Lord Hope of Craighead retired as Lord President to become a Lord of Appeal in Ordinary, and was succeeded by The Lord Rodger of Earlsferry. On 21 April 2009, he was appointed Second Senior Law Lord, succeeding Lord Hoffmann. On 1 October 2009, Hope became one of the first Justices of the Supreme Court of the United Kingdom, and its first Deputy President. He retired from that position on 26 June 2013.
In November 2014 it was announced that Lord Hope would be appointed as Lord High Commissioner to the General Assembly of the Church of Scotland in 2015.
The Lord Hope of Craighead has been Chancellor of the University of Strathclyde since 1998, and was appointed a Fellow in 2000. He stepped down as Chancellor in October 2013. He was awarded an honorary LL.D. by the University in 1993, and by the University of Aberdeen in 1991 and the University of Edinburgh in 1995. In 2007, he was awarded the David Kelbie Award by the Institute of Contemporary Scotland. He was formerly an Honorary Professor of Law at the University of Aberdeen, and is an honorary member of the Canadian Bar Association (1987) and of The Society of Legal Scholars (1991), an Honorary Fellow of the American College of Trial Lawyers (2000), and an Honorary Bencher of Gray’s Inn (1989) and of the Inn of Court of Northern Ireland (1995). He is also, as of 2008, the Honorary President of the Edinburgh Student Law Review.
On St Andrew's Day, 30 November 2009, Lord Hope was appointed to the Order of the Thistle by Queen Elizabeth II. The Order of the Thistle is the highest chivalric honour in Scotland. In the UK as a whole it is second only to the Order of the Garter amongst chivalric orders. The order honours Scottish men and women who have held public office or who have contributed in some way to national life.
As Deputy President of the Supreme Court
- R (E) v Jewish Free School  UKSC 1 - discrimination in school admissions on religious grounds
- R (L) v Commissioner of Police of the Metropolis  UKSC 3 - criminal records checks and right to respect for private and family life
- BA (Nigeria) v Secretary of State  UKSC 7 - right of appeal against deportation orders
- Gisda Cyf v Barratt  UKSC 41 - employment contracts as against general contracts
- Cadder v HM Advocate  UKSC 43 - police detention of suspects
- HJ and HT v Home Secretary  UKSC 31 - homosexuality in asylum claims
- HM Treasury v Ahmed  UKSC 2 - strikes Treasury Orders related to UNSC 1267 Committee
- Jones v Kaney  UKSC 13 - immunity from suit of expert witnesses
- Fraser v HM Advocate  UKSC 24 - role of the UK Supreme Court in Scots criminal law
As Lord of Appeal in Ordinary
- R v Woollin  1 AC 82 - indirect intention
- Lubbe v Cape Plc  1 WLR 1545 - tortious liability of shareholders
- Bruton v London and Quadrant Housing Trust  1 AC 406 - rights of landlords and tenants
- White v White  1 AC 596 - distribution of property on divorce
- DGFT v First National Bank plc  UKHL 52 - unfair contractual terms and the construction of unreviewable core terms
- Wilson v First County Trust Ltd (No 2)  UKHL 40 - impact of the Consumer Credit Act 1974 on pawnshop dealers' human rights
- Campbell v Mirror Group Newspapers Ltd  UKHL 22 - right to privacy and confidentiality
- Chester v Afshar  UKHL 41 - patients' right to give fully informed consent
- Archibald v Fife Council  UKHL 32 - reasonable adjustments for the disabled
- Jackson v Royal Bank of Scotland  UKHL 3 - remoteness
- Re Spectrum Plus Ltd  UKHL 41 - definition of "floating charge"
- Jackson v Attorney General  UKHL 56 - fox hunting ban
- J & H Ritchie Ltd v Lloyd Ltd  UKHL 9 - Sale of Goods Act 1979, section 35 and measure of damages for poor quality after repair
- Stack v Dowden  UKHL 17 - beneficial interest in the family home on divorce
- The Achilleas  UKHL 48 - remoteness
- Austin v Commissioner of Police of the Metropolis  UKHL 5 - kettling of protestors
- Chartbrook Ltd v Persimmon Homes Ltd  UKHL 38 - influence of pre-contractual negotiations on construction
As Lord President
As Lord Justice General
- A&C Black (December 2008). "HOPE OF CRAIGHEAD, Baron". Who's Who online edition. Oxford University Press. Retrieved 2009-06-02.
- "No. 41216". The London Gazette (Supplement). 1 November 1957. p. 6400.
- "No. 41798". The London Gazette (Supplement). 21 August 1959. p. 5357.
- "No. 47612". The London Gazette. 8 August 1978. p. 9503.
- "No. 53893". The London Gazette. 30 December 1994. p. 1.
- "No. 53972". The London Gazette. 3 March 1995. p. 3449.
- "No. 54543". The London Gazette. 4 October 1996. p. 13211.
- "No. 59045". The London Gazette. 21 April 2009. p. 1.
- Queen Appoints senior judge as Lord High Commissioner to the General Assembly.
- "Lord Smith of Kelvin appointed University of Strathclyde Chancellor" (Press release). University of Strathclyde. 3 May 2013. Retrieved 10 May 2013.
- "No. 59258". The London Gazette. 1 December 2009. p. 20801.
- "Announcement of new appointments to the Order of the Thistle, 29 November 2009". Royal Household of the United Kingdom. 29 November 2009. Retrieved 1 December 2009.
- supremecourt.uk: HM Treasury v Ahmad, etc, 27 Jan 2010
The Lord Emslie
|Lord Justice General and Lord President of the Court of Session
The Lord Rodger of Earlsferry
The Lord Jauncey of Tullichettle
|Lord of Appeal in Ordinary
The Lord Hoffmann
|Second Senior Law Lord
|New creation||Deputy President of the Supreme Court of the United Kingdom
The Baroness Hale of Richmond
The Lord Laming
|Convenor of the Crossbench Peers