Donald Nicholls, Baron Nicholls of Birkenhead
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|The Right Honourable
The Lord Nicholls of Birkenhead
|Second Senior Lord of Appeal in Ordinary|
1 October 2002 – 10 January 2007
|Preceded by||The Lord Slynn of Hadley|
|Succeeded by||The Lord Hoffmann|
|Lord of Appeal in Ordinary|
3 October 1994 – 10 January 2007
|Preceded by||The Lord Templeman|
|Succeeded by||The Lord Neuberger of Abbotsbury|
25 January 1933 |
|Alma mater||Liverpool University
Trinity Hall, Cambridge
Nicholls was educated at Birkenhead School, before reading Law at Liverpool University and Trinity Hall, Cambridge. He was called to the bar in 1958 as a member of the Middle Temple, becoming a Queen's Counsel in 1974. He was made a High Court judge on 30 September 1983, receiving the customary knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council. He became Vice-Chancellor of the Supreme Court on 1 October 1991. He was appointed a Lord of Appeal in Ordinary on 3 October 1994 and consequently created a life peer as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey.
In 1998, Nicholls and the other Law Lords came to the international fore in deciding whether Augusto Pinochet could be extradited to Spain. Three lords, including Nicholls, rejected the argument that Pinochet was immune from arrest and prosecution for his acts as Head of State in Chile. They said the State Immunity Act 1978 flouted a battery of international legislation on human rights abuses to which Britain is a signatory, and secondly, it would have meant endorsing the arguments of Pinochet's legal team that British law would have protected even Adolf Hitler. Nicholls said,
|“||International law has made plain that certain types of conduct, including torture and hostage-taking, are not acceptable conduct on the part of anyone. This applies as much to heads of state, or even more so, as it does to everyone else. The contrary conclusion would make a mockery of international law."||”|
- Harries v The Church Commissioners for England  1 WLR 1241
- Royal Brunei Airlines Sdn Bhd v Tan  2 AC 378
- Attorney General v Blake  1 AC 268
- White v White  1 AC 596
- Reynolds v Times Newspapers Ltd  2 AC 127
- Fairchild v Glenhaven Funeral Services Ltd  UKHL 22
- Shogun Finance Ltd v Hudson  UKHL 62
- Tomlinson v Congleton Borough Council  UKHL 47
- Wilson v First County Trust Ltd  UKHL 40
- Campbell v Mirror Group Newspapers Ltd  UKHL 22
- A and others v Secretary of State for the Home Department  UKHL 56
- Archibald v Fife Council  UKHL 32
- Ghaidan v Godin-Mendoza  2 AC 557
- Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd  UKHL 44
- National Westminster Bank plc v Spectrum Plus Ltd  UKHL 41
- Gregg v Scott  UKHL 2
- Jackson v Royal Bank of Scotland  UKHL 3
- Jackson v Attorney General  UKHL 56
- R (Begum) v Governors of Denbigh High School  UKHL 15
- R v Saik  UKHL 18
- OBG Ltd v Allan  UKHL 21
- Lord Nicholls, 'Trustees and their broader community: where duty, morality and ethics converge’ (1995) 9(3) Trusts Law International 71
- "Birthday's today". The Telegraph. 25 January 2012. Retrieved 29 April 2014.
Lord Nicholls of Birkenhead, a former Lord of Appeal in Ordinary, 79
- The London Gazette: . 5 October 1983.
- The London Gazette: . 13 February 1986.
- The London Gazette: . 4 October 1991.
- The London Gazette: . 6 October 1994.
- The London Gazette: . 4 October 2002. Retrieved 22 February 2015.
- 'Hong Kong Court of Final Appeal - Former Judges - The Right Honourable The Lord NICHOLLS of Birkenhead' <http://www.hkcfa.hk/en/about/who/judges/former/index_id_38.html> accessed 3 June 2016
Sir Nicolas Browne-Wilkinson
Sir Richard Scott