Advocates remember the 'greatest jurist of our time'

13 Sept 2010|News|Add your comment

Lawyers have reacted with sadness to the death this weekend of Lord Bingham, described today by Lord Hope, the deputy president of the Supreme Court, as the "greatest jurist of our time".

Lord Bingham spoke out strongly in favour of giving rights of audience to solicitors and was a decisive influence in the creation of a separate Supreme Court.

He was Master of the Rolls from 1992 to 1996 and Lord Chief Justice from 1996 to 2000, before becoming the senior law lord.

Geoffrey Williams QC, a solicitor advocate, remembered the first time he appeared before Lord Bingham. As Master of the Rolls, Sir Thomas Bingham heard appeals from solicitors unhappy with conditions imposed by the Law Society on their practising certificates.

Williams said despite the 'trepidation' involved in his first encounter, Sir Thomas was 'terribly informal' at the hearing, in chambers, at the High Court.

'He came down from the bench and sat at the associates' table. He was extremely courteous and had an incredible ability to get to the nub of a case.'

As Lord Chief Justice, Williams said Lord Bingham heard appeals from the SDT against the striking off or suspension of solicitors.

'Although I was gowned but not wigged and there was often a silk on the other side, I never felt I was at a disadvantage by being a solicitor,' Williams said. 'He was impeccable in that respect.

'He expected very high standards, but, if he got them, he was charm itself. He produced brilliant ex tempore judgments almost immediately.

'He took a strong line on solicitors' conduct. His own standards were extremely high and he expected those of solicitors to be the same. His judgment in Bolton [the leading case on misconduct] is an absolute classic.'

Rabinder Singh QC acted for JUSTICE and Liberty as interested parties in EM (Lebanon) v Home Secretary [2008] UKHL 64, Lord Bingham's last case at the House of Lords (see solicitorsjournal.com, 28 October 2008).

'With typical modesty, he treated it just like any other case,' Singh said. 'It was business as usual and he did not want any fuss to be made of the fact it was his last case.'

Singh, who appeared many times before Lord Bingham as senior law lord, said the first thing he noticed was how efficiently he ran the court.

'He was courteous, but you had to get a move on, especially in the oral submissions. He was very fast himself and he expected other people to express themselves succinctly.

'This was a good discipline for me. I tend to be concise in my submissions and he appreciated that. He was a model of fairness and courtesy. You always felt you had a fair hearing.

'There were times when it was almost like being in a seminar. He had such a powerful intellect that when he was interested in something he would relax and sit back a little. Quite often there were opportunities to have an interesting discussion and that was a real privilege.'

Singh said Lord Bingham, who studied history at Balliol College, Oxford, found time to produce 'erudite' lectures on subjects such as slavery and the common law.

'Sometimes he would invite you to talk about legal history, and then he would not rush you,' Singh said. 'It is incredible he found time to do his own research.

'He was aware that he had inherited a legacy, which it was important to keep and develop but he was not hidebound by tradition.

'He believed that the Supreme Court should be understood by the public to be the Supreme Court of the whole country and not part of parliament. He was a strong supporter of a separate Supreme Court, in a separate building.'

Lord Hope, deputy president of the Supreme Court, said today: 'The debt we owe to Tom Bingham, the greatest jurist of our time, is immense and incalculable.

'It is to him, perhaps more than anyone else, that the Supreme Court itself owes its existence '“ something that he had long believed in and happily was realised during his lifetime.

'But his real legacy lies in the depth and quality of the many judgments that he delivered, especially during his eight years as the senior law lord. His energy, his unshakeable grasp of principle, the clarity and force of his language and his strong sense of history shone through everything that he said and wrote.

'It is a tragedy that someone who still had so much to give should have died so early after his retirement when at last he had the time and freedom to do what he wanted. Our deepest sympathy goes out to his wife and family at this very sad loss.'

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