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Kenneth Diplock, Baron Diplock

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Name
  
Kenneth Baron


Role
  
Judge

Died
  
October 14, 1985, London, United Kingdom

Education
  
University College, Oxford

Books
  
Judicial Control of Government

William John Kenneth Diplock, Baron Diplock, QC (8 December 1907 – 14 October 1985) was a British judge and Law Lord.

Contents

Early life

Born the son of an Irish solicitor, he attended Whitgift School and University College, Oxford, where he read chemistry and was later to become an Honorary Fellow. His father was Herbert Diplock and his mother was Christine Brooke.

Career

Diplock was called to the Bar by the Middle Temple in 1932 and made a King's Counsel (KC) in 1948. In 1956, he was appointed to the High Court.

He became a Lord of Appeal in Ordinary (Law Lord) in 1968 and was elevated as a life peer with the title Baron Diplock, of Wansford in the County of Huntingdonshire to the House of Lords.

As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against terrorism in Northern Ireland, which led to the establishment of the juryless Diplock courts with which his name is now associated.

At the time of his death, Lord Diplock was the longest serving Law Lord.

He made many contributions to legal thought and pushed the law in new and unique directions.

The current typology of grounds for judicial review is owing to Lord Diplock.

  • Procedural impropriety
  • Nemo judex (Bias rule)
  • Audi alteram partem (Hearing rule)
  • Illegality
  • Ultra vires
  • Simple ultra vires
  • Extended ultra vires
  • Procedural ultra vires
  • Fettering
  • Irrationality
  • Wednesbury irrationality
  • Lack of proportionality
  • Innominate Terms
  • Primary and Secondary Obligations
  • Notable judgments

  • Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26
  • Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd [1986] AC 207
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Whitehouse v Lemon; Whitehouse v Gay News Ltd [1979] 2 WLR 281
  • O'Reilly v Mackman [1983] 2 AC 237
  • American Cyanamid Co v Ethicon Ltd [1975] A.C.396 HL
  • Catnic Components Ltd v Hill & Smith Ltd (1982)
  • References

    Kenneth Diplock, Baron Diplock Wikipedia