Tom Bingham, Baron Bingham of Cornhill

{{Short description|British judge (1933–2010)}} {{redirect|Lord Bingham|other people known by that title|Lord Bingham (disambiguation)}} {{Use British English|date=January 2015}} {{Use dmy dates|date=November 2021}} {{Infobox officeholder | honorific_prefix = [[The Right Honourable]] | name = The Lord Bingham {{nowrap|of Cornhill}} | honorific_suffix = {{post-nominals|country=GBR|size=100%|KG|PC|QC|FBA}} | image = Thomas Bingham, Baron Bingham of Cornhill.jpg | caption = Bingham in 2006 | office = [[Second Senior Law Lord|Senior Lord of Appeal in Ordinary]] | term_start = 6 June 2000 | term_end = 30 September 2008 | predecessor = [[Nick Browne-Wilkinson, Baron Browne-Wilkinson|The Lord Browne-Wilkinson]] | successor = [[The Lord Phillips of Worth Matravers]] | deputy = {{Unbulleted list |[[Gordon Slynn, Baron Slynn of Hadley|The Lord Slynn of Hadley]] |[[The Lord Nicholls of Birkenhead]] |[[The Lord Hoffmann]]}} | order2 = | office2 = [[Lord Chief Justice of England and Wales]] | term_start2 = 4 June 1996 | term_end2 = 6 June 2000 | nominator2 = [[James Mackay, Baron Mackay of Clashfern|Lord Mackay]] | appointer2 = [[Elizabeth II]] | predecessor2 = [[Peter Taylor, Baron Taylor of Gosforth|The Lord Taylor of Gosforth]] | successor2 = [[The Lord Woolf]] | office3 = [[Master of the Rolls]] | term_start3 = 1 October 1992 | term_end3 = 4 June 1996 | predecessor3 = [[John Donaldson, Baron Donaldson of Lymington|The Lord Donaldson of Lymington]] | successor3 = [[The Lord Woolf]] | office4 = Member of the [[House of Lords]] | status4 = [[Lord Temporal]] | term_label4 = [[Life peer]]age | term_start4 = 4 June 1996 | term_end4 = 11 September 2010 | birth_date = {{birth date|1933|10|13|df=y}} | birth_place = [[Marylebone]], [[London]], England | death_date = {{death date and age|2010|9|11|1933|10|13|df=y}} | death_place = [[Boughrood]], [[Powys]], UK | resting_place = | spouse = Elizabeth Loxley (Lady Bingham of Cornhill) | relations = | children = {{Unbulleted list | [[Kate Bingham]] |Harry Bingham |Kit Bingham}} | alma_mater = [[Balliol College, Oxford]] | website = }} '''Thomas Henry Bingham, Baron Bingham of Cornhill''' (13 October 1933{{snd}}11 September 2010) was a British judge who was successively [[Master of the Rolls]], [[Lord Chief Justice]] and [[Senior Law Lord]]. On his death in 2010, he was described as the greatest judge of his generation.<ref>{{cite web |last=Maev |first=Kennedy |date=12 September 2010 |title=Tributes to Lord Bingham, 'the greatest judge of our time' |url=https://www.theguardian.com/law/2010/sep/12/tributes-lord-bingham-judge-dies |url-status=live |archive-url=https://web.archive.org/web/20140307232456/http://www.theguardian.com/law/2010/sep/12/tributes-lord-bingham-judge-dies |archive-date=2014-03-07 |access-date=2018-01-10 |website=[[The Guardian]]}}</ref> [[Baroness Hale of Richmond]] observed that his pioneering role in the formation of the [[United Kingdom Supreme Court]] may be his most important and long-lasting legacy.<ref name="Andenas 209">Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) p 209.</ref> [[The Lord Phillips of Worth Matravers]] regarded Bingham as "one of the two great legal figures of my lifetime in the law" (the other figure, in context, being [[Lord Denning]]).<ref name="Andenas 47">Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) xlvii.</ref> [[David Hope, Baron Hope of Craighead|Lord Hope of Craighead]] described Bingham as "the greatest jurist of our time".<ref>{{cite web|url=https://www.graysinnbanqueting.co.uk/our-rooms/the-bingham-room/ |title=The Bingham Room |website=graysinnbanqueting.co.uk |access-date=2019-08-16}}</ref>

After retiring from the judiciary in 2008, Bingham focused on teaching, writing, and lecturing on legal subjects, particularly the law of [[human rights law|human rights]]. His book, ''The Rule of Law'', was published in 2010 and he was posthumously awarded the 2011 [[Orwell Prize]] for literature. The British Institute of International and Comparative Law named the Bingham Centre for the Rule of Law in his honour.

==Early life== Bingham was born at [[Marylebone]] in London. His parents, Thomas Henry (1901–1981) and Catherine Bingham (''née'' Watterson; 1903–1989), practised as [[General practitioner|doctor]]s in [[Reigate]], [[Surrey]]. His father was born in [[Belfast]],<ref>{{cite web|url=http://www.census.nationalarchives.ie/reels/nai002155101/ |title=Census of Ireland, 1911 |website=Census.nationalarchives.ie |access-date=2016-03-30}}</ref> a kinsman of the [[Earls of Lucan]];{{citation needed|date=June 2021}} his mother was from [[California]] before being raised on the [[Isle of Man]].

He was educated at The Hawthorns prep school at [[Bletchingley]], [[Surrey]], where he was Head Boy, and then from 1947 the Cumbrian public school [[Sedbergh School]] (Winder House), where he was described as the "brightest boy in 100 years". He enjoyed history, took up [[fell-walking]], and developed a strong attachment to the [[Church of England]]; he was a Head of House and a School Prefect. He won an open scholarship to [[Balliol College, Oxford]], first undertaking [[National Service]] from 1952 to 1954, as a [[second lieutenant]] in the [[Royal Ulster Rifles]] serving in Hong Kong. He enjoyed his time in the [[British Army|Army]] and considered pursuing a military career before opting to serve in the [[Territorial Army (United Kingdom)|Territorial Army]] for the next five years.<ref>{{cite web|url=https://www.theguardian.com/law/2010/sep/11/lord-bingham-of-cornhill-Obituary |title=Lord Bingham of Cornhill obituary | Law | the Guardian |website=[[TheGuardian.com]] |access-date=29 March 2016 |url-status=dead |archive-url=https://web.archive.org/web/20160307063441/http://www.theguardian.com/law/2010/sep/11/lord-bingham-of-cornhill-obituary |archive-date=7 March 2016 }}</ref>

He went up to Oxford in 1954 and initially read [[Philosophy, Politics, and Economics]], but after two terms switched to [[History]]. He was awarded one of the first William Coolidge Pathfinder Awards<ref name="balliol.ox.ac.uk/pathfinders-awards">{{cite web |title=William Westerman Pathfinders awards to North America |url=https://www.balliol.ox.ac.uk/current-members/financial-support/william-westerman-pathfinders-awards |website=[[Balliol College]], [[University of Oxford]] |access-date=28 March 2023 |archive-url=https://web.archive.org/web/20230103133825/https://www.balliol.ox.ac.uk/current-members/financial-support/william-westerman-pathfinders-awards |archive-date=3 January 2023 |language=en |quote=The original Pathfinders programme at Balliol was started in 1955 by [[Bill Coolidge]] (Balliol 1924).}}</ref><ref name="isbn-9780199566181">{{cite book |editor1-last=Andenas |editor1-first=Mads |editor2-last=Fairgrieve |editor2-first=Duncan |title=Tom Bingham and the transformation of the law : a liber amicorum |date=2009 |publisher=[[Oxford University Press]] |location=Oxford |isbn=9780199566181 |url=https://academic.oup.com/book/8869/chapter-abstract/155097239 |access-date=28 March 2023 |chapter=A Biographical Sketch: The Early Years}}</ref> and spent the summer of 1955 in the US. He entered [[Gray's Inn]] during his second year at [[Oxford University|Oxford]], with a view to becoming a [[barrister]].<ref>{{cite web|url=http://www.graysinnbanqueting.co.uk/our-rooms/the-bingham-room |title=Gray's Inn Banqueting | The Bingham Room |website=Graysinnbanqueting.co.uk |date=2010-09-11 |access-date=2016-03-30}}</ref> He was elected President of [[Balliol College, Oxford|Balliol]] [[Junior Common Room]] in his third year. He won the Gibbs Prize for Modern History in 1957 and was awarded first-class honours in finals. He also tried, unsuccessfully, for fellowship by examination at [[All Souls College]]. After graduation, he read for [[Bar (law)|the Bar]] as [[Eldon Law Scholarship|Eldon Law Scholar]] and achieved a Certificate of Honour, coming top of Bar finals in 1959.<ref>{{cite web|url=https://www.law.ox.ac.uk/admissions/scholarships/further-funding-studying-career-bar/eldon-scholarship-award-holders-1919 |title=Eldon Scholarship Award Holders since 1919 | Oxford Law Faculty |website=Law.ox.ac.uk |access-date=2016-03-30}}</ref>

In 1963, he married Elizabeth Loxley, a [[Somerville College, Oxford|Somerville]] graduate whose great-uncle was [[Gerald Loxley|Major Gerald Loxley]],<ref>{{cite book|editor-last=Mosley|editor-first=Charles |title=[[Burke's Peerage|Burke's Peerage & Baronetage, 107th edn]]|location=London, UK|publisher=Burke's Peerage & Gentry Ltd|page=376 (BINGHAM OF CORNHILL, LP)|date=2003|isbn=0-9711966-2-1}}</ref> of the Loxley family of [[Northchurch|Northcott Court, Hertfordshire]];<ref>[https://historicengland.org.uk/listing/the-list/list-entry/1430116 www.historicengland.org.uk]</ref> they had one daughter Catherine Elizabeth (born 1965), known as [[Kate Bingham|Kate]], and two sons Thomas Henry (Harry, born 1967) and Christopher Toby (Kit, born 1969).<ref>[https://www.burkespeerage.com/new_records.php?record=BINGHAM%20OF%20CORNHILL www.burkespeerage.com]</ref> Kate has been married since 1992 to [[Jesse Norman]], then a Conservative government minister.<ref>{{cite web |url=http://moreintelligentlife.com/content/lifestyle/mr-justice |title=Mr Justice | 1843 |website=Moreintelligentlife.com |date=2012-07-11 |access-date=2016-03-30 |archive-date=16 October 2014 |archive-url=https://web.archive.org/web/20141016044954/http://moreintelligentlife.com/content/lifestyle/mr-justice |url-status=dead }}</ref><ref>[http://www.jessenorman.com/2012/06/remembering-tom-a-portrait-of-lord-bingham.html Profile: Dr Jesse Norman MP], Jessenorman.com; accessed 28 March 2016.</ref>

In 1965, Bingham and his wife Elizabeth acquired a cottage at Cornhill, near [[Boughrood]] in [[Powys]]; he died there in 2010.<ref>{{cite news|last=Childs |first=Martin |url=https://www.independent.co.uk/news/obituaries/lord-bingham-of-cornhill-lawyer-who-fought-for-judicial-independence-and-was-widely-recognised-as-2078393.html |archive-url=https://ghostarchive.org/archive/20220621/https://www.independent.co.uk/news/obituaries/lord-bingham-of-cornhill-lawyer-who-fought-for-judicial-independence-and-was-widely-recognised-as-2078393.html |archive-date=21 June 2022 |url-access=subscription |url-status=live |title=Lord Bingham of Cornhill: Lawyer who fought for judicial independence and was widely recognised as the greatest judge of his time | Obituaries | News |newspaper=[[The Independent]] |access-date=2016-03-30}}</ref>

==Early career== Bingham was [[called to the Bar]] by Gray's Inn, and was a pupil barrister under Judge [[Owen Stable]] QC<ref>[https://www.fountaincourt.co.uk/judge-owen-stable-qc-1923-2019/ www.fountaincourt.co.uk]</ref> in the chambers of [[Leslie Scarman]] at 2 Crown Office Row, which later moved to [[Fountain Court Chambers]]: within a few months, he was invited to become a [[Tenement (law)|tenant]] at the chambers. He took silk in 1972, becoming [[Queen's Counsel]] aged just 38 and the youngest that year, having served as [[Senior Counsel|Standing]] [[junior counsel|Counsel]] at the [[Department of Employment]] for four years from 1968. He was Counsel to the judicial inquiry into an [[Flixborough disaster|explosion at a chemical plant at Flixborough]] in 1974 which killed 28 people. In 1977, when still at the Bar, he rose to public attention when he was appointed by the then-Foreign Secretary [[David Owen|Dr. David Owen]] to head a public enquiry into alleged breaches of [[International sanctions|UN sanctions]] by oil companies in [[Rhodesia]].

He was appointed a [[recorder (judge)|Recorder]] in 1975, and became a [[Bencher]] of Gray's Inn in 1978. He was promoted to [[High Court judge (England and Wales)|High Court Judge]] of the [[Queen’s Bench Division]] in April 1980, aged 46, and assigned to the [[Commercial Court (England and Wales)|Commercial Court]], receiving the customary [[Knight Bachelor|knighthood]]. He was further promoted to the [[Court of Appeal of England and Wales|Court of Appeal]] in 1986, joining the [[Privy Council of the United Kingdom|Privy Council]]. In 1991, he led a high-profile inquiry into the collapse of the [[Bank of Credit and Commerce International]] (BCCI).<ref>{{cite news|title=Lord Bingham of Cornhill obituary|url=https://www.theguardian.com/law/2010/sep/11/lord-bingham-of-cornhill-obituary|access-date=21 September 2010|location=London, UK|work=The Guardian|first=Philippe|last=Sands|date=11 September 2010}}</ref>

==Senior judicial career== [[File:Middlesex Guildhall, Parliament Square - geograph.org.uk - 1229272.jpg|thumb|The [[Supreme Court of the United Kingdom]] in [[London]] the creation of which Bingham advocated before his retirement in 2008]] Bingham succeeded [[John Donaldson, Baron Donaldson of Lymington|Lord Donaldson]] as [[Master of the Rolls]] in 1992 and initiated significant reforms, including a move towards the replacement of certain oral hearings in major civil law cases. He was one of the first senior judges to give public support to incorporation of the [[European Convention on Human Rights]] into [[English law]], which ultimately came about with the passing of the [[Human Rights Act 1998]]. Bingham was appointed [[Lord Chief Justice of England and Wales]] in 1996, following [[Peter Taylor, Baron Taylor of Gosforth|Lord Taylor]]. In [[England and Wales]], he was the highest-ranking judge in regular courtroom service; he was personally responsible for adding "and Wales" to the title of the office. He was created a [[life peer]] as '''Baron Bingham of Cornhill''', of [[Boughrood]] in the County of [[Powys]], on 4 June 1996.<ref>{{London Gazette|issue=54419|date=7 June 1996|page=7803}}</ref> He continued as Lord Chief Justice until 2000 when he was appointed [[Senior Lord of Appeal in Ordinary|Senior Law Lord]]. This position had customarily been held by the longest-serving [[Law Lord]]. Bingham was followed in the office of [[Lord Chief Justice]] by [[Lord Woolf]], who had succeeded him as [[Master of the Rolls]] in 1996.

Bingham was a strong advocate of divorcing the judicial branch of the [[House of Lords]] from its legislative functions 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 held was redesignated as "President of the Supreme Court" upon that court's establishment in October 2009, after Bingham had retired in July 2008. He is understood to have been "very sorry" not to serve as its inaugural [[President of the Supreme Court of the United Kingdom|president]].<ref>{{Cite news|url=http://business.timesonline.co.uk/tol/business/law/article2901511.ece|archive-url=https://web.archive.org/web/20110612031447/http://business.timesonline.co.uk/tol/business/law/article2901511.ece|url-status=dead|archive-date=12 June 2011|work=The Times|location=London, UK|title=Human rights in the bus queue|first=Frances|last=Gibb|date=20 November 2007|access-date=25 May 2010}}</ref> He would reach the mandatory retirement age for British judges on turning 75 on 13 October 2008.

Bingham oversaw an increasing workload of constitutional affairs after [[Scottish devolution]], and human rights matters after the Human Rights Act came into force, and assembled the first nine-judge panels for important cases since 1910, including the ''[[A v Secretary of State for the Home Department|Belmarsh Case]]'' in December 2004 which reviewed the regime for indefinite detention of foreign nationals suspected of involvement in [[terrorism]] who could not be deported due to the risk of torture in their home countries, holding that the regimes might breach the [[Human Rights Act 1998|Human Rights Act]].

Bingham was one of two Law Lords to dissent from the decision to overturn the High Court and Court of Appeal decisions to quash an [[Order-in-Council]], dismissing all impediments to the rights of the [[Chagos Islanders]] to return home. Bingham also presided over various decisions of the [[Judicial Committee of the Privy Council]] upholding the finding that death penalties in [[Belize]], [[St Lucia]], [[St Kitts]] and the [[Bahamas]] were unconstitutional.<ref>{{cite web|url=http://www.belizelaw.org/web/supreme_court/judgements/Privy%20Council/Privy%20Council%20Appeal%20No.64%20of%202001-Patrick%20Reyes%20and%20The%20Queen.pdf |title=Patrick Reyes v. The Queen |website=Belizelaw.org |access-date=2016-03-30}}</ref>

==Honours== Bingham was awarded the [[honorary degree|degree]] of [[Doctor of Civil Law]] [[Honorary degree|''honoris causa'']] by the [[University of Oxford]] in 1994. From 2001 to 2008, Bingham held the office of [[High Steward (academia)|High Steward]] of the [[University of Oxford]], its second-highest office in the academic hierarchy, and in 2003 he came second to [[Chris Patten]] in the election for [[Chancellor (education)|Chancellor]]. Bingham served as the [[Visitor]] of [[Balliol College, Oxford]], from 1986 to 2010.

As Master of the Rolls, Bingham served on the [[The National Archives (United Kingdom)|Advisory Council on Public Records]], the [[Magna Carta Memorial|Magna Carta Trust]], and the [[Royal Commission on Historical Manuscripts]]. He was a Trustee of the [[Pilgrim Trust]] for 15 years and an [[Honorary Fellow]] of the [[British Academy]] from 2003. In 2005, he was advanced from [[Knight Bachelor]] to [[Order of the Garter|the Garter]],<ref>{{London Gazette|issue=57622|date=25 April 2005|page=5363}}</ref> an honour in the personal gift of the Sovereign and seldom bestowed upon [[judge]]s, being installed as a [[Knight of the Garter|Knight Companion of the Garter]] with [[Lady Soames]] and [[Sir John Major]]. He also served as president and chairman of the British Institute of International and Comparative Law, which established in 2010 the Bingham Centre for the Rule of Law in his honour.

On 16 November 2006, Bingham delivered the sixth annual Sir David Williams Lecture, hosted by the Centre for Public Law<ref>{{cite web|url=http://cpl.law.cam.ac.uk/ |title=Welcome to the Centre for Public Law | Centre for Public Law |website=Cpl.law.cam.ac.uk |access-date=2016-03-30}}</ref> at the Faculty of Law of the [[University of Cambridge]]; this lecture was entitled "The Rule of Law".<ref>{{cite web|url=http://cpl.law.cam.ac.uk/past_activities/the_rt_hon_lord_bingham_the_rule_of_law.php |title='The Rule of Law' - Centre for Public Law |access-date=17 November 2006 |url-status=dead |archive-url=https://web.archive.org/web/20070108092651/http://cpl.law.cam.ac.uk/past_activities/the_rt_hon_lord_bingham_the_rule_of_law.php |archive-date=8 January 2007 }}</ref> On 17 January 2008, Bingham presented the annual Hansard Lecture at the [[University of Southampton]]. On 14 March 2008, Bingham received the [[academic degree|degree]] of [[Doctor of Jurisprudence]] [[Honorary degree|''honoris causa'']] from the [[Roma Tre University|University of Rome III]], after delivering the ''Lectio Magistralis'' at the Faculty of Law entitled [http://www.uniroma3.it/news.php?news=896 "The Rule of Law"].

In 2009, Bingham became involved with [[Reprieve (organisation)|Reprieve]], a UK charity,<ref>[http://www.reprieve.org.uk/2008_11_14LordBinghamReprievesnewchair Reprieve (organisation) website], reprieve.org.uk, November 2008; accessed 29 March 2016.</ref> as well as delivering the fourth annual Jan Grodecki Lecture at the [[University of Leicester]], entitled ''The House of Lords: Its Future''.<ref>[http://www2.le.ac.uk/ebulletin/events/2000-2009/2009/oct/npevent.2009-09-23.5399888252?searchterm=bingham Jan Grodecki Lecture by Lord Bingham], le.ac.uk, 23 September 2009; accessed 29 March 2016.</ref>

==Retirement== Bingham remained active in retirement. On 17 November 2008, in his first major speech since retiring as Senior Law Lord, Bingham, addressing the British Institute of International and Comparative Law, disputed the legality of the [[2003 invasion of Iraq]] by the United States, the United Kingdom 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".

In June 2009, Bingham was interviewed by the British legal journalist [[Joshua Rozenberg]] on the subject of the rule of law in international affairs, an event arranged 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 banning of certain weapons in international conflict, were covered by various newspapers ''[[The Independent]]'' ("Top judge: ''use of drones intolerable''")<ref>{{Cite news| url=https://www.independent.co.uk/news/uk/home-news/top-judge-use-of-drones-intolerable-1732756.html |archive-url=https://ghostarchive.org/archive/20220621/https://www.independent.co.uk/news/uk/home-news/top-judge-use-of-drones-intolerable-1732756.html |archive-date=21 June 2022 |url-access=subscription |url-status=live|work=The Independent|location=London, UK|title=Top judge: 'use of drones intolerable'|first1=Robert|last1=Verkaik|first2=Legal|last2=Editor|date=6 July 2009|access-date=25 May 2010}}</ref> and ''The [[Daily Telegraph]]'' ("''Unmanned drones could be banned'', says senior judge").<ref>{{Cite news|url=https://www.telegraph.co.uk/news/newstopics/politics/defence/5755446/Unmanned-drones-could-be-banned-says-senior-judge.html|archive-url=https://web.archive.org/web/20090709073215/http://www.telegraph.co.uk/news/newstopics/politics/defence/5755446/Unmanned-drones-could-be-banned-says-senior-judge.html|url-status=dead|archive-date=9 July 2009|work=The Daily Telegraph|location=London, UK|title=Unmanned drones could be banned, says senior judge|first=Murray|last=Wardrop|date=6 July 2009|access-date=25 May 2010}}</ref> Bingham gave [https://www.youtube.com/watch?v=L69LJL4Qk5A another interview] concerning the rule of law and matters pertaining to the [[British constitutional law|"British Constitution"]] with the charity, the Constitution Society.<ref>[http://www.consoc.org.uk Constitution Society website], consoc.org.uk; accessed 28 March 2016.</ref>

His book, ''The Rule of Law'', was published by Allen Lane in 2010; it won the 2011 [[Orwell Prize]] for [[Literature]].<ref name="orwell">{{Cite news|url=https://www.theguardian.com/books/2011/may/17/orwell-prize-tom-bingham|work=The Guardian Blogs|location=London, UK|title=Orwell Prize goes to Tom Bingham|first1=Alison|last1=Flood|date=17 May 2011|access-date=18 May 2011}}</ref>

==Death== Diagnosed with [[lung cancer]] in 2009 (he was a non-smoker), Bingham died the following year, and is buried at St Cynog's Church at [[Boughrood]] in [[Powys]], Wales. His [[memorial service]] was held at [[Westminster Abbey]] on 25 May 2011 with the Adamant New Orleans Brass Band playing ''[[When the Saints Go Marching In]]''.

==Judgments== {{CourtsEnglandWales}} ;High Court *''[[Bank of Tokyo Ltd v Karoon]]'' [1987] AC 45n, piercing the corporate veil

;Court of Appeal *''[[Attia v British Gas Plc]]'' [1988] QB 304, expanding the scope of psychiatric injury to relate to property *''[[Al-Kandari v JR Brown & Co]]'' [1988] 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]]'' [1989] QB 433, the more onerous a contractual term the more candid notice must be to qualify as reasonable *''[[The Aramis]]'' [1989] 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]]'' [1990] 1 WLR 1195, an implied contractual duty to consider tender offers arose on the facts to reflect the intentions objectively manifested by the parties *''[[Caparo Industries plc v Dickman]]'' [1990] 2 AC 605, the leading tort case on the duty of care

;Court of Appeal (as the Master of the Rolls) *''[[Hyundai Merchant Marine Co Ltd v Gesuri Chartering Co Ltd]]'' or ''[[The Peonia]]'' [1991] 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]]'' [1994] 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]]'' [1996] Trading Law Reports 69, remarks on non-pecuniary losses

;House of Lords *''[[Lubbe v Cape Plc]]'' [2000] 1 WLR 1545, conflict of laws and sidestepping the corporate veil for tort victims *''[[Reynolds v Times Newspapers Ltd]]'' [2001] 2 AC 127, qualified privilege *''[[Director General of Fair Trading v First National Bank plc]]'' [2001] [https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/fair-1.htm UKHL 52], test of good faith in unfair contract term cases (not breached here) *''[[Dextra Bank & Trust Company Limited v Bank of Jamaica]]'' [2002] [http://www.bailii.org/uk/cases/UKPC/2001/50.html UKPC 50] *''[[Johnson v Gore Wood & Co]]'' [2002] 2 AC 1, on [[reflective loss]] and ''[[res judicata]]'' *''[[Fairchild v Glenhaven Funeral Services Ltd]]'' [2002] [https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd020620/fchild-1.htm UKHL 22], material increase in risk test of causation for victims of asbestos related torts *''[[Transco plc v Stockport Metropolitan Borough Council]]'' [2003] [https://publications.parliament.uk/pa/ld200203/ldjudgmt/jd031119/trans-1.htm 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]]'' [2003] UKHL 6, exclusion of liability for fraudulent [[misrepresentation in English law]] *''[[R v G]]'' [2003] [http://www.bailii.org/uk/cases/UKHL/2003/50.html UKHL 50], abolishing [[Caldwell recklessness]] *''[[Chester v Afshar]]'' [2004] [https://publications.parliament.uk/pa/ld200304/ldjudgmt/jd041014/cheste-1.htm 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]]'' [2004] UKHL 56, illegality of indefinite detention *''[[Doe v Secretary of State for the Home Department]]'' [2004] UKHL 26, freedom of conscience *''[[R v Wang]]'' [2005] 1 WLR 661, [2005] UKHL 9, [2005] 1 All ER 782, [2005] 2 Cr App R 8, 'there are no circumstances in which a judge is entitled to direct a jury to return a verdict of guilty' *''[[R (Williamson) v Secretary of State for Education and Employment]]'' [2005] UKHL 15, "the means chosen to achieve this aim are appropriate and not disproportionate in their adverse impact on parents who believe that carefully-controlled administration of corporal punishment to a mild degree can be beneficial" [2005] [http://www.bailii.org/uk/cases/UKHL/2005/15.html UKHL 15] *''[[Jackson v Attorney General]]'' [2005] UKHL 56, challenge to the fox hunting ban using the Parliament Acts 1911 and 1949 *''[[R (Begum) v Governors of Denbigh High School]]'' [2006] [http://www.bailii.org/uk/cases/UKHL/2006/15.html 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]]'' [2007] [https://publications.parliament.uk/pa/ld200607/ldjudgmt/jd070328/golden-1.htm UKHL 12], measure of damages for breach of contract *''[[R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)]]'' [2008] UKHL 61 *''[[R v Davis]]'' [2008] UKHL 36, anonymity of witness evidence *''[[R (Daly) v Secretary of State for the Home Department]]'' [2001] UKHL 26 "The infringement of prisoners' rights to maintain the confidentiality of their privileged legal correspondence is greater than is shown to be necessary to serve the legitimate public objectives already identified"

==Publications== {{refbegin}} * {{cite book | last=Bingham | first=Tom | author-link = Tom Bingham, Baron Bingham of Cornhill | title=The Rule of Law | publisher=Allen Lane | publication-place=London New York | year=2010 | isbn=978-1-84614-090-7 | oclc=458734142}} {{refend}}

==Legacy== In 2010, shortly before Bingham died, the British Institute of International and Comparative Law established ''The Bingham Centre for the Rule of Law'', a body solely dedicated to the promotion and enhancement of the [[rule of law]] worldwide.

In an interview on 7 February 2014, [[Nick Phillips, Baron Phillips of Worth Matravers|Nick Phillips]], successor to Bingham as Senior Lord of Appeal in Ordinary, remarked that "...Tom Bingham was the most wonderful man; he was head and shoulders above everybody else in the Law, in my view...yes, just outstanding...his clarity of thought, his academic knowledge. I think almost everyone would say that he was, you know, the great lawyer of his generation."<ref name="NP-YT">{{cite web|url=https://www.youtube.com/watch?v=mhWAZZWkOGQ|title=An Interview with Lord (Nicholas) Phillips – 2014|publisher= (at 1:30:59) YouTube |date=2015-02-03 |access-date=2016-03-30}}</ref>

==Arms== {{Infobox COA wide |image = File:Coat of Arms of Thomas Bingham, Baron Bingham of Cornhill, KG, PC, QC, FBA (cropped).png |imagesize = 200px |notes = |year_adopted = 2006 (granted by the [[College of Arms]]) |coronet = [[Coronet|That of a Baron]] |escutcheon = Per pale Or and Vert per chevron three Ears of Corn slipped and left all Counterchanged |crest = A Griffin sejant erect Vert beaked and holding with both forefeet a Key wards upwards and outwards Or |supporters = On either side a Running Duck that on the dexter Vert beaked and legged Or and that on the sinister Or beaked and legged Vert |orders = [[Order of the Garter|Garter]] [[circlet]]: ''[[Honi soit qui mal y pense]]'' (''Shame be to him who thinks evil of it'') |badge = A Running Duck Vert beaked and legged and grasping in the dexter foot a Key wards upwards and outwards Or |motto = ''PRO TANTO QUID RETRISUAMUS'' |symbolism = Bingham's [[coat of arms|arms]] pun the word "Cornhill", the ''per chevron'' formation suggesting a hill; the griffin alludes to Gray's Inn and is depicted holding a key as a play on his wife's maiden name of Loxley; the Bingham family keenly breed running ducks.}}

==See also== *[[Civil liberties in the United Kingdom]] *[[English tort law|English Law of Tort]]

==Notes== {{Reflist}}

==References== * [http://news.bbc.co.uk/1/hi/uk_politics/7734712.stm Iraq war 'violated rule of law] BBC NEWS * Stephen Sedley, 'Bingham, Thomas Henry, Baron Bingham of Cornhill (1933–2010)’, Oxford Dictionary of National Biography, Oxford University Press, Jan 2014 [http://www.oxforddnb.com/view/article/102527 accessed 10 July 2014]

==External links== * [https://www.sms.cam.ac.uk/media/1113321 Interviewed by Alan Macfarlane 31 March 2009 (video)] * [https://archive.today/20130420155411/http://www.chambersstudent.co.uk/Articles/Newsletter/306 'Notable judgements of Lord Bingham', ''Chambers Student Guide 2011''] * [https://archive.today/20140215075455/http://www.biicl.org/binghamcentre/ 'British Institute of International and Comparative Law'] * [http://www.tbchambers.co.uk 'Thomas Bingham Chambers']

{{S-start}} {{S-legal}} {{Succession box| before=[[John Donaldson, Baron Donaldson of Lymington]] | title=[[Master of the Rolls]] | years=1992–1996 | after=[[Harry Woolf, Baron Woolf]] }} {{Succession box| before=[[Peter Taylor, Baron Taylor of Gosforth]] | title=[[Lord Chief Justice]] | years=1996–2000 | after=Harry Woolf, Baron Woolf}} {{Succession box| before=[[Nick Browne-Wilkinson, Baron Browne-Wilkinson]] | title=[[Senior Lord of Appeal in Ordinary]] | years=2000–2008 | after=[[Nick Phillips, Baron Phillips of Worth Matravers]]}} {{S-end}}

{{DEFAULTSORT:Bingham, Thomas}} [[Category:1933 births]] [[Category:2010 deaths]] [[Category:People educated at Sedbergh School]] [[Category:Alumni of Balliol College, Oxford]] [[Category:Members of Gray's Inn|Bingham, Thomas Bingham, Baron Bingham of Cornhill]] [[Category:20th-century King's Counsel]] [[Category:21st-century King's Counsel]] [[Category:English King's Counsel]] [[Category:Knights Bachelor]] [[Category:Senior lords of appeal in ordinary|Bingham of Cornhill]] [[Category:20th-century English judges]] [[Category:Law lords|Bingham of Cornhill]] [[Category:Masters of the Rolls]] [[Category:Lord chief justices of England and Wales|Bingham of Cornhill, Thomas Henry, Baron]] [[Category:Knights of the Garter]] [[Category:Members of the Privy Council of the United Kingdom|Bingham of Cornhill, Thomas Henry, Baron]] [[Category:Fellows of King's College London]] [[Category:Queen's Bench Division judges]] [[Category:Members of the Judicial Committee of the Privy Council]] [[Category:Deaths from lung cancer in Wales]] [[Category:Attorneys-general of the Duchy of Lancaster]] [[Category:English people of Irish descent]] [[Category:Lord justices of appeal]] [[Category:21st-century English judges]] [[Category:Honorary Fellows of the British Academy]] [[Category:Life peers created by Elizabeth II]]