Donald Nicholls, Baron Nicholls of Birkenhead

Donald James Nicholls, Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey, Kt, PC, QC ( born January 25, 1933) is a British lawyer and politician who in 1994 as a life peer member of the House of Lords is.

Life

Studies, lawyer and judge

After visiting the Birkenhead School Nicholls graduated in law at the University of Liverpool and the Trinity Hall of the University of Cambridge. After graduation he received in 1958 his legal admission to the Bar ( Inns of Court ) of the Middle Temple. He then worked as an attorney in 1974 and was awarded the title of Queen's Counsel. In 1981, he was also " Bencher " of the Middle Temple.

1983 he was appointed a judge of the Commissioner for England and Wales High Court of Justice, where he was until 1986 the judge Chamber for Economic Affairs ( Chancery Division ). At the same time he was defeated in 1983, Knight Bachelor and led since the additional name "Sir". In 1986, Sir Donald Nicholls judge ( Lord Justice of Appeal ) to the competent Court of Appeal for England and Wales ( Court of Appeal ). At the same time he became Privy Councillor in 1986. Most recently, he served as the successor of Nicolas Browne - Wilkinson, Baron Browne - Wilkinson between 1991 and his replacement by Richard Scott, Baron Scott of Foscote 1994 as Vice-Chancellor of the High Court of Justice. In this time were significant judgments as Harries v Church Commissioners for England (1992).

Lord Justice and significant judgments

Then he was on 3 October 1994 Lord Justice (Lord of Appeal in Ordinary), and as such due to the Appellate Jurisdiction Act 1876 also member of the House of Lords. In the House of Lords he belongs to the group of so-called Cross Bencher. The office of Lord judge he held until his resignation on 10 January 2007. His successor as Lord Justice David Neuberger was then, Baron Neuberger of Abbotsbury. In addition, Lord Nicholls was, from 1998 to 2004 as a non-permanent member of the Hong Kong Court of Final Appeal, the Supreme Court of Appeal of Hong Kong. Most recently, he served between 2002 and 2007 as Second Senior Lord of Appeal as one of the longest-serving Lord Justice.

As Lord Justice, he contributed to many important judgments. These include decisions such as:

• Royal Brunei Airlines Sdn Bhd v Tan ( 1995): In this procedure, from the Trust - law, it was about the breach of trust and liability for dishonest assistance.
• White v White ( 2001): In this process, it came to a decision in principle on the redistribution of financial assets and property in the event of a divorce.
• Reynolds v Times Newspapers Ltd ( 2001): In this method, it was about a case of the defamation law on the qualified privilege for publication of defamatory statements in the public interest. Plaintiff was the former Irish Taoiseach (Prime Minister ) Albert Reynolds.
• Fairchild v Glenhaven Funeral Services Ltd (2002): In this procedure, from the so-called Tort Law concerned the causation of malignant mesothelioma due to asbestos and the compensation of the consequent asbestosis.
• Shogun Finance Ltd v Hudson ( 2002): In this procedure, from the so-called Contract Law dealt with the topic of confusion as a basis for cancellation of the contract.
• Tomlinson v Congleton Borough Council (2003): In this proceeding, there was a landmark decision on criminal offenses of negligence and liability of occupiers and is considered a milestone in the field of British " compensation culture ".
• Wilson v First County Trust Ltd (No 2 ) (2003 ): In this procedure, from the fields of law human rights, consumer protection and contract law, there was an important decision on the applicability of Article 1 European Convention on Human Rights (ECHR ) and the use of Hansard in litigation as well as claims under the Consumer Credit Act ( consumer Credit Act 1974 ) in ungerechtigfertigter enrichment.
• Campbell v Mirror Group Newspapers Ltd (2004): In this method, there was a complaint of the photo model Naomi Campbell against the Mirror Group Newspapers Ltd. on respect for human rights and privacy.
• A and Others v Secretary of State for the Home Department ( 2004): In this process, from the field of Human Rights ruled that the indefinite detention of foreign prisoners in the Penitentiary HM Prison Belmarsh without trial because of section 23 of the Anti-Terrorism, Crime and Security Act 2001 was incompatible with the ECHR.
• Archibald v Fife Council (2004): In this procedure, from the labor involved the application of the law against the discrimination of people with disabilities ( Disability Discrimination Act 1995).
• Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. (2004): In this method, it was about the impact of the Human Rights Act 1998 on the freedom of expression.
• National Westminster Bank plc v Spectrum Plus Ltd ( 2005): In this procedure, from the corporate law dealt with a number of unresolved legal issues relating to floating charges and the Recharakterisierungsrisiko that were governed by the common law.
• Gregg v Scott ( 2005): In this procedure from the Tort Law it was about a lost opportunity as causation. Lord Nicholls, the latter taking a dissenting opinion, which provided that the lost opportunity and should have been implemented.
• Jackson v Royal Bank of Scotland (2005): In this procedure, from the contractual right involved the assertion of future damage.
• R ( Jackson) v Attorney General (2005): In this method, it was in passing ( obiter dictum ) for the first time on judicial executions in the exercise of their official capacity to the limits of parliamentary sovereignty.
• R ( Begum ) v Headteacher and Governors of Denbigh High School ( 2006): In this proceeding, there was a landmark decision in relation to the legal regulation of religious symbols and clothing due to the Human Rights Act 1998.
• OBG Ltd v Allan ( 2007): In this method, there was a landmark decision in Tort Law for unauthorized actions in economic terms and the contractual interference.