Donald Nicholls, Baron Nicholls of Birkenhead

(Redirected from Donald Nicholls VC)

Donald James Nicholls, Baron Nicholls of Birkenhead, PC (25 January 1933 – 25 September 2019)[1] was a British barrister who became a Law Lord (Lord of Appeal in Ordinary).

The Lord Nicholls of Birkenhead
Nicholls in the Pinochet case, 1998
Second Senior Lord of Appeal in Ordinary
In office
1 October 2002 – 10 January 2007
MonarchElizabeth II
Preceded byThe Lord Slynn of Hadley
Succeeded byThe Lord Hoffmann
Lord of Appeal in Ordinary
In office
3 October 1994 – 10 January 2007
Preceded byThe Lord Templeman
Succeeded byThe Lord Neuberger of Abbotsbury
Personal details
Born(1933-01-25)25 January 1933
United Kingdom
Died25 September 2019(2019-09-25) (aged 86)
Alma mater
OccupationJudge

Biography

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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,[2] receiving the customary knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal[3] and subsequently appointed to the Privy Council. He became Vice-Chancellor of the Supreme Court on 1 October 1991.[4] 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.[5]

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."

He became Second Senior Law Lord on 1 October 2002,[6] and retired in 2007, succeeded by Lord Hoffmann.

From 1998 to 2004, he was a Non-Permanent Judge of the Hong Kong Court of Final Appeal.[7]

He retired from the membership of the House of Lords on 3 April 2017.[8]

He died on 25 September 2019 at the age of 86.[9]

Judgments

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Publications

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  • Lord Nicholls, 'Trustees and their broader community: where duty, morality and ethics converge’ (1995) 9(3) Trusts Law International 71

Arms

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Coat of arms of Donald Nicholls, Baron Nicholls of Birkenhead
 
 
Crest
A demi-mole Sable holding between the paws a daffodil slipped and leaved Or.
Escutcheon
Sable two bars each between two cotises set on the outer edge with birch leaves Or.
Supporters
On either side a cormorant wings displayed and inverted Sable beaked and legged Or.
Motto
Let Equity Prevail [10]

See also

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References

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  1. ^ "Birthday's today". The Telegraph. 25 January 2012. Archived from the original on 25 January 2012. Retrieved 29 April 2014. Lord Nicholls of Birkenhead, a former Lord of Appeal in Ordinary, 79
  2. ^ "No. 49499". The London Gazette. 5 October 1983. p. 13005.
  3. ^ "No. 50430". The London Gazette. 13 February 1986. p. 2085.
  4. ^ "No. 52677". The London Gazette. 4 October 1991. p. 15091.
  5. ^ "No. 53811". The London Gazette. 6 October 1994. p. 14001.
  6. ^ "No. 56712". The London Gazette. 4 October 2002. p. 11976.
  7. ^ '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
  8. ^ "Lord Nicholls of Birkenhead". UK Parliament. Retrieved 3 April 2017.
  9. ^ Nicholls, John (30 September 2019). "Nicholls". The Telegraph Announcements. Retrieved 3 October 2019.
  10. ^ Debrett's Peerage. 2000.
Legal offices
Preceded by Vice-Chancellor
1991–1994
Succeeded by