The Lord Parker of Waddington | |
|---|---|
 1968 photograph, byGodfrey Argent | |
| Lord Chief Justice of England | |
| In office 30 September 1958 – 19 April 1971 | |
| Nominated by | Harold Macmillan |
| Appointed by | Elizabeth II |
| Preceded by | The Lord Goddard |
| Succeeded by | The Lord Widgery |
| Lord Justice of Appeal | |
| In office 1954–1958 | |
| Appointed by | Queen Elizabeth II |
| Judge of theHigh Court of Justice | |
| In office 1950 – 19 April 1971 | |
| Appointed by | Queen Elizabeth II |
| Personal details | |
| Born | Hubert Lister Parker (1900-05-28)28 May 1900 |
| Died | 15 September 1972(1972-09-15) (aged 72) |
| Nationality | British |
| Parent | Robert Parker, Baron Parker of Waddington |
| Education | Rugby School |
| Alma mater | Trinity College, Cambridge |
| Awards | Knight Bachelor Life peer |
Hubert Lister Parker, Baron Parker of Waddington,PC (28 May 1900 – 15 September 1972) was a Britishjudge who served asLord Chief Justice of England from 1958 to 1971. His term was marked by much less controversy than that of his predecessor,Lord Goddard.
The son of a law lord, Parker was educated atRugby School andTrinity College, Cambridge. Having initially intended to go into business, he was instead called to the English bar in 1922, and specialised in commercial cases. In 1945, he was appointedTreasury devil and, after refusing promotion once, was appointed to theHigh Court in 1950, sitting in theKing's Bench Division. He was promoted to theCourt of Appeal in 1954. In 1957, he presided over thebank rate tribunal of inquiry.
Parker was the son ofRobert Parker, Baron Parker of Waddington, who had been aLord of Appeal in Ordinary. He went toRugby School (which he enjoyed; in later years he was Chairman of the Governors) andTrinity College, Cambridge. He graduated with a double first in Natural Sciences, specialising ingeology and intending to go into the oil business. This intention he abandoned on graduating in 1922 to read for theBar (Lincoln's Inn) where he wascalled in 1924, entering the chambers ofDonald Somervell.[1]
At the Bar, Parker specialised in commercial cases and developed a courtroom style that tried to be fair to all the arguments and make a case with calmness. In 1945, he became theJunior Counsel to the Treasury (Common Law) (also referred to as the "Treasury devil"), an appointment which normally led on to promotion to the High Court bench; however, when the invitation came fromLord Jowitt in 1948, Parker thought it was too soon and that he had only just become useful to the Treasury Counsel, and therefore declined. He accepted the second invitation when it came in 1950. As he went straight from being Treasury Devil to the High Court, he never 'took silk' (that is to say, he was not aKing's Counsel): the Treasury Devil was never a 'silk'.[2]
As a judge, Parker found himself presiding over trials in areas of the law he was unfamiliar with. He claimed that the first summing up which he gave in a criminal trial was the first he had ever heard. However, by getting down to the work, he eventually mastered the job and by 1954 was promoted to the Court of Appeal. The more measured style of the appellate courts suited Parker more than the cut and thrust of theKing's Bench, and his ability to get to the important details of a case was assessed as good by those who appeared before him. He proved that he had reasonable political judgment in 1957 when heading atribunal over a minor political scandal connected with the setting of interest rates.[1]
Lord Goddard announced his resignation as Lord Chief Justice in 1958. He had been an exception to the tradition that theAttorney General be appointed to the role and some commentators expected that the next appointment would therefore beSir Reginald Manningham-Buller, Attorney-General at the time. However Manningham-Buller was widely disliked and also shared Goddard's reactionary views on criminal justice.Harold Macmillan consideredViscount Kilmuir, theLord Chancellor, but Kilmuir rejected the job. Macmillan therefore decided to appoint a senior judge, and Parker's name emerged as the one candidate with whom most people were happy.[1] On 30 September 1958, Parker took the titleBaron Parker of Waddington, ofLincoln's Inn in the Borough ofHolborn.[3][2]
Parker's style was totally different from Goddard as he confined himself to the higher courts and did not intervene in everyday criminal trials. He had little interest in the social life of the judiciary. He was called upon where a trial had a serious political aspect, and was criticised when he imprisoned journalists who refused to reveal theirsources during theVassall tribunal of 1963. Parker's judgment stated in part "the citizen's highest duty is to the State". Parker also made history when he sentencedGeorge Blake, convicted of spying, to 42 years imprisonment, the longest sentence then passed in an English court; the conjunction seemed to some to suggest that Parker was too close to the government of the day, though others said Parker had been shocked at the extent of the treachery that had sent dozens of Western agents to their deaths.[2] Parker had himself said that the Courts "have a positive responsibility to be the handmaiden of administration rather than its governor".[4]
However, Parker was popular among the profession as he secured improvements in judicial salaries and pensions. Parker was a mild reformer who supportedlegal aid and tried to modernise some judicial procedures which he thought were antiquated, such as the assize court system. Like Goddard, Parker took an active part inHouse of Lords debates. The most important speech he made was in debates during the passage of the War Damage Act 1965 which has the effect of retrospectively overturning the judicial decision of the House of Lords inBurmah Oil Co. v Lord Advocate thereby depriving the plaintiff of an award of damages. Parker regarded this as an abhorrent idea in principle, but his view did not carry the day. He supported moves to abolishthe death penalty.[1]
In 1964 Parker instituted the first 'Sentencing conference' to try to get consistency. In the late 1960s he introduced the first formal training for Judges, and welcomed the formation of theLaw Commission. WhenLord Beeching headed a committee looking at court reform in 1971, Parker's memorandum was more radical than the committee's recommendations.[1]
Parker announced his retirement before the committee reported, and died the next year at thecattle farm he ran together with his wife of 48 years.[1]
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| Preceded by | Lord Chief Justice 1958–1971 | Succeeded by |
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