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Ian Hamilton (advocate)

From Wikipedia, the free encyclopedia
Scottish lawyer and nationalist (1925–2022)

Ian Hamilton
Born
Ian Robertson Hamilton

(1925-09-13)13 September 1925
Paisley, Scotland
Died3 October 2022(2022-10-03) (aged 97)
North Connel, Scotland
EducationUniversity of Glasgow
OccupationAdvocate

Ian Robertson HamiltonKC (13 September 1925 – 3 October 2022) was a Scottish lawyer andnationalist, best known for his part in thereturn of the Stone of Destiny fromWestminster Abbey toArbroath Abbey in 1950.[1][2]

Early life

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Hamilton was born inPaisley, Scotland, on 13 September 1925, the son of atailor.[3] He attended theJohn Neilson Institution in Paisley thenAllan Glen's School in Glasgow,[4] before going on to theUniversity of Glasgow to study law, after having served in theRoyal Air Force.[1]

National activism

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It was at University where Hamilton became politically active. A participant in debates at theGlasgow University Union, he was a member of theGlasgow University Scottish Nationalist Association and theScottish Covenant Association. He was also thecampaign manager for the successful bid to haveJohn MacCormick electedRector of the University.

Stone of Destiny

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Main article:Removal of the Stone of Scone in 1950

OnChristmas Eve 1950, Hamilton, along with three other student Scottish nationalists includingKay Matheson, removed theStone of Destiny from its place under theCoronation Chair inWestminster Abbey, London. Originally used for the coronation of Scottish monarchs, the Stone had been removed to England byEdward I in 1296 to bolster his claim to the throne of Scotland. After theActs of Union 1707 between Scotland and England, it was used for the coronation of British monarchs. As such, Hamilton's action in returning the Stone to Scotland was applauded as a symbolic triumph forScottish nationalism. The Stone was turned over to theChurch of Scotland, which passed it to the authorities in April 1951. Hamilton and his accomplices were charged, but never prosecuted. The Stone was eventually returned to Scotland in 1996, with provision for subsequent use in the coronation of British monarchs.

In 2008,Charles Martin Smith wrote and directed a feature film entitledStone Of Destiny, based on these events, in which Hamilton was portrayed byCharlie Cox. Hamilton himself had a small part as an English businessman.

MacCormick v. Lord Advocate

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When first admitted to the bar as a youngadvocate in 1953, Hamilton refused to swear allegiance toQueen Elizabeth II arguing that she could only be referred to as "Queen Elizabeth" (sans regnal number) in Scotland as the regnal numbers countedQueen Elizabeth I, who had not ruled over Scotland or any of the subsequent united kingdoms which it has entered into.[5]MacCormick v Lord Advocate, which Hamilton brought with rector John MacCormick against theCrown, failed.[6] TheInner House of the ScottishCourt of Session held that themonarch's title is the soleprerogative of thesovereign, and the Crown had accepted a system whereby regnal numbers were taken from the larger of both former kingdoms in the United Kingdom, that is England and not Scotland.[contradictory] (It was later suggested byWinston Churchill after the accession of Elizabeth II that, in the future, the higher of the two numerals from the English and Scottish sequences could be used.[7] This system has yet to be put to the test.)

Career

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After graduating from university, Hamilton was admitted to thebar and became a practising lawyer.

His playThe Tinkers of the World was staged at Edinburgh'sGateway Theatre early in 1957.[8]

Hamilton joined theLabour Party for a short while, but spent most of his life in active politics as a member of theScottish National Party (SNP). He was SNP candidate for theStrathclyde East seat at the1994 election to theEuropean Parliament, as well as a candidate for the SNP in theGreenock and Inverclyde seat at the1999 election to theScottish Parliament.

Hamilton wasRector of the University of Aberdeen from 1994 to 1996 and was awarded the degree ofDoctor of Laws (Honoris Causa) in his final year. He was also chosen by the Glasgow University Scottish Nationalist Association as their candidate for theGlasgow University Rectorial election in 1999 in which he came second to the actor,Ross Kemp.

Hamilton wrote two autobiographical works, that are also in part polemical,A Touch of Treason (1990) andA Touch More Treason (1994). At one time he wrote a blog, where he posted commentary on Scottish social and political life, and latterly occasionally posted thoughts to Twitter including support forScottish independence.[9] He died inNorth Connel on 3 October 2022, aged 97.[10]

Royal Bank of Scotland lawsuit

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In February 2009,BBC News andThe Daily Telegraph reported that Hamilton was suing theRoyal Bank of Scotland (RBS) over claims they had mis-sold shares to him in April 2008.[11] Hamilton purchased 640 shares at £2 per share as part of a £12 billion rights issue. The writ he lodged in court claimed that the bank invited shareholders, including him and his wife, to invest in a rights issue, an offer that he took up on her behalf. The writ further alleged that RBS induced him to invest his money by "concealing the true state of their finances".[12] He further alleged that the bank was "negligent in representing themselves as solvent at all material times when in fact they were insolvent".[11]

RBS stated they would defend themselves vigorously against the claims made by Hamilton in thesmall claims court,[11] but he dropped the case on 26 February 2009 after the sheriff atOban Sheriff Court ruled that it would have to be considered at a higher court, given the legal and factual complexity of the case.[13]

Portrayals in popular culture

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In 2008, Hamilton's book,The Taking of the Stone of Destiny, was made into a movie entitledStone of Destiny. The film depicted Hamilton (played byCharlie Cox) as the protagonist leading a team of students to reclaim theStone of Destiny. Additionally, Hamilton had a smallcameo role.[14]

References

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  1. ^ab"Ian R. HamiltonArchived 6 October 2011 at theWayback Machine," Publisher’s author biography.Birlinn Limited. 2009.(Retrieved 9 January 2010.)
  2. ^Learmonth, Andrew (4 October 2022)."Tributes paid to Ian Hamilton, advocate and 'liberator' of the Stone of Destiny".The Herald Scotland.
  3. ^"Ian Hamilton: Patriot and Nationalist,"Siol nan Gaidheal.(Retrieved 9 January 2010.)
  4. ^"Ian Hamilton, lawyer and nationalist who in 1950 led the group of fou…".The Telegraph. 4 October 2022. Archived from the original on 7 October 2022. Retrieved16 September 2023.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  5. ^"Ian Robertson Hamilton". Gazetteer for Scotland. Retrieved1 January 2019.
  6. ^"Judge dismisses petition on Queen's title. Covenant Association to Appeal".The Glasgow Herald. 18 May 1953. p. 3. Retrieved1 January 2019.
  7. ^"Winston Churchill, House of Commons Hansard,Royal Style and Title, cols 199-201, 15 April 1953".Parliamentary Debates (Hansard). 15 April 1953. Retrieved22 April 2010.
  8. ^Elder, Michael (2003),What do You do During the Day?, Eldon Productions, pp. 118,ISBN 9-780954-556808
  9. ^"@ianhamilton_qc" onTwitter
  10. ^Sandomir, Richard (22 October 2022)."Ian Hamilton, 97, Who Stole a Scottish Relic From Westminster Abbey, Dies".The New York Times. Retrieved22 October 2022.
  11. ^abcCramb, Auslan. "Former QC takes Royal Bank of Scotland to court in shares row,"The Daily Telegraph. 19 February 2009.(Retrieved 10 January 2010.)
  12. ^"Pensioner takes on Royal Bank of Scotland in court battle,"The Daily Record. 18 February 2009.(Retrieved 10 January 2010.)
  13. ^"QC abandons RBS 'negligence' case".BBC News. 26 February 2009. Retrieved28 February 2009.
  14. ^"Stone of Destiny,"The Internet Movie Database.(Retrieved 9 January 2010.)

External links

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Academic offices
Preceded byRector of the University of Aberdeen
1993–1996
Succeeded by
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