Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, ) was a British judge and successively a Justice of the High Court in England and Wales and a Lord Justice of Appeal before being created a Law Lord.(8 December 1907 – 14 October 1985
|Lord of Appeal in Ordinary|
30 September 1968 – 14 October 1985
|Born||8 December 1907|
|Died||14 October 1985(aged 77)|
He was born in Croydon, the only child of Irish solicitor Herbert Diplock and his wife Christine. He attended Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree. He later become an Honorary Fellow in 1958.
Diplock was called to the Bar by the Middle Temple in 1932. He left practice in 1939 to serve in the war; in 1941 he joined the Royal Air Force, in which he reached the rank of squadron leader. From 1939 to 1948, he served as secretary to the Master of the Rolls, Lord Greene.
He became a Lord of Appeal in Ordinary (Law Lord) on 30 September 1968 and was elevated as a life peer with the title Baron Diplock, of Wansford in the County of Huntingdon and Peterborough to the House of Lords.
As Lord Diplock, he chaired a commission set up in 1972 to consider legal measures against terrorism in Northern Ireland, which led to the establishment of the juryless Diplock courts with which his name is now often associated.
At the time of his death, Lord Diplock was the longest serving Law Lord.
Contributions to legal thoughtEdit
The current typology of grounds for judicial review is owing to Lord Diplock.
- Procedural impropriety
- Nemo judex (Bias rule)
- Audi alteram partem (Hearing rule)
- Ultra vires
- Simple ultra vires
- Extended ultra vires
- Procedural ultra vires
- Wednesbury irrationality
- Lack of proportionality
- Innominate Terms
- Primary and Secondary Obligations
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd  2 QB 26
- Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd  AC 207
- Council of Civil Service Unions v Minister for the Civil Service  AC 374
- Whitehouse v Lemon; Whitehouse v Gay News Ltd  2 WLR 281
- O'Reilly v Mackman  2 AC 237
- American Cyanamid Co v Ethicon Ltd  A.C.396 HL
- Catnic Components Ltd v Hill & Smith Ltd (1982)
- Dickson, Brice (1989). "The Contribution of Lord Diplock to the General Law of Contract". Oxford Journal of Legal Studies. 9 (4): 441. doi:10.1093/ojls/9.4.441.
- Hansard: 7th October 1968
- "Diplock, (William John) Kenneth, Baron Diplock (1907–1985), judge". Oxford Dictionary of National Biography. doi:10.1093/ref:odnb/31031. Retrieved 23 September 2020.
- Andrews, Neil (2011). Contract Law. Cambridge University Press. p. 681. ISBN 978-0-521-12467-6.
- "No. 44687". The London Gazette. 1 October 1968. p. 10537.
- name="contract law"
- "Diplock, Baron (Life Peer), ((William John) Kenneth Diplock) (8 Dec. 1907–14 Oct. 1985)". WHO'S WHO & WHO WAS WHO. doi:10.1093/ww/9780199540884.013.u163589. Retrieved 23 September 2020.
- Report of the Commission to Consider Legal Procedures to deal with Terrorist Activities in Northern Ireland (Cmmd. 5185); full text of the Diplock Report
- Woolf, Harry (1986). "The Role of the English Judiciary in Developing Public Law". William and Mary Law Review. 27 (4): 675.
- Laws, John (October 1992). "Is the High Court the Guardian of Fundamental Constitutional Rights". Commonwealth Law Bulletin. 18 (4): 1389. doi:10.1080/03050718.1992.9986233.
- Sacks, Vera; Maxwell, Judith (May 1984). "Unnatural Justice for Discriminators". The Modern Law Review. 47 (3): 336–337. JSTOR 1095955.
- Jowell, Jeffrey; Lester, Anthony (April 1988). "Beyond Wednesbury: Substantive Principles of Administrative Law". Commonwealth Law Review. 14 (2): 859. doi:10.1080/03050718.1988.9985971.
- The Hong Kong Fir  EWCA Civ 7
- Moschi v. Lep AirServices Ltd.  A.C. 331 per Lord Diplock, confirmed in Photo Production Ltd. v Securior Transport Ltd.  UKHL 2 at  per Lord Wilberforce