Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995.
Early life and career
Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service.[1]
After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the Middle Temple, where he was a Harmsworth Scholar, but joined Lincoln's Innad eundem as a MacMahon Scholar. He also practised at the Chancery bar. One notable case which he worked on was Anisminic v Foreign Compensation Commission in which he was counsel for the respondents, the Foreign Compensation Commission.
Lord Templeman made significant contributions to English law during his time as a judge, both within and outside his specialist field of tax law and intellectual property law. He gave leading speeches upholding orthodox doctrine against calls for reform in the important land law cases of Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386 and Rhone v Stephens [1994] 2 AC 310. [clarification needed][citation needed] He also sponsored the Land Registration Act 1988, which led to the land register of England and Wales being open to the public for the first time in 1990. [citation needed]
Revenue cases
Templeman is famous for paving the way for later judges to combat tax avoidance. He is famous for the concept of "Sham Transactions" introduced in the case of Black Nominees Ltd v Nicol (Inspector of Taxes). This case (which concerned an avoidance scheme adopted by the advisers of the actress Julie Christie) was groundbreaking as for the first time, judges were able to depart from the controversial Duke of Westminster Doctrine. Consequently, the business/commercial motive of a transaction conducted by a taxpayer would be considered. Notwithstanding this he was also famous for being a supporter of the Ramsay Doctrine and was notable for writing a scathing public letter (in retirement) to Lord Hoffman for wanting to move away from the Ramsay Principle in the Ramsay case. Ironically, during his time at the bar he had been active in advising on tax mitigation schemes for his clients, although this may have helped formulate his later views on the bench.[1]
Social views
Templeman also handed down a number of judgments which were very socially conservative. In R v Brown[1993] UKHL 19 when considering whether injuries inflicted during sadomasochistic sex with the consent of all parties was legal, he said: "Society is entitled and bound to protect itself against a cult of violence. Pleasure derived from the infliction of pain is an evil thing. Cruelty is uncivilised." Templeman was also one of the dissenting judges in the famous case of Gillick v West Norfolk and Wisbech AHA [1986] AC 112, arguing, inter alia, that sub-16-year-old girls should not be having sex and, therefore, cannot legally consent to being prescribed contraceptives by a physician (thus necessitating parental consent to obtain prescription contraceptives).[4]
Other significant cases, in which Lord Templeman appeared, were the Spycatcher case (relating to the duty of confidentiality and the Official Secrecy Act)[5] and dismissing the claims of the mother of Jacqueline Hill, the last victim of the Peter Sutcliffe (the "Yorkshire Ripper"), against the police for failing to apprehend the killer before he murdered her.[6][7]
Judicial style
During his time on the bench, Lord Templeman was known to be short with counsel who persisted with a line of argument after he had made up his mind, which earned him the affectionate sobriquet, "Syd Vicious".[1]
"At some distant date, when the court has unearthed the unearthable, traced the untraceable and calculated the incalculable, there will emerge the sum, which it is said belongs to the plaintiffs in equity. This sum, which is immune from the claims of Crown and mortgagee, debenture holder and creditor, a sum secured to the plaintiffs by a simple retention of title clause, which referred only to resin but was pregnant with all the consequences alleged in the statement of claim and hidden from the gaze of all other persons who dealt with the defendants."
When he expressed judicial opinions - either on legal or social issues - he often did so in strident tones. In A-G for Hong Kong v Reid[1993] UKPC 36, he referred to bribery as an "evil practice which threatens the foundations of any civilised society". In Hazell v Hammersmith and Fulham LBC [1992] 2 AC 1 when counsel tried to rely upon the decision in Sutton's Hospital Case (1612) 10 Co Rep 1 he said: "This argument strikes me as being not so much arcane as absurd."
However, he was also capable of striking a deeply compassionate note. Whilst dismissing the claim of Anita Hill's mother for the murder of her daughter, he said: "The appellant, Mrs. Hill, is tormented with the unshakeable belief that her daughter would be alive today if the respondent the West Yorkshire police force had been more efficient. That belief is entitled to respect and understanding. Damages cannot compensate for the brutal extinction of a young life."[8]
An eagle Or, beaked and legged and wings displayed Gules, gorged with a coronet its finials of roses also Gules, and supporting by the dexter claw a kukri erect with the point of the blade outwards Proper.
Escutcheon
Per pale Azure and Gules a fess raguly between a lion passant in chief and in base a fleur-de-lys bourgeonny Gold.
Supporters
Dexter a cock pheasant, sinister a hen pheasant. Both guardant and in the beak of each a grain of wheat Proper. [11]