COURT of Session Judge Lord Dervaird has resigned after less than two
years on the Bench. The Scottish Office announced last night that his
decision to leave takes effect on January 1.
This follows a meeting on Tuesday attended by the Secretary of State
for Scotland, Mr Malcolm Rifkind, the Lord Advocate, Lord Fraser of
Carmyllie, QC, and Scotland's most senior Judge, the Lord President,
Lord Hope, during which allegations about Lord Dervaird's private life
were discussed.
The Lord President met Lord Dervaird the next day and he did not
return to sit on the Bench at Parliament House on Thursday.
Senior colleagues of Lord Dervaird were saddened to learn about his
departure but believed his position had become untenable. He was
regarded as an able counsel and a sound Judge.
He is said to be a quiet, studious man. He was appointed to the Bench
in February, 1988, to fill a vacancy created by Lord Jauncey on his
elevation to the House of Lords.
Speaking from their home in Stranraer, his wife, Lady Dervaird, said
he had no comment to make.
Lord Dervaird, 55, was formerly Mr John Murray, QC, usually known as
Ian. He is a farmer's son who was educated at Stranraer High School and
Edinburgh Academy before graduating from Corpus Christi College, Oxford.
He gained a law degree from Edinburgh in 1962 before being admitted to
the Bar in the same year. He is married with three sons.
As an advocate, he established his considerable reputation in civil
cases and is best remembered for his advocacy in the Trustee Savings
Bank flotation case. He also spent several years at the Scottish Law
Commission.
When he was elevated to the Bench in 1988 he took the title Dervaird
from the name of a family farm near Glenluce in Wigtownshire.
As a Judge, Lord Dervaird was known to be happier doing civil rather
than criminal cases. He is regarded as an extremely bright and able
lawyer.
He was admitted to the Faculty of Advocates in 1962, and took Silk in
1974. He was chairman of the Scottish Lawyers' European Group from 1975
to 1978.
Last April he angered the Government by ruling that airlines could
operate direct charter flights between Glasgow and North America.
Earlier this month Lord Dervaird caused disquiet in legal circles when
he sentenced a man to only 18 months' imprisonment at the High Court at
Airdrie after he had been found guilty of raping his children's nanny.
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