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Lennie Hoffmann, Baron Hoffmann
Leonard Hubert "Lennie"[1][2][3] Hoffmann, Baron Hoffmann GBS PC (born 8 May 1934) is a senior South African–British judge. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong; he formerly served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Early lifeBorn on 8 May 1934, Leonard Hubert Hoffmann was a member of a Jewish family in Muizenberg, South Africa. His grandparents established the family there in the late 1800s, having immigrated form Eastern Europe. His father was a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs.[2][4] EducationHe was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship.[2][5] Between 1961 and 1973, he was Stowell Civil Law Fellow at University College, Oxford, where he is an Honorary Fellow.[citation needed] Legal careerHe became a barrister in 1973.[4] His first client was a lawstudent who had been evicted from his lodgings.[2] In 1963, he published the first edition of The South African Law of Evidence, a work which became the standard text and which has since been published in four editions. After being called to the Bar from Gray's Inn in 1964, Hoffmann became one of the most sought after and highly priced barristers of his generation and was quickly made a judge, having taken silk on 19 April 1977.[6] Judicial careerHe was appointed to the Courts of Appeal of Jersey and Guernsey on 20 November 1980[7] and stayed in office until 1985. He was also appointed to the High Court of Justice, Chancery Division from 1985 to 1992. On 23 July 1985, he was knighted upon his appointment, as is customary for High Court judges.[8] He was subsequently appointed to be a Lord Justice of Appeal on 1 October 1992[9] and stayed in office until 1995. In 1995, Hoffmann was appointed a Lord of Appeal in Ordinary (more commonly known as a Law Lord) and thereby raised to the peerage as Baron Hoffmann, of Chedworth in the County of Gloucestershire.[2][10][11] Twinsectra v Yardley (trust law) and MacNiven v Westmoreland (tax law) are prominent examples of his judicial positions. Both cases led to differences of view between him and Lord Millett. Hoffmann gave the leading judgment in Investors Compensation Scheme Ltd v West Bromwich Building Society, in which he set out five principles for interpreting contracts. He retired as a Law Lord on 20 April 2009[12] and joined the Centre for Commercial Law Studies, Queen Mary, University of London, as Honorary Professor of Intellectual Property Law.[13] Hong Kong Court of Final AppealHoffmann has been a Non-Permanent Judge of the Hong Kong Court of Final Appeal since 1998.[14] In 2014 he was awarded the Gold Bauhinia Star by the Chief Executive of Hong Kong.[15] Links with Amnesty InternationalHoffmann's failure to declare his links with Amnesty International before ruling on whether Augusto Pinochet was immune from prosecution led to the unprecedented setting aside of a House of Lords judgment. He later commented to the Daily Telegraph that "the fact is I'm not biased. I am a lawyer. I do things as a judge. The fact that my wife works as a secretary for Amnesty International is, as far as I am concerned, neither here nor there."[16] Personal lifeLeonard and Gillian (Sterner) Hoffmann have two daughters and two grandchildren.[2] They were married at Cape Town Synagogue in the late 1950s. As of 1999[update], the Hoffmanns lived in Hempstead, London, and spent weekends in Chedworth.[2] Hoffmann is an avid cyclist and opera-goer.[2] He has also been involved in various charities through these interests.[2] He has a keen interest in Israel in general, and espcially in its judiciary.[4] Opinions in terrorism casesHoffmann was involved in three important judgments of the House of Lords concerning terrorism: Secretary of State for the Home Department v Rehman [2001] UKHL 47; A v Secretary of State for the Home Department [2004] UKHL 56; and A v. Secretary of State for the Home Department [2005] UKHL 71. In Rehman, at para 62, he wrote:
It appeared that he was willing to defer to the executive in matters concerning national security in the fairly long tradition of English judges deferring to the executive in such matters, including Lord Denning in ex-parte Hosenball. However, in 2004, Hoffmann took a robust stand (joining the majority of judges in the decision) against the executive in the Belmarsh case, A v. SSHD [2004] UKHL 56. In this case Hoffmann wrote at para 97 that:
In A v. Secretary of State for the Home Department [2005] UKHL 71, Hoffmann said:
Notable judgments
PublicationsA selection of his extra-judicial writings:
References
External links
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