Scott Baker (judge)

Sir Thomas Scott Gillespie Baker,PC(born 10 December 1937) is a retiredEnglishCourt of Appeal judge.Scott Baker is the eldest son ofSir George Baker,a formerHigh Court judgewho wasPresident of the Family Divisionfrom 1971 to 1979. One of his brothers, Judge Michael Baker, KC, was the ResidentjudgeatSt Albans Crown Court.

Education

Scott Baker was educated atHaileybury & Imperial Service College,and studied atBrasenose College, Oxford.He was a member ofChorleywood Urban DistrictCouncil from 1964 to 1967. He married Margaret Joy Baker on 10 February 1973. The couple has two sons and one daughter.

Career

He wascalled to the barat theMiddle Templein 1961, and practised in a range of legal areas, including family finance cases, and professionalnegligence.He became arecorderin 1976, and was appointed aQueen's Counselin 1978. He became aBencherat Middle Temple in 1985. He was a member of the Committee that inquired into human fertilisation in 1982 to 1984, chaired byMary Warnock,which led to theHuman Fertilisation and Embryology Act 1990.

He was appointed as aHigh Court judgein 1988 (and was styledMr Justice Scott Baker), receiving the customaryknighthood,and allocated to theFamily Division.He moved to theQueen's Bench Divisionin 1993.

He was Presiding Judge of theWales and Chester Circuitfrom 1991 to 1995, and a member of theParole Boardfrom 1999 to 2002. He was the Lead Judge of theAdministrative Courtfrom 2000 to 2002. In 1999, he presided over the trial ofGreat Western Trainsfollowing theSouthall rail crashin 1997.

He dismissed charges ofcorporate manslaughter,as there was no identifiable individual in the company who was also guilty ofgross negligence,but levied a then-record fine forhealth and safetyoffences of £1.5m. His judgment was upheld on appeal. The same year, Baker presided at the trial ofJonathan Aitkenon charges ofperjuryfollowing the collapse of Aitken'slibelsuit againstThe Guardian.

Baker was promoted in 2002, becoming aLord Justice of Appeal.He was Treasurer of hisInns of Court,the Middle Temple, in 2004. He sat ascoronerfor theinquestsinto thedeaths of Princess DianaandDodi Fayedfrom 2 October 2007 to 7 April 2008.

In March 2011, Baker was sworn in as a Justice of theCourt of Appeal of Bermuda,a position that he held until 2018.

Notable cases

• St Albans City and DC v International Computers Ltd (1994)- Baker delivered the first instance judgment regarding unfair contract terms and liability limitation in business to business contracts, whilst a portion of the case was overturned on appeal, the ratio and obiter delivered by Baker remains leading law in the area of sale of goods and limitation.
• R v Great Western Trains Co (1999) (Unreported)- Baker dismissed the case against Great Western, holding that it was a condition precedent for a guilty mind to be proven before charges of gross negligence manslaughter could be made out. The judgment was referred by the Attorney General to the Court of Appeal in Attorney General’s Reference No 2 of 1999.

Sources

• The Court of Appeal - JudgesfromHM Court Service
• BiographyfromOklahoma City UniversitySchool of Law
• Announcement of appointment of new Deputy Coroner,Judicial Communications Office, 24 April 2007
• Official Archived website of the Inquests into the deaths of Diana, Princess of Wales and Dodi Fayed
• The Royal Gazette: New Court of Appeal judge sworn in