Death of a legal titan — Remembering Lord Mackay of Clashfern, one of Scotland's greatest ever lawyers

The Scottish legal community has paid tribute to Lord Mackay of Clashfern KT, a former Lord Chancellor and one of the country's foremost legal minds, after his death aged 99.

Born to railway signalman James Mackay and his wife Janet Hymers in Edinburgh on July 2, 1927, James Peter Hymers Mackay (later Baron Mackay of Clashfern) would serve as Dean of the Faculty of Advocates, Lord Advocate and Lord Chancellor.

He was latterly an active member of the House of Lords, where he sat as a Conservative.

It was not until he was 38 that Mackay received an LLB (with distinction) from the University of Edinburgh. He had previously studied mathematics and physics at the same institution and taught mathematics at the University of St Andrews.

Despite coming to law later than many of his peers, Mackay was nonetheless elected to the Faculty of Advocates in 1955, appointed a Queen's Counsel by 1965 and served as Sheriff Principal for Renfrew and Argyll from 1972 to 1974.

He served as Vice-Dean and then Dean of the Faculty between 1973 and 1979, when he was appointed Lord Advocate — the senior law officer in Scotland.

In an obituary published in The Guardian, Lord Mackay of Clashfern has been described as "almost certainly the last [lawyer] to be appointed [as Lord Chancellor] for his legal expertise and distinction, rather than his party political qualifications."

Joshua Rozenberg, a leading legal correspondent, described Mackay as "the last Lord Chancellor to serve all three branches of the constitution with distinction."

Appointed by Margaret Thatcher, he served in the role from 1987 until the fall of the John Major government nearly 10 years later.

In a seminal legal moment, one of the toughest challenges of his career, Mackay authorised a rare private prosecution in 1982 of three men accused of abducting, raping and slashing a woman with a razor as she walked home after a night out.

Initially, and despite strong forensic and witness evidence, a decision was made not to prosecute the trio. The then Solicitor General, Nicholas Fairbairn, had commented to a journalist about the woman's credibility as a witness.

Nevertheless, the victim stood up to cross-examination and the private prosecution was successful: the three men were convicted.

The territorial designation of his life peerage came from his father's birthplace in Sutherland, a cottage beside Loch na Claise Fearna.

Mackay was raised as a member of the Free Presbyterian Church of Scotland and was an elder of the church in his adult life. His faith was important throughout his life and career.

In 1988, he was suspended as a church elder after attending two Catholic funeral Masses for members of the judiciary (for Charles Ritchie Russell in 1986 and John Wheatley in 1988). The church strictly prohibited members showing "support for the doctrine of Catholicism".

This dispute later sparked a schism which led to the creation of the Associated Presbyterian Churches. Mackay was also a strict Sabbatarian and refused to work or travel on a Sunday. He even refused to give interviews if there was a chance they could be rebroadcast on a Sunday.

Not content to truly retire, Mackay sat in the House of Lords well into his 90s.

He married Elizabeth Hymers, a cousin, in 1958. She survives him, along with their son, James, and two daughters, Elizabeth and Shona.

An audible sigh for a 'giant in the law'

Peers were heard to let out an audible sigh in the House of Lords when the Lord Speaker announced Mackay's death in the chamber.

Lord Forsyth of Drumlean said: "I extend our condolences to the noble and learned lord's family and friends."

Attorney General Lord Hermer said: "Lord Mackay, across all parties, was a hugely respected figure.

"He was a giant in the law and I'm sure we all join in sending our condolences to his family."

Lord Wolfson of Tredegar also paid tribute, saying: "He was a great Conservative, a great lawyer, a great Lord Chancellor, and also a man of profound Christian faith, who lived out the words of scripture, 'He that ruleth over men must be just, ruling in the fear of God."

Tributes paid to Lord Mackay of Clashfern

The Lord President, Lord Pentland said: “Lord Mackay of Clashfern was one of the greatest Scottish lawyers of his generation. He had a brilliant career as a leading member of the Scots bar.

"He served with distinction as Dean of the Faculty of Advocates and as Lord Advocate.  He was a Sheriff Principal and Senator of the College of Justice before being appointed as Lord Chancellor. Throughout his time as a member of the UK Government and during his long service in the House of Lords, he was always a powerful voice for the interests of Scots law and the Scottish legal system.

"On behalf of the Scottish judiciary, I extend profound condolences and sympathy to Lady Mackay and to the family.”

Serena Sutherland, President of the Law Society of Scotland, added: “We are saddened to hear of the death of Lord Mackay of Clashfern. He was one of the foremost Scottish lawyers of his generation and made significant contributions to the law of Scotland and the wider UK over a long and illustrious career in the law and politics.

“He held so many positions of importance to the Scottish legal system: Dean of the Faculty of Advocates, Lord Advocate, Sheriff Principal, Judge of the Court of Session, Lord Chancellor, Lord Clerk Register, Lord of Appeal in Ordinary, and Keeper of Her Majesty's Signet. He brought his intelligence and deep knowledge of the law to each role.

“As a member of the House of Lords, he made many contributions focused on good law making. Very few Scottish lawyers have had such a distinguished career, even fewer have acted with such humility in office and such a firm view of the interest of justice.

“Lord Mackay was made an Honorary Member of the Law Society in recognition of his dedication to public service.

“He has been inspirational to many generations of lawyers in Scotland, the wider UK and further afield. We extend our deepest condolences to his family and loved ones.”

Lord Advocate Ruth Charteris KC commented: “Lord Mackay was an exceptionally brilliant, enormously capable and perceptive man. I first met him when I was a student, and he was remarkably generous with his time and encouragement.

"He had a genuine interest in people and in life and, despite his many achievements, he remained unfailingly humble. He was widely respected and admired, and his warmth and wisdom left a lasting impression on all who knew him.”

And Roddy Dunlop KC, current Dean of the Faculty of Advocates, added: “It is with great sadness that Faculty learnt of the passing of Lord Mackay of Clashfern, one of its most distinguished members and a towering figure in the law of Scotland and the United Kingdom.

“James Mackay was called to the Scottish bar in 1955 and took silk in 1965. From the outset, he was recognised for his formidable intellect, clarity of thought, and unshakeable integrity. His practice at the bar was marked by distinction across a wide range of public and private law, and he quickly came to be regarded as one of the leading advocates of his generation. He was vice-dean of Faculty from 1973 to 1976, and dean of Faculty from 1976 to 1979.

“His public service was equally remarkable. Appointed lord advocate in 1979, he served with distinction during a period of significant constitutional and political complexity. In 1987, he was appointed lord Chancellor, a role in which he served for a decade, one of the longest tenures in modern times. In that office, he played a central role in shaping the administration of justice across the United Kingdom, while consistently demonstrating a deep respect for the distinct traditions of Scots law.

“Lord MacKay’s contribution to legal and public life extended well beyond high office. He was a committed parliamentarian, an influential voice in constitutional and legal reform, and a thoughtful contributor to public debate. Throughout, he retained a profound commitment to the rule of law, the independence of the judiciary, and the highest standards of professional conduct.

“Within Faculty, he was held in the highest regard not only for his achievements but for his personal qualities. He was courteous, measured, and generous with his time and wisdom to colleagues and to those entering the profession. His career stands as an enduring example of service, excellence, and leadership at the bar.

“His passing, shortly after his 99th birthday, marks the end of an era. The Faculty of Advocates extends its deepest condolences to his family and all who knew him. He will be remembered with great respect and gratitude for his exceptional contribution to the law and to public life.”