Lord Mackay of Clashfern, a prominent figure in the British legal system, is remembered for his professionalism, approachability, and commitment to diversity within the judiciary. Several colleagues and acquaintances have paid tribute to his legacy following his passing.
Charles Watt, a solicitor who interacted with Lord Mackay early in his career, recalled an instance from the 1980s when he sought a Fatal Accident Inquiry on behalf of a client. After the Crown Office initially refused the inquiry, Watt appealed directly to the then lord advocate, James Mackay. Mackay responded by inviting them to his chambers to explain his reasoning personally, demonstrating courtesy and kindness that left a lasting impression on the young lawyer.
Her Honour Judge Barbara Mensah highlighted Lord Mackay’s efforts to promote diversity in judicial appointments during his tenure as lord chancellor. She recounted an event organised by his department at the Law Society in Chancery Lane aimed at encouraging underrepresented groups—including solicitors, women, and ethnic minorities—to consider judicial roles. His memorable encouragement for candidates was to “Don’t be shy — Apply.” Importantly, following a discussion during the event, several application questions that had deterred some candidates, including inquiries about income, were removed in subsequent judicial competitions. Mensah noted this as an example of Mackay’s willingness to listen and implement change.
Sir Tom Winsor WS, the first honorary president of the Society of Scottish Lawyers in London, recalled Lord Mackay’s appointment as lord advocate after the 1979 Conservative election victory. Although Prime Minister Margaret Thatcher initially considered Nicholas Fairbairn for the position, an intervention by Lord Emslie led to Mackay’s selection, a choice reportedly welcomed for his respected status in Scottish legal circles.
Winsor also shared an anecdote illustrating Mackay’s personal discipline and principled stance. As lord chancellor, Mackay refused to take a phone call from Thatcher on a Sunday, explaining he did not work on that day—an approach that reportedly impressed the prime minister. Mackay was known for maintaining clear boundaries between work and personal time, including traveling early on Saturdays when needed.
His Honour Barrington Black remembered two longstanding customs that Lord Mackay preserved amid wider traditional reforms: providing tea for families of those receiving legal appointments in his chambers, and maintaining the secrecy of judicial appointments until official announcements. Black shared a personal moment when Lord Mackay playfully questioned his mother about when she first knew her son would become a judge, evoking a proud response.
Clive Major shared a lighter memory from a 2003 Baltic cruise, where Lord and Lady Mackay, along with Lord Donald Ross, entertained fellow passengers. During a classical Greek theatrical performance, both judges quietly fell asleep, resting their heads on Major’s wife’s shoulders before waking to applaud enthusiastically, a moment she recalls fondly.
These accounts collectively portray Lord Mackay as a respected legal figure who combined professional rigor with warmth, integrity, and a genuine commitment to fostering inclusivity within the judiciary.