Gerald Upjohn, Baron Upjohn
Encyclopedia
Brigadier Gerald Ritchie Upjohn, Baron Upjohn CBE
, PC
, DL
(25 February 1903 – 27 January 1971) was a British
soldier and judge.
The younger son of William Henry Upjohn served in the Welsh Guards
during the Second World War, reaching the rank of brigadier
. In 1948, he sat with Sir George Lynskey
and Sir Godfrey Vick
on the Lynskey tribunal
. Appointed to the Privy Council
in 1960, he was Lord Justice of Appeal
from 1960 to 1963. On 26 November 1963 he became a Lord of Appeal in Ordinary
and was made additionally a life peer
by the style title Baron Upjohn, of Little Tey in the County of Essex
.
While a Lord of Appeal in Ordinary
he contributed to a number of significant cases. Three cases of particular importance are Boardman v Phipps [1967] 2 AC 46 (giving a powerful dissent), Vandervell v IRC [1967] 2 AC 291 (where he gave the majority speech) and In re Gulbenkian's Settlements [1970] AC 508.
An interesting problem arose on Lord Upjohn's death. The Judicial Committee of the House of Lords
would ideally sit with an odd number of judges, to ensure a clear decision. Lord Upjohn's death raised the problem of an equally divided Appellate Committee. Kennedy v Spratt [1971] 2 W.L.R. 667 remained on the docket and Lord Upjohn had already prepared a speech, intending to vote with Lord Reid
and Lord Diplock. Lord Reid
read Lord Upjohn's speech as a part of his own and in accordance with semper pracsumitur pro negante the appeal was dismissed. It has been pointed out that, 'had Lord Upjohn been in favour of allowing the appeal[,] the application of the principle
would have produced a disgruntled appellant whose victory had been snatched from under his nose: it may well be that such manifest injustice would have led to the case being reargued before a reconstituted court.'
Re Diplock [1948] Ch. 465
Ministry of Health v Simpson [1951] A.C. 251
Thompson (WL) Ltd v Robinson (Gunmakers) Ltd, [1955] Ch 177
Merricks v. Heathcote Amory [1955] Ch. 567
In Re Pauling's Settlement Trusts [1964] Ch. 303
Car and Universal Finance Co Ltd v Caldwell
[1965] 1 QB 525
In the Privy Council
Paradise Beach and Transportation Co Ltd v Price-Robinson [1968] AC 1072
In the House of Lords
Practice Statement (Judicial Precedent) [1966] 1 WLR 1234
Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale
[1967] 1 A.C. 361
Boardman v Phipps [1967] 2 AC 46
Vandervell v IRC [1967] 2 AC 291
Beswick v Beswick [1968] AC 58
C Czarnikow Ltd v Koufos or The Heron II [1969] 1 AC 350
In re Gulbenkian's Settlements [1970] AC 508
Pettitt v. Pettitt [1970] A.C. 777
Redland Bricks Ltd. v. Morris [1970] A.C. 652
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, PC
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, DL
Deputy Lieutenant
In the United Kingdom, a Deputy Lieutenant is one of several deputies to the Lord Lieutenant of a lieutenancy area; an English ceremonial county, Welsh preserved county, Scottish lieutenancy area, or Northern Irish county borough or county....
(25 February 1903 – 27 January 1971) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
soldier and judge.
The younger son of William Henry Upjohn served in the Welsh Guards
Welsh Guards
The Welsh Guards is an infantry regiment of the British Army, part of the Guards Division.-Creation :The Welsh Guards came into existence on 26 February 1915 by Royal Warrant of His Majesty King George V in order to include Wales in the national component to the Foot Guards, "..though the order...
during the Second World War, reaching the rank of brigadier
Brigadier
Brigadier is a senior military rank, the meaning of which is somewhat different in different military services. The brigadier rank is generally superior to the rank of colonel, and subordinate to major general....
. In 1948, he sat with Sir George Lynskey
George Lynskey
Sir George Justin Lynskey was an English judge, particularly remembered for his role in investigating the political scandal that led to the eponymous Lynskey tribunal.-Early life:...
and Sir Godfrey Vick
Godfrey Vick
Sir Godfrey Russell Vick KC was an English lawyer and judge who played a part in several important tribunals....
on the Lynskey tribunal
Lynskey tribunal
The Lynskey tribunal was a tribunal of inquiry into allegations of corruption among British government ministers and civil servants. The allegations raised public alarm and disgust in the economic climate of austerity that prevailed in contemporary Britain...
. Appointed to the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
in 1960, he was Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
from 1960 to 1963. On 26 November 1963 he became a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
and was made additionally a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
by the style title Baron Upjohn, of Little Tey in the County of Essex
Essex
Essex is a ceremonial and non-metropolitan county in the East region of England, and one of the home counties. It is located to the northeast of Greater London. It borders with Cambridgeshire and Suffolk to the north, Hertfordshire to the west, Kent to the South and London to the south west...
.
While a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
he contributed to a number of significant cases. Three cases of particular importance are Boardman v Phipps [1967] 2 AC 46 (giving a powerful dissent), Vandervell v IRC [1967] 2 AC 291 (where he gave the majority speech) and In re Gulbenkian's Settlements [1970] AC 508.
An interesting problem arose on Lord Upjohn's death. The Judicial Committee of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
would ideally sit with an odd number of judges, to ensure a clear decision. Lord Upjohn's death raised the problem of an equally divided Appellate Committee. Kennedy v Spratt [1971] 2 W.L.R. 667 remained on the docket and Lord Upjohn had already prepared a speech, intending to vote with Lord Reid
Lord Reid
Lord Reid may refer to :* James Reid, Baron Reid, a Scottish Unionist politician and judge .* John Reid, Baron Reid of Cardowan, a Scottish Labour politician, cabinet minister and chairman of Celtic F.C....
and Lord Diplock. Lord Reid
Lord Reid
Lord Reid may refer to :* James Reid, Baron Reid, a Scottish Unionist politician and judge .* John Reid, Baron Reid of Cardowan, a Scottish Labour politician, cabinet minister and chairman of Celtic F.C....
read Lord Upjohn's speech as a part of his own and in accordance with semper pracsumitur pro negante the appeal was dismissed. It has been pointed out that, 'had Lord Upjohn been in favour of allowing the appeal[,] the application of the principle
would have produced a disgruntled appellant whose victory had been snatched from under his nose: it may well be that such manifest injustice would have led to the case being reargued before a reconstituted court.'
As Counsel
Eaves v.Eaves [1939] Ch. 1000Re Diplock [1948] Ch. 465
Ministry of Health v Simpson [1951] A.C. 251
As Upjohn J
Copeland v Greenhalf [1952] Ch 488Thompson (WL) Ltd v Robinson (Gunmakers) Ltd, [1955] Ch 177
Merricks v. Heathcote Amory [1955] Ch. 567
In the Court of Appeal
Hong Kong Fir v Kawasaki [1962] 2 QB 26;In Re Pauling's Settlement Trusts [1964] Ch. 303
Car and Universal Finance Co Ltd v Caldwell
Car and Universal Finance Co Ltd v Caldwell
Car and Universal Finance Co Ltd v Caldwell [1965] 1 QB 525 is an English contract law case concerning misrepresentation. It holds that an unequivocal act communicating the wish to rescind a contract can override third party rights. The communication does not need to go to the...
[1965] 1 QB 525
In the Privy CouncilPrivy councilA privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
Paradise Beach and Transportation Co Ltd v Price-Robinson [1968] AC 1072In the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
Practice Statement (Judicial Precedent) [1966] 1 WLR 1234Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale
Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale
Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale [1967] 1 AC 361 is a landmark English contract law case, concerning the notion of a fundamental breach of contract.-Facts:...
[1967] 1 A.C. 361
Boardman v Phipps [1967] 2 AC 46
Vandervell v IRC [1967] 2 AC 291
Beswick v Beswick [1968] AC 58
C Czarnikow Ltd v Koufos or The Heron II [1969] 1 AC 350
In re Gulbenkian's Settlements [1970] AC 508
Pettitt v. Pettitt [1970] A.C. 777
Redland Bricks Ltd. v. Morris [1970] A.C. 652