Nathaniel Lindley, Baron Lindley
Encyclopedia
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
PC FRS (29 November 1828 – 9 December 1921) was an English judge.
Biography
He was the second son of the botanist John LindleyJohn Lindley
John Lindley FRS was an English botanist, gardener and orchidologist.-Early years:Born in Catton, near Norwich, England, John Lindley was one of four children of George and Mary Lindley. George Lindley was a nurseryman and pomologist and ran a commercial nursery garden...
, born at Acton Green, London
Acton Green, London
Acton Green is a small neighbourhood in the London Borough of Ealing, in west London, England.-Tube Stations:* Chiswick Park, District Line...
. He was educated at University College School
University College School
University College School, generally known as UCS, is an Independent school charity situated in Hampstead, north west London, England. The school was founded in 1830 by University College London and inherited many of that institution's progressive and secular views...
, and studied for a time at University College, London. He was called to the bar at the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1850, and began practice in the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
. In 1855 he published An Introduction to the Study of Jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, consisting of a translation of the general part of Thibaut
Anton Friedrich Justus Thibaut
Anton Friedrich Justus Thibaut , was a German jurist and musician.-Early life:He was born at Hamelin, in Hanover, the son of an officer in the Hanoverian army, of French Huguenot descent...
's System des Pandekten Rechts, with copious notes. In 1860 he published in two volumes his Treatise on the Law of Partnership, including its Application to Joint Stock and other Companies, and in 1862 a supplement including the Companies Act 1862
Companies Act 1862
The Companies Act 1862 was an Act of the Parliament of the United Kingdom regulating UK company law, whose descendant is the Companies Act 2006.-Provisions:...
. This work has since been developed into two textbooks well known to lawyers as Lindley on Companies and Lindley on Partnership.
He became a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in January 1872. In 1874 he was elected a bencher of the Middle Temple, of which he was treasurer in 1894. In 1875 he was appointed a justice of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, the appointment of a chancery barrister to a common-law court being justified by the fusion of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and equity then shortly to be brought about, in theory at all events, by the Judicature Acts
Judicature Acts
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...
.
In 1875, he was appointed a Knight Bachelor
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
. In 1880 he became a justice of the Queen's Bench and in 1881 he was raised to the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
and made a Privy Councillor. In 1897, Lord Justice Lindley succeeded Lord Esher
William Baliol Brett, 1st Viscount Esher
William Baliol Brett, 1st Viscount Esher PC, QC , known as Sir William Brett between 1868 and 1883, was a British lawyer, judge and Conservative politician...
as Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
, and in 1900 he was made 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...
with a life peerage and the title of Baron Lindley, of East Carleton
East Carleton
East Carleton is a civil parish in the English county of Norfolk.It covers an area of and had a population of 358 in 115 households as of the 2001 census.For the purposes of local government, it falls within the district of South Norfolk....
in the County of Norfolk
Norfolk
Norfolk is a low-lying county in the East of England. It has borders with Lincolnshire to the west, Cambridgeshire to the west and southwest and Suffolk to the south. Its northern and eastern boundaries are the North Sea coast and to the north-west the county is bordered by The Wash. The county...
. He resigned the judicial post in 1905.
Lord Lindley was the last serjeant-at-law
Serjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
appointed, and the last judge to wear the serjeant's coif, or rather the black patch representing it, on the judicial wig.
He married Sarah Katharine, daughter of Edward John Teale of Leeds, on 5 Aug 1858. He died at home in East Carleton, near Norwich in 1921.
Cases
- Knox v Gye (1872)
- Creen v WrightCreen v WrightCreen v Wright LR 1 CPD 591 is an English contract law and labour law case concerning wrongful dismissal and the appropriate period of reasonable notice to be implied at common law in a contract of employment.-Facts:...
(1875–76) LR 1 CPD 591 - Parker v South Eastern Railway (1877) 2 CPD 416
- Byrne v Van TienhovenByrne v Van TienhovenByrne v Van Tienhoven [1880] 5 CPD 344 is a leading English contract law case on the issue of revocation in relation to the postal rule. In it Lindley J of the High Court Common Pleas Division ruled that an offer is only revoked by direct communication with the offeree, and that the postal rule...
[1880] 5 CPD 344 - Speight v GauntSpeight v GauntSpeight v Gaunt LR 9 App Cas 1 is an English trusts law case, concerning the extent of the duty of care owed by a fiduciary.-Facts:...
(1883) 9 App Cas 1 - Isle of Wight Railway Company v TahourdinIsle of Wight Railway Company v TahourdinIsle of Wight Railway Company v Tahourdin LR 25 Ch D 320 is a UK company law case on removing directors under the old Companies Clauses Act 1845. In the modern Companies Act 2006, section 168 allows shareholders to remove of directors by a majority vote on reasonable notice, regardless of what the...
(1884) LR 25 Ch D 320 - In re Addlestone Linoleum Co (1887) 37 Ch D 191
- Allcard v SkinnerAllcard v SkinnerAllcard v Skinner 36 Ch D 145 is an English contract law case dealing with undue influence. It is one of the leading cases in the area and in English unjust enrichment law.-Facts:...
(1887) 36 Ch D 145 - In re Whiteley (1886) 33 Ch D 347 , 355
- Robinson v KilvertRobinson v KilvertRobinson v Kilvert LR 41 ChD 88 is an English tort law case concerning nuisance. It deals with what is sometimes called the issue of a "sensitive claimant".-Facts:...
(1889) LR 41 ChD 88 - Carlill v Carbolic Smoke Ball Co [1892] QB 408
- Salomon v Salomon [1897] AC 22
- South Hetton Coal Co v Haswell, Shotton and Easington Coal and Coke Co [1898] 1 Ch. 465
- Allen v Gold Reefs of West Africa LtdAllen v Gold Reefs of West Africa LtdAllen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 is a UK company law case concerning alteration of a company's articles of association. It held that alterations could not be interfered with by the court unless a change was made that was not bona fide for the benefit of the company as a whole...
[1900] 1 Ch 656 - Taff Vale Railway Co v Amalgamated Society of Railway Servants [1901] AC 426
- Quinn v Leathem [1901] AC 495
- Scottish Free Church caseBannatyne v OvertounBannatyne v Overtoun, [1904] A.C. 515 , was a protracted legal dispute between the United Free Church of Scotland Bannatyne v Overtoun, [1904] A.C. 515 (more correctly cited as General Assembly of the Free Church of Scotland v Lord Overtoun: Macalister v Young [1904] AC 515:1904 7 F (HL) 1 and...
[1904] AC 515 - Colls v Home and Colonial StoresColls v Home and Colonial StoresColls v Home and Colonial Stores is an English tort law case concerning the entitlement to daylight where a right to light exists.-Facts:...
(1904) - Shepheard v Broome [1904] AC 342