Roualeyn Cumming-Bruce
Encyclopedia
Sir James Roualeyn Hovell-Thurlow-Cumming-Bruce PC (March 9, 1912 – June 12, 2000) was a British barrister
and judge
who was a Lord Justice of Appeal
from 1977-1985.
Roualeyn Cumming-Bruce was the third son of the Charles Edward Hovell-Thurlow-Cumming-Bruce, 6th Baron Thurlow
, and the younger of identical twin
boys. His grandfather was a British Liberal
politician who was Paymaster-General
in 1886. Earlier relations were Bishop of Durham and Lord Chancellor
. His eldest brother Harry became 7th Baron Thurlow
in 1952, and his elder twin brother Francis
became 8th Baron Thurlow in 1971.
Roualeyn was educated at Shrewsbury School
and Magdalene College, Cambridge
, where he took a first
in classics
. He became an honorary Fellow at Magdalene in 1977. He was called to the Bar at Middle Temple
in 1937, where he became a Bencher
in 1959 and was Treasurer in 1975.
In the Second World War, he served in the Royal Artillery
in North Africa and the Middle East, becoming a lieutenant colonel
.
He resumed his mixed legal practice after the war. He was Chancellor of the Diocese of Ripon from 1954 to 1957, Recorder
of Doncaster
from 1957 to 1958 and Recorder of York
from 1958 to 1961. He was appointed Junior Counsel to the Treasury, in common law
, in 1959.
In 1964, he became a High Court
judge in 1964 (as Mr Justice Cumming-Bruce), in the Probate, Divorce and Admiralty Division (later the Family Division
) and received the customary knight
hood. He presided over some interesting divorce cases: he granted a divorce to the wife of Tony Hancock
for cruelty and adultery.
Despite a conviction for drunk driving 18 months earlier, he was promoted to the Court of Appeal (as Lord Justice Cumming-Bruce) and joined the Privy Council
in 1977. One of his early appeal cases was Miller v. Jackson
, in which he joined Lord Denning in ruling that a cricket
club could continue to play matches on a village green, even though balls were occasionally hit onto neighbouring properties.
He married Lady Sarah Savile, the youngest daughter of the 6th Earl of Mexborough
, in 1955. She predeceased him in 1991. They had a daughter and two sons.
His identical twin brother Francis
was High Commissioner to New Zealand from 1959 to 1963, High Commissioner to Nigeria from 1963 to 1966, and Governor of The Bahamas
from 1968 to 1972.
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
who was a 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 1977-1985.
Roualeyn Cumming-Bruce was the third son of the Charles Edward Hovell-Thurlow-Cumming-Bruce, 6th Baron Thurlow
Baron Thurlow
Baron Thurlow, of Thurlow in the County of Suffolk, is a title in the Peerage of Great Britain. It was created in 1792 for the lawyer and politician Edward Thurlow, 1st Baron Thurlow, with remainder to his younger brothers and the heirs male of their bodies...
, and the younger of identical twin
Twin
A twin is one of two offspring produced in the same pregnancy. Twins can either be monozygotic , meaning that they develop from one zygote that splits and forms two embryos, or dizygotic because they develop from two separate eggs that are fertilized by two separate sperm.In contrast, a fetus...
boys. His grandfather was a British Liberal
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
politician who was Paymaster-General
Paymaster-General
HM Paymaster General is a ministerial position in the United Kingdom. The Paymaster General is in charge of the Office of HM Paymaster General , which held accounts at the Bank of England on behalf of Government departments and selected other public bodies...
in 1886. Earlier relations were Bishop of Durham and Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
. His eldest brother Harry became 7th Baron Thurlow
Baron Thurlow
Baron Thurlow, of Thurlow in the County of Suffolk, is a title in the Peerage of Great Britain. It was created in 1792 for the lawyer and politician Edward Thurlow, 1st Baron Thurlow, with remainder to his younger brothers and the heirs male of their bodies...
in 1952, and his elder twin brother Francis
Francis Hovell-Thurlow-Cumming-Bruce, 8th Baron Thurlow
Sir Francis Edward Hovell-Thurlow-Cumming-Bruce, 8th Baron Thurlow KCMG , is a retired British diplomat. He is the only surviving former British colonial governor of The Bahamas....
became 8th Baron Thurlow in 1971.
Roualeyn was educated at Shrewsbury School
Shrewsbury School
Shrewsbury School is a co-educational independent school for pupils aged 13 to 18, founded by Royal Charter in 1552. The present campus to which the school moved in 1882 is located on the banks of the River Severn in Shrewsbury, Shropshire, England...
and Magdalene College, Cambridge
Magdalene College, Cambridge
Magdalene College is a constituent college of the University of Cambridge, England.The college was founded in 1428 as a Benedictine hostel, in time coming to be known as Buckingham College, before being refounded in 1542 as the College of St Mary Magdalene...
, where he took a first
British undergraduate degree classification
The British undergraduate degree classification system is a grading scheme for undergraduate degrees in the United Kingdom...
in classics
Classics
Classics is the branch of the Humanities comprising the languages, literature, philosophy, history, art, archaeology and other culture of the ancient Mediterranean world ; especially Ancient Greece and Ancient Rome during Classical Antiquity Classics (sometimes encompassing Classical Studies or...
. He became an honorary Fellow at Magdalene in 1977. He was called to the Bar at 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 1937, where he became a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
in 1959 and was Treasurer in 1975.
In the Second World War, he served in the Royal Artillery
Royal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...
in North Africa and the Middle East, becoming a lieutenant colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
.
He resumed his mixed legal practice after the war. He was Chancellor of the Diocese of Ripon from 1954 to 1957, Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Doncaster
Doncaster
Doncaster is a town in South Yorkshire, England, and the principal settlement of the Metropolitan Borough of Doncaster. The town is about from Sheffield and is popularly referred to as "Donny"...
from 1957 to 1958 and Recorder of York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...
from 1958 to 1961. He was appointed Junior Counsel to the Treasury, in 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...
, in 1959.
In 1964, he became a High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judge in 1964 (as Mr Justice Cumming-Bruce), in the Probate, Divorce and Admiralty Division (later the Family Division
Family division
Family division can refer to:* Family Division of the High Court of Justice* divorce* annulment* division of property* alimony* parental responsibility * dysfunctional familyFor an overview, please see family and family law....
) and received the customary knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
hood. He presided over some interesting divorce cases: he granted a divorce to the wife of Tony Hancock
Tony Hancock
Anthony John "Tony" Hancock was an English actor and comedian.-Early life and career:Hancock was born in Southam Road, Hall Green, Birmingham, England, but from the age of three was brought up in Bournemouth, where his father, John Hancock, who ran the Railway Hotel in...
for cruelty and adultery.
Despite a conviction for drunk driving 18 months earlier, he was promoted to the Court of Appeal (as Lord Justice Cumming-Bruce) and joined 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 1977. One of his early appeal cases was Miller v. Jackson
Miller v. Jackson
Miller v Jackson [1977] QB 966 is a famous Court of Appeal case in the torts of negligence and nuisance. The court considered whether the defendant - the chairman of a local cricket club, on behalf of its members - was liable in nuisance or negligence when cricket balls were hit over the boundary...
, in which he joined Lord Denning in ruling that a cricket
Cricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
club could continue to play matches on a village green, even though balls were occasionally hit onto neighbouring properties.
He married Lady Sarah Savile, the youngest daughter of the 6th Earl of Mexborough
Earl of Mexborough
Earl of Mexborough, of Lifford in the County of Donegal, is a title in the Peerage of Ireland. It was created in 1766 for John Savile, 1st Baron Pollington, Member of Parliament for Hedon and New Shoreham...
, in 1955. She predeceased him in 1991. They had a daughter and two sons.
His identical twin brother Francis
Francis Hovell-Thurlow-Cumming-Bruce, 8th Baron Thurlow
Sir Francis Edward Hovell-Thurlow-Cumming-Bruce, 8th Baron Thurlow KCMG , is a retired British diplomat. He is the only surviving former British colonial governor of The Bahamas....
was High Commissioner to New Zealand from 1959 to 1963, High Commissioner to Nigeria from 1963 to 1966, and Governor of The Bahamas
Colonial heads of the Bahamas
This is a list of colonial heads of the Bahamas. The first English settlement in the Bahamas was on Eleuthera. In 1670, the king granted the Bahamas to the Lords Proprietors of the Province of Carolina, but the islands were left to themselves. The local pirates proclaimed a 'Privateers'...
from 1968 to 1972.