The Lord Upjohn | |
|---|---|
 Portrait by Walter Stoneman, 1955 | |
| Lord of Appeal in Ordinary | |
| In office 26 November 1963 –27 January 1971 | |
| Lord Justice of Appeal | |
| In office 1960–1963 | |
| Justice of the High Court | |
| In office 1951–1960 | |
| Personal details | |
| Born | Gerald Ritchie Upjohn 25 February 1903 Wimbledon,Surrey,England |
| Died | 27 January 1971 (aged 67) London,England |
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 KC,he 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. [1]
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 a 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 [1972] AC 83 remained on the docket and Lord Upjohn had already prepared a speech,intending to vote with Lord Reid and Lord Diplock,dismissing the appeal. Lord Reid read Lord Upjohn's speech as a part of his own and in accordance with the presumption in favour of the status quo (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.' [2]
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William John Kenneth Diplock,Baron Diplock,was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later,Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries,he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him,Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law".
Nathaniel Lindley,Baron Lindley,was an English judge.
A resulting trust is an implied trust that comes into existence by operation of law,where property is transferred to someone who pays nothing for it;and then is implied to hold the property for the benefit of another person.
James Scott Cumberland Reid,Baron Reid,was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century.
Richard Orme Wilberforce,Baron Wilberforce,was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982.
McPhail v Doulton[1970] UKHL 1,also known as Re Baden's Deed Trusts is a leading English trusts law case by the House of Lords on the certainty of beneficiaries. It held that so long as any given claimant can clearly be determined to be a beneficiary,or not,a trust is valid. The Lords also remanded the case to the Court of Appeal to be decided on this new legal principle as Re Baden's Deed Trusts.
Photo Production Ltd v Securicor Transport Ltd[1980] UKHL 2 is an English contract law case decided by the House of Lords on construction of a contract and the doctrine of fundamental breach.
Arthur Geoffrey Neale Cross,Baron Cross of Chelsea,PC was a British barrister and judge who served as a Lord of Appeal in Ordinary between 1971 and 1975.
English trust law concerns the protection of assets,usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations,and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf,the Lord Chancellor developed a parallel justice system in the Court of Chancery,commonly referred as equity. Historically,trusts have mostly been used where people have left money in a will,or created family settlements,charities,or some types of business venture. After the Judicature Act 1873,England's courts of equity and common law were merged,and equitable principles took precedence. Today,trusts play an important role in financial investment,especially in unit trusts and in pension trusts. Although people are generally free to set the terms of trusts in any way they like,there is a growing body of legislation to protect beneficiaries or regulate the trust relationship,including the Trustee Act 1925,Trustee Investments Act 1961,Recognition of Trusts Act 1987,Financial Services and Markets Act 2000,Trustee Act 2000,Pensions Act 1995,Pensions Act 2004 and Charities Act 2011.
George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd is a case concerning the sale of goods and exclusion clauses. It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979.
Boardman v Phipps [1966] UKHL 2 is a landmark English trusts law case concerning the duty of loyalty and the duty to avoid conflicts of interest.
Vandervell v Inland Revenue Commissioners [1967] 2 AC 291 is a leading English trusts law case,concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust does not make it so.
Re Vandervell Trustees Ltd [1974] EWCA Civ 7 is a leading English trusts law case,concerning resulting trusts.
Westdeutsche Landesbank Girozentrale v Islington LBC[1996] UKHL 12,[1996] AC 669 is a leading English trusts law case concerning the circumstances under which a resulting trust arises. It held that such a trust must be intended,or must be able to be presumed to have been intended. In the view of the majority of the House of Lords,presumed intention to reflect what is conscionable underlies all resulting and constructive trusts.
Re Gulbenkian’s Settlements Trusts [1968] is an English trusts law case,concerning the certainty of trusts. It held that while the 'is or is not' test was suitable for mere powers,the complete list test remained the appropriate test for discretionary trusts. It was only a year later in McPhail v Doulton that the 'is or is not' test was considered appropriate for discretionary trusts by a different panel of their lordships.
Landmark Cases in Equity (2012) is a book edited by Charles Mitchell and Paul Mitchell,which outlines the key cases in English trusts law and equity.
Re Vandervell Trustees Ltd [1971] AC 912 is a UK tax law case,concerning the ability of the Revenue to amend tax assessments.
R (NFSE) v IRC [1982] AC 617 is a UK constitutional law case,concerning judicial review.
Sir Reginald William Goff,PC was a British judge. He was a Lord Justice of Appeal between 1975 and his death in 1980,when he was known as Lord Justice Goff.