2 LANDMARKS IN LAW
The judicial achievements of Lord Denning
Alfred Thompson, Lord Denning was one of the greatest judges working in the English legal system during the 20th century. Many of his judicial decisions have had a wide impact on many aspects of the law. He became famous for his landmark judgments. He established the principle of equitable estoppel and ensured that the small print on the back of a ticket could not be used by companies to avoid their legal obligations.
Denning also made some controversial judgments that some jurists believe damaged his reputation. Despite strong evidence in their favour, he did not allow an appeal by a group of Irish republicans, known as the Birmingham Six, against their conviction on terrorism charges, on the grounds that, to do so, would indicate the police investigating the crime had been corrupt. The police had, in fact, interfered with the evidence and after a long campaign the men were eventually released. They had been wrongfully imprisoned for more than ten years.
As Master of the Rolls, the most senior judge in
the Civil Division of the Court of Appeal, Denning challenged the principle of stare decisis (judicial binding precedent). He believed that if a rule had been made by the Court of Appeal, it could also be changed by it. In the well-known case of Spartan Steel and Alloys Ltd v Martin and Co [1972] 3 All ER 557, CA Denning did not follow precedent and based his judgment on a thorough analysis of the facts of the case.
In Central London Property Trust Ltd v High
Trees House Ltd [1947] KB 130 Denning appeared to dispute the concept that in a contract there must be consideration. The facts of the case were that the plaintiffs rented out their property, a block of flats in central London, to the defendants at a fixed rent agreed by both parties. After this agreement was made, World War II started and the defendants found it difficult to find tenants for the flats. The plaintiffs promised to cut the annual rent by half. After the war ended, the flats again became fully occupied and the plaintiffs wanted to receive the original rent. The court decided that they were entitled to the full rent but starting only from the end of the war. Denning argued that the plaintiffs’ promise to reduce the rent stopped them from enforcing the original contract, even though the defendants had not given any consideration. This promise estopped, or prevented, the plaintiffs from enforcing their strict legal rights.
Denning adopted his famous common-sense approach in Thornton v Shoe Lane Parking [1971] 1 All ER 686, CA. The plaintiff bought a ticket to park his car in the defendants’ car park. The ticket was issued subject to the conditions displayed on a notice in the car park. These conditions, in very small print, stated that the owners of the car park were not liable for any injuries caused to their customers. The plaintiff was injured, partly as a result of the defendants’ negligence. The court held that the plaintiff was not bound by the conditions. Denning stated that: ‘In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it.’ The defendants could not avoid their duty of care unless they informed their customers about the conditions for parking in a clear and appropriate way.
Denning’s judgments were written in clear and comprehensible English. They were very different from the legalistic language used by many of his fellow judges. The reasons for his decisions could be understood by people who were not lawyers. One of his most famous judgments was in Miller v Jackson [1977] QB 966, CA in what became known as ‘the cricket case’. This involved the traditional English summer sport. A family that had just bought a house next to a cricket ground complained that cricket balls were being hit into their garden and disturbing their right to its peaceful enjoyment. Denning began in the following way:
In summertime village cricket is the delight of
everyone. Nearly every village has its own cricket field where young men play and old men watch. In the village of Linz in County Durham [in the north of England], they have their own ground where they have played these last 70 years … yet now after these 70 years a Judge of the High Court has ordered they must not play there anymore.
Despite the simplicity of his language, the ideas and concepts he expressed were often extremely complex and challenged the rigidity imposed by the common law. Although some of his decisions were overturned by the House of Lords, many of the causes he championed were written into statutes. Examples of these are the right of deserted wives to remain in the marital home, and the concept that a person who makes a negligent misstatement cannot later rely on it.
17
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139
