Gerald Upjohn, Baron Upjohn
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,
DL
(25 February 1903 – 27 January 1971) was a British soldier and judge.
Biography
The younger son of William Henry Upjohn KC, he served in the
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
In re Gulbenkian's Settlements
[1970] AC 508.
An interesting problem arose on Lord Upjohn's death. The Judicial Committee of the
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]
Notable cases
As Counsel
- Eaves v. Eaves [1939] Ch. 1000
- Re Diplock [1948] Ch. 465
- Ministry of Health v Simpson[1951] A.C. 251
As Upjohn J
- Copeland v Greenhalf [1952] Ch 488
- Thompson (WL) Ltd v Robinson (Gunmakers) Ltd, [1955] Ch 177
- Merricks v. Heathcote Amory [1955] Ch. 567
- Halsall v Brizell [1957] Ch 169
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 [1965] 1 QB 525
- Boulting v Association of Cinematograph, Television and Allied Technicians [1963] 2 QB 606
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
- Bushell v Faith [1970] AC 1099
Arms
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References
- ^ "LORD UPJOHN". Parliamentary Debates (Hansard). 4 December 1963.
- ISSN 0026-7961.
- ^ "Upjohn, Baron (Law Lord) (UK, 1963 - 1971)". Cracroft's Peerage.