Dick Atkin, Baron Atkin

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Lord Justice of Appeal
In office
7 March 1919 – 6 February 1928
Preceded bySir William Pickford
Succeeded bySir John Sankey
Justice of the High Court
In office
30 May 1913 – 7 March 1919
Preceded byNone
Succeeded bySir Arthur Greer
Personal details
Born
James Richard Atkin

Brisbane, Colony of Queensland
Alma materMagdalen College, Oxford

James Richard Atkin, Baron Atkin,

PC, FBA (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson
in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world.

Early life and practice

Atkin was the son of

Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always thought of himself as a Queenslander, and was President of the London Welsh Trust from 1938 to 1944.[1]

James was born at Ellandale cottage, Tank Street, off

River Dovey in Wales. His father died in Brisbane in the following year. James was much influenced by his grandmother and acquired from her an egalitarian instinct and a distaste for sanctimonious posturing.[1] His mother's sister, Amy, was the first wife of Francis Darwin, third son of Charles Darwin and his wife Emma: there is a thank-you letter extant to Charles Darwin from the eleven-year-old Dick.[3]

Atkin attended

took silk. Once John Hamilton was made a judge in 1909 and Scrutton in 1910, Atkin dominated the commercial Bar.[6]

Judge

He became a judge of the

Court of Appeal he enjoyed the least.[9]

Atkin became a

Board of Guardians who had detained him as insane on inadequate grounds. However, Lord Justices Scrutton and Bankes held otherwise and their majority prevailed over Atkin's dissenting judgment.[14]

From 1928 until his death he was a

Merioneth.[15]

An Anglican, Atkin was strongly motivated by his Christian faith and relied on testing the law against the demands of common sense and the interests of the ordinary working man. He came to a settled view early on in hearing a case and, as a Law Lord, his colleagues often found him indefatigable in his opinions and difficult to persuade as to the merits of alternative views.[1]

Donoghue v Stevenson

Main article: Donoghue v Stevenson

In 1932, as a member of the

Donoghue v. Stevenson concerning the alleged adverse effects from an alleged snail in a bottle of ginger beer served in a café in Paisley. The case established the modern law of negligence in the UK and, indirectly, in most of the rest of the common law world, with the major exception of the United States.[1]

Liversidge v. Anderson

Main article: Liversidge v Anderson

He is also remembered for his dissenting judgment in Liversidge v Anderson, in which he unsuccessfully asserted the courts' right to question the wide discretionary powers of the Home Secretary to detain subjects suspected of having 'hostile associations'.

Commercial law

He also gave the leading judgment in

Bell v. Lever Brothers Ltd., as of 2012, still the leading authority on common mistake under English law.[citation needed
]

Gray's Inn

The Inn had been at a low ebb when Atkin joined. It was impoverished, its dinners and functions poorly attended and its

Moots.[16]

Personal life

Lucy Elizabeth (Lizzie) Hemmant (1867–1939) was the daughter of William Hemmant, a friend of Atkin's father from Brisbane. She had been born within 12 days and within 100 yards (91 m) of Atkin. William also subsequently moved to London and was important in helping Atkin to establish his stock exchange contacts. Atkin married Lizzie Hemmant in 1893 after five years' engagement.[1]

The couple had six daughters and two sons, the elder son being killed in

Charles Hawtrey and A. A. Milne.[17] Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader Sir Toby Low, 1st Baron Aldington.[citation needed
]

Atkin enjoyed the

Quarter Sessions.[20]

He died of bronchitis in Aberdyfi where he was buried.[1]

Honours

A plaque was erected in 2012 at the

TC Beirne School of Law, University of Queensland and the Federal Court of Australia
.

Cases

High Court
Court of Appeal
House of Lords and Privy Council

Notes

  1. ^ a b c d e f g h i j k Lewis (2004)
  2. ^ a b "Lord Atkin of Aberdovey". Monument Australia. Retrieved 4 July 2020.
  3. ^ "Darwin Correspondence Project – Letter 12185 – Atkin, J. R., to Darwin, C. R., 7 August [1879]". Retrieved 9 July 2020.
  4. ^ Lewis (1983) p.24
  5. ^ Lewis (1983) p.8
  6. ^ Lewis (1983) p.15
  7. ^ "No. 28723". The London Gazette. 30 May 1913. p. 3832.
  8. ^ "No. 28733". The London Gazette. 1 July 1913. p. 4637.
  9. ^ Lewis (1983), pp. 16–18.
  10. ^ (1920) 122 LT 44
  11. ISBN 0-421-85980-6
    .
  12. ISBN 0-19-926055-9
    .
  13. ^ [1920] 3 KB 163, CA
  14. ^ Lewis (1983) pp36–37
  15. ^ "No. 33356". The London Gazette. 14 February 1928. p. 1045.
  16. ^ Lewis (1983) pp7–8
  17. ^ a b Lewis (1983) pp 11–12
  18. ^ Lewis (1983) p.13
  19. ^ "Our Former Presidents: London Welsh Centre". London Welsh Centre website. London Welsh Centre. 2010. Archived from the original on 20 July 2011. Retrieved 4 February 2011.
  20. ^ Lewis (1983) p.14
  21. ^ "Book of Members, 1780–2010: Chapter A" (PDF). American Academy of Arts and Sciences. Retrieved 27 April 2011.
Secondary sources

External links
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