James Atkin, Baron Atkin

James Richard Atkin, Baron Atkin, (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 Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth ''née'' Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from 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.Lewis (2004)

James was born at ''Ellandale'' cottage, Tank Street, off North Quay, Brisbane, the eldest of three sons but in 1871, his mother brought him and his siblings back to her own mother's house, "Pantlludw" on the 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. 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.

Atkin attended Friars School, Bangor, and Christ College, Brecon, and won a demyship to Magdalen College, Oxford, where he read classics and '' literae humaniores'', enjoying playing tennis in his leisure time. Atkin was called to the bar by Gray's Inn in 1891 and scoured the London law courts assessing the quality of the advocates so as to decide where to apply for pupillage. He was ultimately impressed by Thomas Scrutton and became his pupil, joining fellow pupils Frank MacKinnon, a future Lord Justice of Appeal, and Robert Wright, another future Law Lord. He took chambers at 3 Pump Court but, as did most beginning barristers at the time, struggled to find work. He shared living accommodation with Arthur Hughes who later married Mary Vivian Hughes whose book ''A London Family 1870–1900'' mentions Atkin. He eventually established a practice in commercial law, in particular in work on behalf of the London Stock Exchange, and became known as a subtle advocate with no need to rely on theatrical effects. His practice grew from about 1900 and made a favourable impression when appearing before the future Prime Minister of the United Kingdom H. H. Asquith who was sitting as an arbitrator. Asquith was so impressed that he secured a pupillage for his own son Raymond at Atkin's chambers. By 1906, ''The Times'' considered him probably the busiest junior at the Bar. In that year Atkin took silk. Once John Hamilton was made a judge in 1909 and Scrutton in 1910, Atkin dominated the commercial Bar.

Judge

He became a judge of the King's Bench division of the High Court in 1913, receiving a knighthood. Work at the King's Bench involved him in criminal cases which had been outside his experience as a barrister but he established a high reputation as a criminal judge. Harold Cooke Gutteridge observed that "at least two of the most experienced Clerks of Assize of the period regarded his as one of the best criminal judges of his generation." Reputedly, Atkin enjoyed his six years at the King's Bench more than any others of his legal career. The following nine at the Court of Appeal he enjoyed the least.

Atkin became a Lord Justice of Appeal in 1919. In the 1920 case of ''Meering v Graham-White Aviation Co Ltd'' Atkin showed his disapproval of unjustified restriction on civil liberties by holding (''obiter'') that a person could sue for false imprisonment even under circumstances where he had been unaware of his imprisonment at the time. Again in 1920, in '' Everett v Griffiths'' Atkin held that Everett was owed a duty of care by 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.

From 1928 until his death he was a Lord of Appeal in Ordinary under the title Baron Atkin, ''of Aberdovey, in the County of Merioneth''.

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.

''Donoghue v Stevenson''

In 1932, as a member of the House of Lords, he delivered the leading judgment in the landmark case of '' 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.

''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 World War II security services to detain aliens.

Commercial law

He also gave the leading judgment in ''Bell v. Lever Brothers Ltd.'', , still the leading authority on common mistake under English law.

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 benchers lacking professional prestige. It was largely through Atkin's efforts, and those of F.E. Smith, that the Inn's prestige was restored. Atkin was himself three times Treasurer, Master of the Library and Master of Moots.

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 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.

The couple had six daughters and two sons, the elder son being killed in World War I. Atkin's daughter Rosaline became a barrister of Gray's Inn. The fourth daughter, Nancy, to her father's delight, became an actress. Nancy made her debut in Liverpool and was discovered and brought to London by Charles Hawtrey and A. A. Milne.Lewis (1983) ''pp'' 11–12 Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader Sir Toby Low, 1st Baron Aldington.

Atkin enjoyed the music hall and in particular the humour of George Robey and Marie Lloyd. He and his wife were fond of entertaining at their succession of town homes in Kensington with musical evenings. In 1912 Atkin realised his ambition of buying a house ''Craig-y-Don'' in Aberdovey and from that time, he spent every summer there with his family. At Aberdovey, Atkin enjoyed tennis, golf and bridge. He was an enthusiast for the literary works of Edgar Wallace. Atkin was President of the London Welsh Trust, which runs the London Welsh Centre, Gray's Inn Road, from 1938 until 1944. Atkin was popular with the community in Aberdovey and was paraded into the village on a hand-drawn cab on his appointment to the High Court. When possible, he sat as a Justice of the Peace in Towyn and Machynlleth, and eventually chaired Merionethshire Quarter Sessions.Lewis (1983) ''p.''14

He died of bronchitis in Aberdyfi where he was buried.

Honours

* Honorary fellowship of Magdalen College, Oxford (1924);
* Fellow of the British Academy (1938);
* Foreign Honorary Member of the American Academy of Arts and Sciences (1939);
* Honorary degrees:
** University of Oxford (1931);
** University of Cambridge (1936);
** University of Reading (1938); and
** University of London (1939).

A plaque was erected in 2012 at the Harry Gibbs Commonwealth Law Courts Building – built upon the land where ''Ellandale'' cottage once stood – commemorating the birthplace of Lord Atkin, placed on the 145th anniversary of his birth and the 80th anniversary of his judgement ''Donoghue v Stevenson''. It was arranged by the TC Beirne School of Law, University of Queensland and the Federal Court of Australia.

Cases

;High Court
* '' Barron v Potter'' 9153 KB 593, small company deadlock

;Court of Appeal
* ''Balfour v Balfour'' 9192 KB 571
* ''Meering v Graham-White Aviation Co Ltd'' (1920) 122 LT 44
* '' Everett v Griffiths'' 9203 KB 163
* ''Rose & Frank Co v JR Crompton & Bros Ltd'' 9232 KB 261, intention to create legal relations in commerce
* '' R v Secretary of State for Home Affairs ex parte O'Brien'' 9232 KB 361, internment of Irish
* ''Russian Commercial and Industrial Bank v Comptoir d'Estcompte de Mulhouse'' 9232 KB 630, compensation for nationalisation by Russia of banks
* '' Rowland v Divall'' 9232 KB 500, failure of consideration
* '' National Provincial Bank v Charnley'' 9241 KB 431, meaning of a security interest
* '' Glassbrook Bros v Glamorgan County Council'' 925AC 270, dissenting in the Court of Appeal, liability of employer to pay for police protection
* '' Tournier v National Provincial and Union Bank of England'' 9241 KB 461

;House of Lords and Privy Council
* '' France v James Coombes & Co'' 929AC 496, definition of employee and inequality of bargaining power under section 8 of the Trade Boards Act 1909
* '' Bell v Lever Brothers Ltd'' 932AC 161, common mistake
* ''Donoghue v Stevenson'' 932AC 562, negligence
* '' Maritime National Fish Ltd v Ocean Trawlers Ltd'' UKPC_1
_frustration
*_''Woolmington_v_DPP.html" ;"title="935
UKPC 1
frustration
* ''Woolmington v DPP">935
UKPC 1
frustration
* ''Woolmington v DPP'' [1935] UKHL 1, presumption of innocence
* ''Way v Latilla'' [1937] 3 All ER 759
* ''Wilsons and Clyde Coal Ltd v English'' [1937] UKHL 2
* Labour Conventions Reference [1937] AC 326, Canadian federalism
* '' Reference re Alberta Statutes'' 938UKPC 46, striking down Alberta laws on social credit
* ''Vita Food Products Inc v Unus Shipping Co Ltd'' 939UKPC 7
* '' Nokes v Doncaster Amalgamated Collieries Ltd'' 940AC 1014, no transfer of employment contract without the employee's consent
* ''Southern Foundries (1926) Ltd v Shirlaw'' 940AC 701, implied terms
* '' United Australia Ltd v Barclays Bank Ltd'' 941AC 1, administrative law
* '' Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd'' 942UKHL 4, frustration and failure of consideration
* '' Liversidge v Anderson'' 942AC 206

Notes

;Secondary sources
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External links

Parliamentary Archives, Papers of James Richard Atkin, Baron Atkin of Aberdovey (1867–1944)

{{DEFAULTSORT:Atkin, James Richard
1867 births
1944 deaths
People educated at Friars School, Bangor
Alumni of Magdalen College, Oxford
Law lords
20th-century English judges
People from Brisbane
Australian people of Irish descent
Australian people of Welsh descent
Australian life peers
Members of Gray's Inn
People educated at Christ College, Brecon
Welsh barristers
Welsh Anglicans
Deaths from bronchitis
Queen's Bench Division judges
Members of the Judicial Committee of the Privy Council
Fellows of the American Academy of Arts and Sciences
Fellows of the British Academy
Knights Bachelor
Members of the Privy Council of the United Kingdom
19th-century Welsh lawyers
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Lords Justices of Appeal
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