Wilberforce J
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Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a
Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
from 1964 to 1982.


Early life and career

Born in
Jalandhar Jalandhar () is a city in the state of Punjab, India, Punjab in India. With a considerable population, it ranks as the List of cities in Punjab and Chandigarh by population, third most-populous city in the state and is the largest city in the ...
,
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
, Richard Wilberforce was the son of
Samuel Wilberforce Samuel Wilberforce, Fellow of the Royal Society, FRS (7 September 1805 – 19 July 1873) was an English bishop in the Church of England, and the third son of William Wilberforce. Known as "Soapy Sam", Wilberforce was one of the greatest public sp ...
, ICS, later a judge of the
Lahore High Court The Lahore High Court () is a provincial court house based in Lahore, Punjab, Pakistan. It was established as a high court on 21 March 1882. The Lahore High Court has jurisdiction over the province of Punjab. The High Court's principal seat is ...
, and of Katherine Wilberforce, daughter of John Sheepshanks,
Bishop of Norwich The Bishop of Norwich is the Ordinary (Catholic Church), ordinary of the Church of England Anglican Diocese of Norwich, Diocese of Norwich in the Province of Canterbury. The diocese covers most of the county of Norfolk and part of Suffolk. Th ...
. His grandfather was
Reginald Wilberforce Reginald is a masculine given name in the English language meaning "king". Etymology and history The name Reginald comes from Latin meaning "king" and "ruler" symbolizing authority and leadership. It comes from combining Latin “ rex” meaning ...
, who helped restore British order in Delhi, after the
Indian Rebellion of 1857 The Indian Rebellion of 1857 was a major uprising in India in 1857–58 against Company rule in India, the rule of the East India Company, British East India Company, which functioned as a sovereign power on behalf of the The Crown, British ...
. His great-grandfather was
Samuel Wilberforce Samuel Wilberforce, Fellow of the Royal Society, FRS (7 September 1805 – 19 July 1873) was an English bishop in the Church of England, and the third son of William Wilberforce. Known as "Soapy Sam", Wilberforce was one of the greatest public sp ...
,
Bishop of Winchester The Bishop of Winchester is the diocesan bishop of the Diocese of Winchester in the Church of England. The bishop's seat (''cathedra'') is at Winchester Cathedral in Hampshire. The Bishop of Winchester has always held ''ex officio'' the offic ...
, and his great-great-grandfather was the
abolitionist Abolitionism, or the abolitionist movement, is the political movement to end slavery and liberate enslaved individuals around the world. The first country to fully outlaw slavery was Kingdom of France, France in 1315, but it was later used ...
William Wilberforce William Wilberforce (24 August 1759 – 29 July 1833) was a British politician, philanthropist, and a leader of the movement to abolish the Atlantic slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780 ...
, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the
First World War World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
. He attended five preparatory schools, the last being
Sandroyd School Sandroyd School is an independent co-educational preparatory school for day and boarding pupils aged 2 to 13 in the south of Wiltshire, England. The school's main building is Rushmore House, a 19th-century country house which is surrounded by th ...
. From Sandroyd he went to
Winchester College Winchester College is an English Public school (United Kingdom), public school (a long-established fee-charging boarding school for pupils aged 13–18) with some provision for day school, day attendees, in Winchester, Hampshire, England. It wa ...
in 1920 where Monty Rendall, the headmaster, convinced him to drop Mathematics, in which he excelled, in favour of Classics, to broaden his career options. Wilberforce excelled in his new subject, winning all four top college prizes. From Winchester, Wilberforce entered
New College, Oxford New College is a constituent college of the University of Oxford in the United Kingdom. Founded in 1379 by Bishop William of Wykeham in conjunction with Winchester College as New College's feeder school, New College was one of the first col ...
, where he was a
scholar A scholar is a person who is a researcher or has expertise in an academic discipline. A scholar can also be an academic, who works as a professor, teacher, or researcher at a university. An academic usually holds an advanced degree or a termina ...
, obtaining
First Class Honours The British undergraduate degree classification system is a grading structure used for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied, sometimes with significant var ...
in both
Classical Moderations Honour Moderations (or ''Mods'') are a set of examinations at the University of Oxford at the end of the first part of some degree courses (e.g., Greats or '' Literae Humaniores''). Honour Moderations candidates have a class awarded (hence the ...
(1928) and '' Literae humaniores'' (1930). He won the Craven, Hertford and Ireland scholarships in Classics, as well as the
Eldon Law Scholarship The Eldon Law Scholarship is a scholarship awarded to students from the University of Oxford who wish to study for the English Bar. Applicants must either have obtained a first class honours degree in the Final Honours School, or obtained a dist ...
. In 1932, on his third attempt, Wilberforce was elected a prize fellow of
All Souls College All Souls College (official name: The College of All Souls of the Faithful Departed, of Oxford) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full me ...
; the two other successful candidates that year were
Isaiah Berlin Sir Isaiah Berlin (6 June 1909 – 5 November 1997) was a Russian-British social and political theorist, philosopher, and historian of ideas. Although he became increasingly averse to writing for publication, his improvised lectures and talks ...
and
Patrick Reilly Sir D'Arcy Patrick Reilly, GCMG (17 March 1909 – 6 October 1999) was a British diplomat who served as ambassador to the USSR and France. He held several senior posts and was called "the perfect mandarin." Biography D'Arcy Patrick Reilly was ...
. Wilberforce remained a fellow of the college until his death seventy years later. Moving to London, Wilberforce was called to the Bar by the
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
in 1932. He was the pupil of the renowned Chancery
junior Junior or Juniors may refer to: Aircraft * Ekolot JK-05L Junior, a Polish ultralight aircraft * PZL-112 Junior, a Polish training aircraft * SZD-51 Junior, a Polish-made training and club glider Arts and entertainment Characters * Bowser Jr., ...
Wilfred Hunt; a fellow pupil was
H. L. A. Hart Herbert Lionel Adolphus Hart (; 18 July 190719 December 1992) was a British legal philosopher. One of the most influential legal theorists of the 20th century, he was instrumental in the development of the theory of legal positivism, which wa ...
. Wilberforce joined the chambers of Andrew Clark (today called Wilberforce Chambers) and practised at the Chancery Bar but, lacking family connections, his earnings were meagre, although they began to increase toward the end of the decade.


Wartime service

Fearing that war was inevitable, Wilberforce joined the Army reserves after the
Munich Agreement The Munich Agreement was reached in Munich on 30 September 1938, by Nazi Germany, the United Kingdom, the French Third Republic, French Republic, and the Kingdom of Italy. The agreement provided for the Occupation of Czechoslovakia (1938–194 ...
in 1938. At the outbreak of the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
in 1939, Wilberforce volunteered for service in the
British Army The British Army is the principal Army, land warfare force of the United Kingdom. the British Army comprises 73,847 regular full-time personnel, 4,127 Brigade of Gurkhas, Gurkhas, 25,742 Army Reserve (United Kingdom), volunteer reserve perso ...
, though he was advised against it, and was commissioned into the
Royal Artillery The Royal Regiment of Artillery, commonly referred to as the Royal Artillery (RA) and colloquially known as "The Gunners", is one of two regiments that make up the artillery arm of the British Army. The Royal Regiment of Artillery comprises t ...
. In 1940 he was aide-de-camp to Major-General
Bernard Paget General Sir Bernard Charles Tolver Paget, (15 September 1887 – 16 February 1961) was a British Army officer who served with distinction in the First World War, and then later during the Second World War, when he commanded the 21st Army Group f ...
, who led the British expeditionary force during the Norwegian Campaign. After Norway, Wilberforce held various staff appointments before being posted to the
War Office The War Office has referred to several British government organisations throughout history, all relating to the army. It was a department of the British Government responsible for the administration of the British Army between 1857 and 1964, at ...
where, as a lieutenant colonel, he was put in charge of Army entertainments. In 1944 he was attached to the
Supreme Headquarters Allied Expeditionary Force Supreme Headquarters Allied Expeditionary Force (SHAEF; ) was the headquarters of the Commander of Allies of World War II, Allied forces in northwest Europe, from late 1943 until the end of World War II. US General Dwight D. Eisenhower was the ...
. In 1945 he drafted the
German Instrument of Surrender The German Instrument of Surrender was a legal document effecting the unconditional surrender of the remaining German armed forces to the Allies, ending World War II in Europe. It was signed at 22:43 CET on 8 May 1945 and took effect at 23 ...
which Field Marshal
Wilhelm Keitel Wilhelm Bodewin Johann Gustav Keitel (; 22 September 188216 October 1946) was a German field marshal who held office as chief of the (OKW), the high command of Nazi Germany's armed forces, during World War II. He signed a number of criminal ...
and others signed in Berlin on 8 May. After the German surrender, Wilberforce, by then a
brigadier Brigadier ( ) is a military rank, the seniority of which depends on the country. In some countries, it is a senior rank above colonel, equivalent to a brigadier general or commodore (rank), commodore, typically commanding a brigade of several t ...
, headed the British legal section of the
Allied Control Council The Allied Control Council (ACC) or Allied Control Authority (), also referred to as the Four Powers (), was the governing body of the Allies of World War II, Allied Allied-occupied Germany, occupation zones in Germany (1945–1949/1991) and Al ...
. In 1946–7 he returned to London to serve as Under-Secretary at the Control Office for Germany and Austria. For his wartime service, Wilberforce was appointed an
OBE The Most Excellent Order of the British Empire is a British order of chivalry, rewarding valuable service in a wide range of useful activities. It comprises five classes of awards across both civil and military divisions, the most senior two o ...
and received the American
Bronze Star The Bronze Star Medal (BSM) is a United States Armed Forces decoration awarded to members of the United States Armed Forces for either heroic achievement, heroic service, meritorious achievement, or meritorious service in a combat zone. Wh ...
. He retained the rank of honorary brigadier. While in Berlin, Wilberforce met Yvette Marie Lenoan, a captain in the
French Army The French Army, officially known as the Land Army (, , ), is the principal Army, land warfare force of France, and the largest component of the French Armed Forces; it is responsible to the Government of France, alongside the French Navy, Fren ...
and the daughter of Roger Lenoan, a judge of the '' Cour de Cassation'' posted to Berlin. They married in 1947.


Return to the Bar

Wilberforce returned to the Bar in 1947 when the Control Office for Germany and Austria was abolished. His old chambers had disappeared, forcing him to find new accommodation. His practice was at first very small, and he considered leaving the Bar. He acted for Prince Ernest Augustus of Hanover to be recognized as a British subject under the
Sophia Naturalization Act 1705 The Act for the Naturalization of the Most Excellent Princess Sophia, Electress and Duchess Dowager of Hanover, and the Issue of her Body was an Act of the Parliament of England ( 4 & 5 Ann. c. 16) in 1705. It followed the Act of Settlement 170 ...
. He became a member of the Bar Council in 1951 and was appointed a
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
in 1954. He participated in several
Foreign Office Foreign may refer to: Government * Foreign policy, how a country interacts with other countries * Ministry of Foreign Affairs, in many countries ** Foreign Office, a department of the UK government ** Foreign office and foreign minister * United ...
cases, including Corfu Channel case and the Norwegian
Fisheries case ''United Kingdom v Norway'' 951ICJ 3, also known as the ''Fisheries Case'', was the culmination of a dispute, originating in 1933, over how large an area of water surrounding Norway was Norwegian waters (that Norway thus had exclusive fishing rig ...
in the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
. He was also appointed as the British legal member of the
International Civil Aviation Organization The International Civil Aviation Organization (ICAO ) is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international sch ...
. He was appointed a
Companion of the Order of St Michael and St George The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George, Prince of Wales (the future King George IV), while he was acting as prince regent for his father, King George I ...
for services in relation to the
Warsaw Convention The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention, is an international convention which regulates liability for international carriage of persons, luggage, or ...
in 1956. In the 1950 election, he stood for Kingston upon Hull Central as the
Conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
candidate, in the city formerly represented by his ancestor William Wilberforce, but lost to the incumbent Labour MP
Mark Hewitson Captain Mark Hewitson (15 December 1897 – 27 February 1973) was a British trade union official and Labour Party politician. He was chosen at the last minute to stand for Parliament, and eventually served as a Member of Parliament (MP) for nin ...
.


Judicial career

Wilberforce was appointed to the High Court in 1961 and assigned to the
Chancery Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
, receiving the customary
knighthood A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...
. On 1 October 1964, after only three years' service, he was elevated to the House of Lords as a
Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
, and was made a
life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...
as Baron Wilberforce, ''of the City and County of
Kingston-upon-Hull Kingston upon Hull, usually shortened to Hull, is a historic maritime city and unitary authorities of England, unitary authority area in the East Riding of Yorkshire, England. It lies upon the River Hull at its confluence with the Humber Est ...
''; he was also sworn of the Privy Council. He is the only English judge in recent times to have been appointed to the
House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
directly from the High Court, without having prior served in the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
. Wilberforce served as a Law Lord for 18 years, during which he heard 465 appeals, often giving the leading judgment. He was the Senior Law Lord from 1975 until his retirement in 1982. His decisions were highly regarded and covered multiple areas of the law. He was president of the
Anti-Slavery Society Anti-Slavery Society was a name used by various abolitionist groups including: United Kingdom * Society for Effecting the Abolition of the Slave Trade (1787–1807?), also referred to as the Abolition Society * Anti-Slavery Society (1823–1838) ...
from 1971. In the early 1970s he chaired two inquiries. The first was into power workers' pay in 1971, and found in the workers' favour. The second was set up during the
miners' strike The following is a list of miners' strikes. Miners' strikes are when miners conduct strike actions. See also *List of strikes *History of coal mining in the United States References

{{DEFAULTSORT:Miners' strikes Miners' labor disputes, ...
of 1972; owing to Wilberforce's exceptional effort, it was reported within a week, and recommended pay increases of between £4.50 and £6 to the miners. Wilberforce was
Chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...
of the
University of Hull The University of Hull is a public research university in Kingston upon Hull, a city in the East Riding of Yorkshire, England. It was founded in 1927 as University College Hull. The main university campus is located in Hull and is home to the Hu ...
between 1978 and 1994, High Steward of the University of Oxford from 1967 to 1990, Visitor of Wolfson College from 1974 to 1990 and Visitor of Linacre College from 1983 to 1990.


Famous judgments

Wilberforce gave many important and prescient judgments, including in the following cases:


High Court

*'' Eastham v Newcastle United FC''
964 Year 964 ( CMLXIV) was a leap year starting on Friday of the Julian calendar. Events Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II continues the reconquest of south-eastern Anatolia (modern Turkey). He recaptures Cyp ...
Ch 413 *''
Boardman v Phipps ''Boardman v Phipps'' [1966UKHL 2is a landmark English trusts law case concerning the duty of loyalty and the duty to avoid conflicts of interest. Facts Tom Boardman, Baron Boardman, Mr Tom Boardman was the solicitor of a family trust.See the c ...
''
964 Year 964 ( CMLXIV) was a leap year starting on Friday of the Julian calendar. Events Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II continues the reconquest of south-eastern Anatolia (modern Turkey). He recaptures Cyp ...
1 WLR 993 — duty of loyalty and conflict of interest


House of Lords and Privy Council

*''National Provincial Bank Ltd v Ainsworth'' [1965] AC 1175 *''Barclays Bank Ltd v Quistclose Investments Ltd''
970 Year 970 ( CMLXX) was a common year starting on Saturday of the Julian calendar, the 970th year of the Common Era (CE) and ''Anno Domini'' designations, the 970th year of the 1st millennium, the 70th year of the 10th century, and the 1st year ...
AC 567 – The original consolidation of the 'Quistclose' trust *''
Boys v Chaplin ''Boys v Chaplin'' 971AC 356 is a leading conflict of laws case decided by the House of Lords. Facts The plaintiff, a passenger on a motorcycle, was injured through the negligence of the defendant whose car had hit the motorcycle. The plaintif ...
''
971 Year 971 ( CMLXXI) was a common year starting on Sunday of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) attacks the Bulgarian frontier, perso ...
AC 356 —
conflict of laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict o ...
*''
McPhail v Doulton , also known as ''Re Baden's Deed Trusts (No 1)'' 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 t ...
''
971 Year 971 ( CMLXXI) was a common year starting on Sunday of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) attacks the Bulgarian frontier, perso ...
AC 424 – certainty of objects in trusts *'' Prenn v Simmonds''
971 Year 971 ( CMLXXI) was a common year starting on Sunday of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) attacks the Bulgarian frontier, perso ...
1 WLR 1381 – admissibility of
extrinsic evidence The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract and precluding parties who have reduced their agre ...
in interpretation of contractual terms *''British Railways Board v Herrington''
972 Year 972 ( CMLXXII) was a leap year starting on Monday of the Julian calendar. Events By place Byzantine Empire * Spring – Emperor John I Tzimiskes divides the Bulgarian territories, recently held by the Kievan Rus', into six ...
AC 877 – common law occupier's liability *''
Ebrahimi v Westbourne Galleries Ltd ''Ebrahimi v Westbourne Galleries Ltd'' 973AC 360 is a United Kingdom company law case on the rights of minority shareholders. The case was decided in the House of Lords. Facts Mr Ebrahimi and Mr Nazar were partners. They decided to incorporate ...
''
973 Year 973 ( CMLXXIII) was a common year starting on Wednesday of the Julian calendar. Events By place Byzantine Empire * Spring – The Byzantine army, led by General Melias ( Domestic of the Schools in the East), continues the op ...
AC 360 *''
Howard Smith Ltd v Ampol Petroleum Ltd ''Howard Smith Ltd v Ampol Petroleum Ltd'' is a leading company law case, concerning the duty of directors to act only for "proper purposes". This duty has been codified into the Companies Act 2006 section 171, and arises particularly in cases i ...
''
974 Year 974 ( CMLXXIV) was a common year starting on Thursday of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who has invaded Nordalbingia (modern-day Ho ...
AC 821 *''DPP for Northern Ireland v Lynch''
975 Year 975 ( CMLXXV) was a common year starting on Friday of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor John I raids Mesopotamia and invades Syria, using the Byzantine base at Antioch to pres ...
AC 653 — defence of duress *''
The Diana Prosperity ''The Diana Prosperity'' or ''Reardon Smith Line Ltd v Yngvar Hansen-Tangen and Sanko SS & Co Ltd'[1976] 1 WLR 989is a landmark English contract law case. It heralded a new contextual approach to the interpretation of contracts.The Diana ...
''
976 Year 976 ( CMLXXVI) was a leap year starting on Saturday of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after returning from a second campaign against ...
1 WLR 989 — interpretation of contracts *''
Anns v Merton London Borough Council was a decision of the House of Lords that established a broad test for determining the existence of a duty of care in the tort of negligence, called the Anns test or sometimes the two-stage test for true third-party negligence. The case was ove ...
''
978 Year 978 ( CMLXXVIII) was a common year starting on Tuesday of the Julian calendar. Events By place Byzantine Empire * Battle of Pankaleia: Rebel forces under General Bardas Skleros are defeated by the Byzantine army loyal to Emper ...
AC 728 *''
Johnson v Agnew ''Johnson v Agnew'' 980AC 367 is a landmark English contract law case on the date for assessing damages. Lord Wilberforce decided that the date appropriate is the date of breach, ''or'' when a contracting party could reasonably be aware of a brea ...
''
979 Year 979 (Roman numerals, CMLXXIX) was a common year starting on Wednesday of the Julian calendar. It was the 979th year of the Common Era and the Anno Domini designation, the 979th year of the 1st millennium, the 79th year of the 10th century, ...
1 All ER 883 — assessment of
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at ...
*''
Photo Production Ltd v Securicor Transport Ltd is an English contract law case decided by the House of Lords on construction of a contract and the doctrine of fundamental breach. Facts Photo Productions Ltd engaged Securicor to guard their premises at night. A night-watchman, Mr Musgrove, ...
''
980 Year 980 ( CMLXXX) was a leap year starting on Thursday of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) at Margut, ending the Franco-Germa ...
AC 827 – doctrine of '
fundamental breach Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favour with the House of Lords. Whe ...
' and exclusion clauses *Midland Bank Trust Co Ltd v Green (No 1)
980 Year 980 ( CMLXXX) was a leap year starting on Thursday of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) at Margut, ending the Franco-Germa ...
UKHL 7 (11 December 1980) *''
College of Nursing of the United Kingdom v Department of Health and Social Security (1981) A college (Latin: ''collegium'') may be a tertiary educational institution (sometimes awarding degrees), part of a collegiate university, an institution offering vocational education, a further education institution, or a secondary school ...
'' *''
Williams & Glyn's Bank v Boland ''Williams & Glyn's Bank v Boland'' 980is a House of Lords judgment in English land and trusts law (family co-ownership) on an occupier's potentially overriding interests in a home. Facts Michael Boland and his wife Julia Sheila Boland lived ...
''
981 Year 981 ( CMLXXXI) was a common year starting on Saturday of the Julian calendar. Events By place Europe * Spring – Emperor Otto II (the Red) leads the imperial court to Rome, making the city his imperial capital, and receiv ...
AC 487 —
overriding interest ''For the oil and gas terminology of overriding royalty interest, please'' ''see'' Overriding Royalty Interest. Overriding interest is an English land law concept. The general rule in registered conveyancing is that all interests and rights over a ...
*''
Ramsay v IRC "Ramsay principle" is the shorthand name given to the decision of the House of Lords in two important cases in the field of UK tax, reported in 1982: * ''Ramsay v. IRC'', the full name of which is ''W. T. Ramsay Ltd. v. Inland Revenue Commissio ...
''
982 Year 982 ( CMLXXXII) was a common year starting on Sunday of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Taranto, and proceeds along the gulf coas ...
AC 300 — the ''Ramsay'' principle *''
MPC v Caldwell MPC, Mpc or mpc may refer to: Astronomy * Megaparsec (Mpc), unit of length used in astronomy * Minor Planet Center, Smithsonian Astrophysical Observatory ** ''Minor Planet Circulars'' (MPC, M.P.C. or MPCs), astronomical publication from the Minor ...
''
982 Year 982 ( CMLXXXII) was a common year starting on Sunday of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Taranto, and proceeds along the gulf coas ...
AC 341 – test of recklessness *''
Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH ''Brinkibon Ltd v Stahag Stahl GmbH'' 9832 AC 34 is a landmark decision of the House of Lords on the formation of a contract using modern communication. The Lords largely accepted the earlier leading decision of '' Entores v Miles Far East Co.'' ...
''
983 Year 983 ( CMLXXXIII) was a common year starting on Monday of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byzantine Empire and the Emirate of Sicily ...
2 AC 34 –
contract formation Offer and acceptance are generally recognized as essential requirements for the formation of a contract (together with other requirements such as consideration and legal capacity). Analysis of their operation is a traditional approach in contract ...
by
telex Telex is a telecommunication Telecommunication, often used in its plural form or abbreviated as telecom, is the transmission of information over a distance using electronic means, typically through cables, radio waves, or other communica ...
*''
McLoughlin v O'Brian ''McLoughlin v O'Brian''
983 Year 983 ( CMLXXXIII) was a common year starting on Monday of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byzantine Empire and the Emirate of Sicily ...
1 AC 410 is an English tort law case, decided by the Judicial functions of the House of Lords, House of Lords, dealing with the possibility of recovering for Nervous shock, psychiatric harm suffered as a result o ...
''
983 Year 983 ( CMLXXXIII) was a common year starting on Monday of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byzantine Empire and the Emirate of Sicily ...
1 AC 410 — recovery of damages from
nervous shock In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example a ...
*'' Frazer v Walker and Radomski'' *'' R v Inland Revenue Commissioners, ex parte National Federation of Self-Employed & Small Business Ltd''


Publications

*with Alan Campbell and Neil Elles, ''The Law of Restrictive Practices and Monopolies'' (2nd edn London, Sweet and Maxwell 1966) *''Law and economics: Being the presidential address of the Rt. Hon. Lord Wilberforce'' (Holdsworth Club 1966) * ' ' Reflections on my Life' ' (Private publication, edited an published by his son Sam Wilberforce 2003)


Arms


References


External links


''The Guardian'' obituary
{{DEFAULTSORT:Wilberforce, Richard 1907 births 2003 deaths 20th-century English judges Fellows of All Souls College, Oxford People educated at Sandroyd School People educated at Winchester College Alumni of New College, Oxford Law lords People associated with the University of Hull Members of the Privy Council of the United Kingdom Chancery Division judges Members of the Judicial Committee of the Privy Council Crossbench life peers Senior lords of appeal in ordinary
Richard Richard is a male given name. It originates, via Old French, from compound of the words descending from Proto-Germanic language">Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'st ...
Companions of the Order of St Michael and St George Officers of the Order of the British Empire Royal Artillery officers Members of the Permanent Court of Arbitration English King's Counsel 20th-century King's Counsel Knights Bachelor British judges of international courts and tribunals Conservative Party (UK) parliamentary candidates British Army personnel of World War II British Army brigadiers War Office personnel in World War II Military personnel of British India