Robert Wright, Baron Wright
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Robert Alderson Wright, Baron Wright, (15 October 1869 – 27 June 1964) was a British judge. A commercial barrister, he was a Justice of the High Court from 1925 to 1932, when he was directly promoted to the House of Lords as a law lord. Robert Stevens described him as "one of the few significant British appeal judges of the twentieth century."


Early life and career

Born in
South Shields South Shields () is a coastal town in South Tyneside, Tyne and Wear, England. It is on the south bank of the mouth of the River Tyne. Historically, it was known in Roman times as Arbeia, and as Caer Urfa by Early Middle Ages. According to the 20 ...
, Wright was educated at
Trinity College, Cambridge Trinity College is a constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any college at either Cambridge or Oxford. ...
, where he took a First and later held a prize fellowship. He was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1900 by the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
and practiced at the commercial bar, having joined the chambers of Thomas Edward Scrutton. He also lectured on industrial law at the
London School of Economics , mottoeng = To understand the causes of things , established = , type = Public research university , endowment = £240.8 million (2021) , budget = £391.1 milli ...
. He took silk in 1917. At the 1923 General election, he stood as the Liberal candidate in the Darlington constituency. The Liberals, who had not contested the seat at the previous election, were not expected to win and he came last. He did not stand for Parliament again.


Judicial career

In 1925, Wright was appointed to the High Court ( King's Bench Division) as a judge, receiving the customary
knighthood A knight is a person granted an honorary title of 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. Knighthood finds origins in the ...
. On 11 April 1932, he was appointed
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 o ...
and was created additionally 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. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...
with the title Baron Wright, of Durley in the County of Wiltshire. His translation from the High Court directly to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
was unusual, and was masterminded by the Lord Chancellor, the Viscount Sankey. However, he resigned as Lord of Appeal in 1935. becoming instead
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...
, a post he held until 1937, when he was made Lord of Appeal in Ordinary again. He retired in 1947, and was appointed GCMG in 1948. In 1945 he was the Chairman of the United Nations War Crimes Commission.


Cases


As a trial judge

* '' Bell v Lever Brothers Ltd'', in which he was reversed by the House of Lords. *'' Rex v Wallace'' 93123 Cr App R 32, A famous murder case, the verdict being overturned on appeal. *''R v Kylsant & Otrs'', known as the Royal Mail Case.


As an appellate judge

*'' Hillas & Co v Arcos'' UKHL_2
*''The_Liesbosch_v_The_Edison.html" ;"title="932
UKHL 2
*''The Liesbosch v The Edison">932
UKHL 2
*''The Liesbosch v The Edison'' (1933) ‘The law cannot take account of everything that follows a wrongful act’ *''Lindsey County Council v Marshall'' (1936) *''Wilsons and Clyde Coal Company v English'' (1937) give due regard to the actual conditions under which men work in a factory or mine, at the long hours and the fatigue, to the slackening of attention which naturally comes from constant repetition of the same operation, to the noise and confusion in which the man works, to his preoccupation in what he is actually doing at the cost perhaps of some inattention to his own safety. *''
Grant v Australian Knitting Mills ''Grant v Australian Knitting Mills'',; . is a landmark case in consumer and negligence law from 1935, holding that where a manufacturer knows that a consumer may be injured if the manufacturer does not take reasonable care, the manufacturer ...
'' 936AC 85 *'' With v O'Flanagan'' 936Ch 575 *'' Attorney-General for Canada v Attorney-General for Ontario'' (1937), where a panel chaired by Lord Atkin struck down the Canadian New Deal, including the federal social security system and the minimum wage, as he later admitted, Wright dissented. (At that time dissents could not be recorded publicly.) Canada then abandoned appeals to London. *'' Spense v Crawford'' (1939) *'' Lowry v Consolidated African Selection Trust Ltd''
940 Year 940 ( CMXL) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * The tribe of the Polans begins the construction of the following fortified settlements (Gi ...
AC 648, directors' duty to get best price for shares *''
Southern Foundries (1926) Ltd v Shirlaw ''Southern Foundries (1926) Ltd v Shirlaw'' 940AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the " officious ...
''
940 Year 940 ( CMXL) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * The tribe of the Polans begins the construction of the following fortified settlements (Gi ...
AC 701 *'' Luxor (Eastborne) Ltd v Cooper'' (1940) ‘the duty of the court is to construe such documents fairly and broadly, without being too astute or subtle in finding defects’ *''
Liversidge v Anderson ''Liversidge v Anderson'' 942AC 206 is a landmark United Kingdom administrative law case which concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times o ...
'' (1941), while Atkin dissented over the suspension of habeas corpus. *'' Joseph Constantine SS Line Ltd v Imperial Smelting Corp'' (1941) *'' Crofter Hand Woven Harris Tweed Co v Veitch''
942 Year 942 ( CMXLII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – The Hungarians invade Al-Andalus (modern Spain) and besiege the fortress ...
AC 435, a famous statement that workers have the right to strike in support of their interests and to engage in
collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The ...
. *'' Muir v. Glasgow Corporation'', in which he helped clarify the principle of negligence by saying that a duty of care was only breached if somebody did something which was "obviously and inherently dangerous": as the case revolved around a tea-urn, he made the amusing remark that "to introduce a savage animal such as a lion or tiger would be obviously and inherently dangerous, but not a tea-urn" *'' Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd'' 943AC 32, 61, recognising the basis of
unjust enrichment In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make re ...
. "It is clear that any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep." *'' Joyce v DPP'' 946AC 347, the appeal of William Joyce, aka Lord Haw-Haw, against his conviction of Adherence to the King's enemies without the realm under the Treason Act 1351.


Arms


References

*N Duxbury, 'Lord Wright and Innovative Traditionalism' (2009) 59 University of Toronto Law Journal 265–340.


External links

* {{DEFAULTSORT:Wright, Robert 1869 births 1964 deaths Law lords Members of the Privy Council of the United Kingdom Knights Grand Cross of the Order of St Michael and St George Masters of the Rolls Members of the Judicial Committee of the Privy Council Members of the Inner Temple Fellows of the British Academy Fellows of Trinity College, Cambridge Academics of the London School of Economics Knights Bachelor Alumni of Trinity College, Cambridge Queen's Bench Division judges People from South Shields Life peers created by George V