Gerald Ritchie Upjohn, Baron Upjohn,

CBE 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 ...

, PC, 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

Welsh Guards The Welsh Guards (WLSH GDS; ), part of the Guards and Parachute Division, Guards Division, is one of the Foot guards, Foot Guards regiments of the British Army. It was founded in 1915 as a single-battalion regiment, during the World War I, First ...

during 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 ...

, reaching the rank of

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 ...

. In 1948, he sat with Sir George Lynskey and Sir Godfrey Vick on the

Lynskey tribunal The Lynskey tribunal was a British government inquiry, set up in October 1948 to investigate rumours of possible corruption in the Board of Trade. Under the chairmanship of a High Court judge, Sir George Lynskey, it sat in November and Dece ...

. Appointed to the Privy Council in 1960, he was

Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Just ...

from 1960 to 1963. On 26 November 1963 he became 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 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. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...

by the style title Baron Upjohn, of Little Tey in the County of

Essex Essex ( ) is a Ceremonial counties of England, ceremonial county in the East of England, and one of the home counties. It is bordered by Cambridgeshire and Suffolk to the north, the North Sea to the east, Kent across the Thames Estuary to the ...

. While a

he contributed to a number of significant cases. Three cases of particular importance are

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 ...

967 Year 967 ( CMLXVII) was a common year starting on Tuesday of the Julian calendar. Events By place Europe * Spring – Emperor Otto I (the Great) calls for a council at Rome, to present the new government under Pope John XIII. He ...

2 AC 46 (giving a powerful dissent), Vandervell v IRC

2 AC 291 (where he gave a majority speech) and In re Gulbenkian's Settlements

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 508. An interesting problem arose on Lord Upjohn's death. The Judicial Committee of 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 ...

would ideally sit with an odd number of judges, to ensure a clear decision. Lord Upjohn's death raised the problem of an equally divided Appellate Committee. '' Kennedy v Spratt''

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 83 remained on the docket and Lord Upjohn had already prepared a speech, intending to vote with Lord Reid and

Lord Diplock William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in ...

, dismissing the appeal. Lord Reid read 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.'

Notable cases

As Counsel

* Eaves v. Eaves

939 Year 939 ( CMXXXIX) was a common year starting on Tuesday of the Julian calendar. Events By place Europe * Hugh the Great, count of Paris, rebels against King Louis IV ("d'Outremer") and gains support from William I, duke of Normandy ...

Ch. 1000 *

Re Diplock ''Re Diplock'' or ''Chichester Diocesan Fund and Board of Finance Inc v Simpson'' 944AC 341 is an English trusts law and unjust enrichment case, concerning tracing and an action for money had and received. Facts Various charities, including the ...

948 Year 948 ( CMXLVIII) was a leap year starting on Saturday of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Hamdanid forces under Sayf al-Dawla raid into Asia Minor. The Byzantines respond with reprisa ...

Ch. 465 * Ministry of Health v Simpson

951 Year 951 (Roman numerals, CMLI) was a common year starting on Wednesday of the Julian calendar. Events By place Europe * King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He reorganizes the territorie ...

A.C. 251

As Upjohn J

* Copeland v Greenhalf

952 Year 952 (Roman numerals, CMLII) was a leap year starting on Thursday of the Julian calendar. Events By place Europe * Summer – At the Imperial Diet (Holy Roman Empire), Reichstag in Augsburg (assembled by King Otto I (Holy Roman ...

Ch 488 * Thompson (WL) Ltd v Robinson (Gunmakers) Ltd,

955 Year 955 ( CMLV) was a common year starting on Monday of the Julian calendar. Events By place Europe * August 10 – Battle of Lechfeld: King Otto I ("the Great") defeats the Hungarians (also known as Magyars) near Augsburg (Germa ...

Ch 177 * Merricks v. Heathcote Amory

Ch. 567 *

Halsall v Brizell ''Halsall v Brizell'' 957Ch 169 is an English land law case, concerning the enforceability of a positive covenant, that is required positive obligations, in this case the obligation to pay money for upkeep and repair. Facts Homebuyers on a Liv ...

957 Year 957 ( CMLVII) was a common year starting on Thursday of the Julian calendar. Events By place Europe * September 6 – Liudolf, the eldest son of King Otto I, dies of a violent fever near Pombia (it is rumored from a laten ...

Ch 169

In the Court of Appeal

* '' Hong Kong Fir v Kawasaki''

962 Year 962 ( CMLXII) was a common year starting on Wednesday of the Julian calendar. Events By place Byzantine Empire * December – Arab–Byzantine wars – Sack of Aleppo: A Byzantine expeditionary force under General Nike ...

2 QB 26; * '' In Re Pauling's Settlement Trusts''

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. 303 * '' Car and Universal Finance Co Ltd v Caldwell''

965 Year 965 ( CMLXV) was a common year starting on Sunday of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II conquers the fortress cities of Tarsus and Mopsuestia. The Muslim resid ...

1 QB 525 * '' Boulting v Association of Cinematograph, Television and Allied Technicians''

963 Year 963 (Roman numerals, CMLXIII) was a common year starting on Thursday of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 39, probably of poison administered by his wife, Emp ...

2 QB 606

In the Privy Council

* Paradise Beach and Transportation Co Ltd v Price-Robinson

968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (the son of Tsar Peter I of Bulgaria), wi ...

AC 1072

In the House of Lords

Practice Statement (Judicial Precedent) The Practice Statement

966 Year 966 (Roman numerals, CMLXVI) was a common year starting on Monday of the Julian calendar. Events By place Byzantine Empire * 23 June - Arab-Byzantine Wars, Byzantine-Arab War: Arab-Byzantine prisoner exchanges, A prisoner excha ...

3 All ER 77 was a statement made in the House of Lords by Gerald Gardiner, Baron Gardiner, Lord Gardiner LC on 26 July 1966 on behalf of himself and the Lords of Appeal in Ordinary, that they would depart from precede ...

1 WLR 1234 *

Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale ''Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale'' 9671 AC 361 is a landmark English contract law decision of the House of Lords, concerning the notions of fundamental breach of contract and inequality of bargaining p ...

1 A.C. 361 *

2 AC 46 * Vandervell v IRC

2 AC 291 *

Beswick v Beswick was a landmark English contract law case on privity of contract and specific performance. The House of Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent ...

AC 58 * C Czarnikow Ltd v Koufos or

The Heron II ''C Czarnikow Ltd v Koufos'' or ''The Heron II'' 9691 AC 350 is an English contract law case, concerning remoteness of damage. The House of Lords held that the " remoteness" test, as a limit to liability, is, in contract, more restrictive than i ...

969 Year 969 ( CMLXIX) was a common year starting on Friday of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th year of the 10th century, and the 10th ...

1 AC 350 * In re Gulbenkian's Settlements

AC 508 * Pettitt v. Pettitt

A.C. 777 * Redland Bricks Ltd. v. Morris

A.C. 652 * ''

Bushell v Faith ''Bushell v Faith'' 970AC 1099 is a UK company law case, concerning the possibility of weighting votes, and the relationship to section 184 of Companies Act 1948 (the predecessor of s 168 of the Companies Act 2006) which mandates that director ...

AC 1099

Arms

References

{{DEFAULTSORT:Upjohn, Gerald 1903 births 1971 deaths Welsh Guards officers British Army brigadiers of World War II Commanders of the Order of the British Empire

Upjohn The Upjohn Company was an American pharmaceutical manufacturing firm (est. 1886) in Hastings, Michigan, by Dr. William E. Upjohn, an 1875 graduate of the University of Michigan medical school. The company was originally formed to make ''friable ...

Members of the Privy Council of the United Kingdom Members of the Judicial Committee of the Privy Council Knights Bachelor People from Wimbledon, London Military personnel from the London Borough of Merton