Sir Richard Baggallay PC (1816 – 1888) was a British barrister, politician, and judge. After serving as

Attorney-General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

under

Benjamin Disraeli Benjamin Disraeli, 1st Earl of Beaconsfield (21 December 1804 – 19 April 1881) was a British statesman, Conservative Party (UK), Conservative politician and writer who twice served as Prime Minister of the United Kingdom. He played a ...

from 1874 to 1875, Baggallay was appointed a Lord Justice of Appeal in Chancery (Lord Justice of Appeal from 1877), serving until his resignation in 1885.

Background and education

Baggallay was one of the sons of Richard Baggallay, of Stockwell, a member of the Merchant Taylors' Company and a significant warehouseman of the

City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...

(d.1870, will sworn at under £30,000). He attended

Gonville and Caius College, Cambridge Gonville and Caius College, commonly known as Caius ( ), is a constituent college of the University of Cambridge in Cambridge, England. Founded in 1348 by Edmund Gonville, it is the fourth-oldest of the University of Cambridge's 31 colleges and ...

where he graduated with a BA in 1839 followed by an MA in 1842. 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 ...

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

, in 1843.

Political and legal career

Bagallay sat as a Conservative Party Member of Parliament (MP) for

Hereford Hereford ( ) is a cathedral city and the county town of the ceremonial county of Herefordshire, England. It is on the banks of the River Wye and lies east of the border with Wales, north-west of Gloucester and south-west of Worcester. With ...

from

1865 Events January * January 4 – The New York Stock Exchange opens its first permanent headquarters at 10-12 Broad near Wall Street, in New York City. * January 13 – American Civil War: Second Battle of Fort Fisher – Unio ...

1868 Events January * January 2 – British Expedition to Abyssinia: Robert Napier, 1st Baron Napier of Magdala, Robert Napier leads an expedition to free captive British officials and missionaries. * January 3 – The 15-year-old Mutsu ...

. He was knighted on 14 December 1868 after losing his seat, but was re-elected in 1870 as MP for Mid Surrey, holding the seat until 1875. He served briefly as

Solicitor-General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...

under

in 1868 and again in 1874, and as

under Disraeli from 1874 to 1875. In 1875, he was sworn of the Privy Council and appointed to the newly established

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 ...

, where he served until his resignation in 1885. He thereafter occasionally sat in the Privy Council until his death in 1888.

Judgments

*'' Parker v South Eastern Railway''

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2 CPD 416 -

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...

exclusion clause Exclusion clauses and limitation clauses are terms in a contract which seek to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous ...

s holding that an individual cannot escape a contractual term by failing to read the contract, but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer. *'' The Household Fire and Carriage Accident Insurance Company (Limited) v Grant'' (1878–79) 4 Ex D 216 - Contract law concerning the " postal rule", and containing an important dissent by Bramwell LJ, who wished to dispose of it. *'' Tamplin v James'' (1880) 15 Ch D 215 (CA), upholding a decision of Baggallay in the first instance; contract law concerning the availability of

specific performance Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically available in the sale of land law, b ...

for a

breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...

induced by mistake. *''

Re Hallett's Estate ''Re Hallett’s Estate'' (1880) 13 Ch D 696 is an English trusts law case, concerning Tracing in English law, asset tracing. Facts Mr Hallett, a solicitor, held bond (finance), bonds for Mrs Cotterill worth £2145 until he wrongfully sold the ...

'' (1880) 13 Ch D 696 -

English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, a ...

concerning asset tracing, Baggallay LJ concurring with Fry LJ. *'' Redgrave v Hurd'' (1881) 20 Ch D 1 - Contract law -

misrepresentation In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' 931Question of law, statement of fact made during negotiations by one party to another, the statement then in ...

, holding that a contract can be rescinded for innocent misrepresentation, even where the represent(ee) had the chance to verify the false statement; Baggallay concurring with Jessel MR. *''

Hutton v West Cork Rly Co ''Hutton v West Cork Railway Co'' (1883) 23 Ch D 654 is a UK company law case, which concerns the limits of a director's discretion to spend company funds for the benefit of non-shareholders. It was decided in relation to employees in the cont ...

'' (1883) 23 Ch D 654 -

UK company law British company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directive (European Union), Directives and court cases, the company is th ...

case concerning the limits of a director's discretion to spend company funds for the (clear) benefit of non-shareholders without a shareholder vote; Baggallay dissenting from the decision of Cotton LJ and Bowen LJ. *'' Smith v Land and House Property Corp'' (1884) 28 Ch D 7 - Contract law case -

, holding that a statement of opinion can represent that one knows certain facts, and can amount to misrepresentation; Baggallay LJ concurring with Bowen LJ

Personal life

He married, on 25 February 1847, Marianne, youngest daughter of Henry Charles Lacy of Withdean Hall, Sussex, by whom he left children. In later years Baggallay suffered from poor health and died while convalescing at 10 Brunswick Square,

Hove Hove ( ) is a seaside resort in East Sussex, England. Alongside Brighton, it is one of the two main parts of the city of Brighton and Hove. Originally a fishing village surrounded by open farmland, it grew rapidly in the 19th century in respon ...

Sussex Sussex (Help:IPA/English, /ˈsʌsɪks/; from the Old English ''Sūþseaxe''; lit. 'South Saxons'; 'Sussex') is an area within South East England that was historically a kingdom of Sussex, kingdom and, later, a Historic counties of England, ...

. He was buried at South Metropolitan Cemetery at Norwood.

Legacy

Aside from certain of his judicial co-decisions and occasional dissents which proved to be of long importance - decisions of the Court of Appeal have binding authority unless and until reshaped at that level, above or by statute - his probate was re-sworn in 1890 leaving assets of .https://probatesearch.service.gov.uk Calendar of Probates and Administrations He left executors as his widow at 55 Queens Gate,

South Kensington South Kensington is a district at the West End of Central London in the Royal Borough of Kensington and Chelsea. Historically it settled on part of the scattered Middlesex village of Brompton. Its name was supplanted with the advent of the ra ...

and three sons, who lived at their houses in Elm Park Road, Chelsea and Onslow Square.

Arms

References

;Attribution

Sources

* Obituary, ''The Times'', 14 November 1888

External links

* {{DEFAULTSORT:Baggallay, Richard 1816 births 1888 deaths Burials at West Norwood Cemetery Attorneys general for England and Wales Solicitors general for England and Wales Lord justices of appeal Conservative Party (UK) MPs for English constituencies UK MPs 1865–1868 UK MPs 1868–1874 UK MPs 1874–1880 Members of the Privy Council of the United Kingdom Knights Bachelor Members of the Judicial Committee of the Privy Council Alumni of Gonville and Caius College, Cambridge People from Lambeth Lawyers from London