The Swynfen (or Swinfen) will case was a series of

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national id ...

trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...

s over the will of Samuel Swynfen that ran from 1856 to 1864 and raised important questions of

ethics Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns ...

in the

legal profession Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. It is difficult t ...

The case

Samuel Swynfen of Swinfen Hall, Staffordshire died in 1854 and, in his will, left £60,000 (around £ in present-day terms) to his widowed daughter-in-law Patience Swynfen. But Samuel possessed another large

estate Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representat ...

that was not mentioned in his will. Patience claimed that too.Kingston (1923) However, Frederick Hay Swynfen, Samuel's nephew, also claimed the estate.

Litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

followed with eminent barristers Sir Frederick Thesiger representing Patience and

Sir Alexander Cockburn Sir Alexander James Edmund Cockburn, 12th Baronet (24 September 1802 – 20 November 1880) was a British jurist and politician who served as the Lord Chief Justice for 21 years. He heard some of the leading ''causes célèbres'' of the ninet ...

the nephew. Contrary to Patience's instructions, Thesiger negotiated a settlement with Cockburn and put it to the judge. Patience was furious and succeeded in having the agreement set aside and a new trial listed. Dismissing Thesiger, Patience instructed a young and little known barrister named Charles Rann Kennedy, promising to pay him £20,000 (around £ in present-day terms) if he succeeded in her cause. Spurred by the incentive and the fact that he was engaged in a sexual relationship with Patience, Kennedy won the estate. However, she went on to marry a Charles Broun and then to declare that she had no intention of paying Kennedy. Kennedy sued and won, but his claim was overturned on appeal on the grounds that his contingency fee agreement under another name offended ancient prohibitions on

champerty and maintenance Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: *Maintenance is the intermeddling of a disinterested party to encourage a lawsuit. It is: "A taking in hand, a bearing up or upholdin ...

. In the case of '' Kennedy v. Broun'', Sir

William Erle William is a masculine given name of Norman French origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conq ...

CJ held that the relationship between client and barrister was not a

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to ...

. Patience now sued Thesiger over his original professional misconduct. Further, she alleged that Sir

Cresswell Cresswell Sir Cresswell Cresswell, PC (20 August 1794 – 29 July 1863), born Cresswell Easterby, was an English lawyer, judge and Tory politician. As a judge in the newly created divorce court, Cresswell did much to start the emergence of modern family ...

, the judge in the original trial, had induced Thesiger's agreement to a settlement by suggesting that he had formed an unfavourable opinion of Patience's case. Her claim was unsuccessful.Pue (1990) ''pp''63-75

References

Bibliography

* *{{cite journal , title=Moral panic at the English Bar: Paternal vs. commercial ideologies of legal practice in the 1860s , author=Pue, W. W. , journal=Law and Social Inquiry , volume=15 , year=1990 , pages=49–118 , doi=10.1111/j.1747-4469.1990.tb00275.x , issue=1, s2cid=145788677 Swynfen Inheritance Legal ethics 1856 in case law 19th century in England English case law English law articles needing infoboxes 1856 in British law