- James Atkin, Baron Atkin
James Richard Atkin, Baron Atkin (
November 28 ,1867 -June 25 ,1944 ) was alawyer andjudge ofAustralia n-Welsh origin who practised inEngland and Wales . He always thought of himself as a Welshman.Lewis (2004)]Early life and practice
His parents were Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth "née" Ruck (b. 1842). Robert was from
Kilgariff, County Cork , Mary's father fromNewington, Kent and her mother fromMerioneth , Wales. The couple married in 1864 and soon emigrated to Australia intending to take upsheep farming . However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved toBrisbane where Robert became ajournalist andpolitician . James was born in Brisbane, the eldest of three sons but in 1871, his mother brought him and his siblings back to her own mother's house, "Pantlludw" on theRiver Dovey in Wales. His father died in Australia in the following year. James was much influenced by his grandmother and acquired from her an egalitarian instinct and a distaste for sanctimonious posturing.Atkin attended
Christ College, Brecon and won ademyship toMagdalen College, Oxford where he readclassics and "literae humaniores ", enjoying playingtennis in his leisure time. Atkin wascalled to the bar byGray's Inn in 1891 and scoured theLondon law courts assessing the quality of the advocates so as to decide where to apply forpupillage . He was ultimately impressed by Thomas Scrutton and became his pupil, joining fellow pupils Frank MacKinnon, a futureLord Justice of Appeal , and Robert Wright, another future Law Lord. He took chambers at3 Pump Court but, as did most beginning barristers at the time, struggled to find work. He shared living accommodation with Arthur Hughes who later marriedMary Vivian Hughes whose book "A London Family 1870-1900" mentions Atkin. [Lewis (1983) "p."8] He eventually established a practice incommercial law , in particular in work on behalf of theLondon Stock Exchange , and became known as a subtle advocate with no need to rely on theatrical effects. His practice grew from about 1900 and made a favourable impression when appearing before futurePrime Minister of the United Kingdom H. H. Asquith who was sitting as anarbitrator . Asquith was so impressed that he secured a pupillage for his own son Raymond at Atkin's chambers. By 1906, "The Times " considered him probably the busiest junior at the Bar. In that year Atkin took silk. Once John Hamilton was made a judge in 1909 and Scrutton in 1910, Atkin dominated the commercial Bar. [Lewis (1983) "p."15]Judge
He became a judge of the
King's Bench division of the High Court in 1913. Work at the King's Bench involved him in criminal cases which had been outside his experience as a barrister but he established a high reputation as a criminal judge.Harold Cooke Gutteridge observed that "at least two of the most experienced Clerks of Assize of the period regarded his as one of the best criminal judges of his generation." Reputedly, Atkin enjoyed his six years at the King's Bench more than any others of his legal career. The following nine at the Court of Appeal he enjoyed the least. [Lewis (1983) "pp"16-18]Atkin became a
Lord Justice of Appeal in 1919. In the 1920 case of "Meering v. Graham-White Aviation Co. Ltd" [(1920) 122 LT 44] Atkin showed his disapproval of unjustified restriction oncivil liberties by holding ("obiter") that a person could sue forfalse imprisonment even under circumstances where he had been unaware of his imprisonment at the time. [ cite book | pages="p."331 | author=Giliker, P. & Beckwith, S. | title=Tort | edition=2nd ed. | year=2004 | id=ISBN 0-421-85980-6 ] [ cite book | pages="pp"150-151 | title=Tort Law:Text and Materials | author=Lunney, M. & Oliphant, K. | edition=2nd ed | publisher=Oxford University Press | location =Oxford | year=2003 | id=ISBN 0-19-926055-9 ] Again in 1920, in "Everett v. Griffiths" [ [1920] 3 KB 163, CA] Atkin held that Everett was owed aduty of care by aBoard of Guardians who had detained him as insane on inadequate grounds. However, Lord Justices Scrutton and Bankes held otherwise and their majority prevailed over Atkin's dissenting judgment. [Lewis (1983) "pp"36-37]From 1928 until his death he was a Lord of Appeal in Ordinary under the title Baron Atkin, of Aberdovey in the County of
Merionethshire . Atkin was strongly motivated by his Christian faith and relied on testing the law against the demands ofcommon sense and the interests of the ordinary working man. He came to a settled view early on in hearing a case and, as a Law Lord, his colleagues often found him indefatigable in his opinions and difficult to persuade as to the merits of alternative views."Donoghue v. Stevenson"
In 1932, as a member of the
House of Lords , he delivered the leading judgment in the landmark case of "Donoghue v. Stevenson " concerning the alleged adverse effects from an allegedsnail in a bottle ofginger beer served in a cafe inPaisley . The case established the modern law ofnegligence in the UK and, indirectly, in most of the rest of thecommon law world, with the major exception of theUS ."Liversidge v. Anderson"
He is also remembered for his dissenting judgment in "
Liversidge v. Anderson ", in which he unsuccessfully asserted the courts' right to question the wide discretionary powers of theWorld War II security services to detain aliens.Commercial law
He also gave the leading judgment in "
Bell v. Lever Brothers Ltd. ",as of 2007 , still the leading authority on common mistake under English law.Fact|date=December 2007Gray's Inn
The Inn had been at a low ebb when Atkin joined. It was impoverished, its dinners and functions poorly attended and its
benchers lacking professional prestige. It was largely through Atkin's efforts, and those ofF. E. Smith , that the Inn's prestige was restored. Atkin was himself three times Treasurer, Master of the Library and Master of Moots. [Lewis (1983) "pp"7-8]Private life
Lucy Elizabeth (Lizzie) Hemmant (1867-1939) was the daughter of William, a friend of Atkin's father from Brisbane. She had been born within 12 days and within 100 yards of Atkin. William also subsequently moved to London and was important in helping Atkin to establish his stock exchange contacts. Atkin married Lizzie Hemmant in 1893 after five years'
engagement .The couple had six daughters and two sons, the elder son being killed in
World War I . Atkin's daughter Rosaline became a barrister of Gray's Inn. The fourth daughter, Nancy, to her father's delight, became anactress . Nancy made her debut inLiverpool and was discovered and brought to London by Charles Hawtrey andA. A. Milne .Lewis (1983) "pp"11-12] Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader SirToby Low, 1st Baron Aldington .Fact|date=December 2007Atkin enjoyed the
music hall and in particular the humour ofGeorge Robey andMarie Lloyd . He and his wife were fond of entertaining at their succession of town homes inKensington with musical evenings. In 1912 Atkin realised his ambition of buying a house "Craig-y-Don" inAberdovey and from that time, he spent every summer there with his family. At Aberdovey, Atkin enjoyed tennis,golf and bridge. He was an enthusiast for the literary works ofEdgar Wallace . [Lewis (1983) "p."13] Atkin was popular with the community in Aberdovey and was paraded into the village on a hand-drawn cab on his appointment to the High Court. When possible, he sat as aJustice of the Peace inTowyn andMachynlleth , and eventually chaired MerionethshireQuarter Sessions . [Lewis (1983) "p."14]He died of
bronchitis inAberdyfi where he was buried.Honours
*Honorary fellowship of Magdalen College, Oxford (1924);
*Fellow of the British Academy (1938);
*Honorary degree s:
**University of Oxford (1931);
**University of Cambridge (1936);
**University of Reading (1938); and
**University of London (1939).References
Bibliography
*Atkin, J. R. (1922) "Law for laymen", "
John O'London's Weekly "
*— (1922) "When witnesses fail", "The Detective Magazine "
*— (1929) "Appeals in English Law"
* cite journal | title=Lord Atkin's judicial attitudes and their illustration in commercial law and contract | author=Harding, R. W. | journal=Modern Law Review | volume=27(4) | year=1964 | pages=434–446
* cite book | author=Lewis, G. | year=1983 | title=Lord Atkin | id=ISBN 1-84113-057-5 | publisher=Butterworths | location=London
*— (2004) " [http://www.oxforddnb.com/view/article/30492 Atkin, James Richard, Baron Atkin (1867–1944)] ", "Oxford Dictionary of National Biography ", Oxford University Press, accessed 17 Dec 2007 ODNBsub
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