Henry Charles Lopes, 1st Baron Ludlow, (3 October 1828 – 25 December 1899) was a British judge and Conservative Party politician.

Background and education

Ludlow was a younger son of Sir Ralph Lopes, 2nd Baronet, and the uncle of

Henry Lopes, 1st Baron Roborough Henry Yarde Buller Lopes, 1st Baron Roborough (24 March 1859 – 14 April 1938), known as Sir Henry Lopes, 4th Baronet from 1908 to 1938, of Maristow in the parish of Tamerton Foliot, Devon, was a British Conservative Party politician. Life Lo ...

. He was educated at

Winchester Winchester (, ) is a City status in the United Kingdom, cathedral city in Hampshire, England. The city lies at the heart of the wider City of Winchester, a local government Districts of England, district, at the western end of the South Downs N ...

and

Balliol College, Oxford Balliol College () is a constituent college of the University of Oxford. Founded in 1263 by nobleman John I de Balliol, it has a claim to be the oldest college in Oxford and the English-speaking world. With a governing body of a master and aro ...

, and 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 ...

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 association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...

, in 1852.

Political and legal career

Ludlow sat as Member of Parliament for Launceston from 1868 to 1874 and for

Frome Frome ( ) is a town and civil parish in Somerset, England, on uneven high ground at the eastern end of the Mendip Hills and on the River Frome, south of Bath. The population of the parish was 28,559 in 2021. Frome was one of the largest tow ...

from 1874 to 1876. He was also a

Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a newsp ...

Exeter Exeter ( ) is a City status in the United Kingdom, cathedral city and the county town of Devon in South West England. It is situated on the River Exe, approximately northeast of Plymouth and southwest of Bristol. In Roman Britain, Exeter w ...

from 1867 to 1876 and became a

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in 1868. In 1876, he was appointed a Justice of the Common Pleas Division of the

High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...

, a post he held until 1880, and then served as a

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 1885 to 1897. Lopes was knighted in 1876 and sworn of the Privy Council in 1885. In 1897, he was raised to the peerage as Baron Ludlow, of Heywood in the County of Wiltshire.

Judgments

*'' Learoyd v Whiteley''

887 __NOTOC__ Year 887 ( DCCCLXXXVII) was a common year starting on Sunday of the Julian calendar. Events By place Europe * November 17 – East Frankish magnates revolt against the inept emperor Charles III (the Fat) in an assembly ...

UKHL 1, (1887) 12 AC 727 - (Lopes concurring with

Cotton LJ Sir Henry Cotton (20 May 1821 – 22 February 1892) was a British judge. He was a Lord Justice of Appeal from 1877, when he was made a Privy Counsellor, until his retirement in 1890. Early life He was born in Leytonstone. His father William ...

and

Lindley LJ Nathaniel Lindley, Baron Lindley, (29 November 1828 – 9 December 1921) was an English judge. Early life He was the second son of the botanist Dr. John Lindley, born at Acton Green, London. From his mother's side, he was descended from Sir Edw ...

in the Court of Appeal) - the House of Lords affirmed the Court of Appeal decision in this

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 ...

case concerning the

duty of care In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeab ...

owed by a trustee when exercising the power of investment. *''

British South Africa Co v Companhia de Moçambique The Moçambique rule, or (to adopt an Anglicisation, anglicised form of spelling) Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of forei ...

893 __FORCETOC__ Year 893 ( DCCCXCIII) was a common year starting on Monday of the Julian calendar. Events By place Europe * Vladimir, ruler ('' khan'') of the Bulgarian Empire, is dethroned by his father Boris I, with help from loyal ...

AC 602 (Lopes sitting in the Court of Appeal) - the House of Lords overturned Lopes' Court of Appeal decision and by so doing established the ''Mozambique rule'', a

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

rule in

private international law Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictio ...

that renders actions relating to title in foreign land, the right to possession of foreign land, and

trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery ...

to foreign land non-

justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a par ...

in common law jurisdictions. *''

The Satanita ''The Satanita''

897 __NOTOC__ Year 897 ( DCCCXCVII) was a common year starting on Saturday of the Julian calendar. Events By place Europe * Spring – King Lambert II travels to Rome with his mother, Queen Ageltrude and brother Guy IV, Lombard duke ...

AC 59 is an English contract law case, decided in the Court of Appeal (England and Wales), Court of Appeal, which concerned the formation of a contract. It is notable because it stands as an example of a case which does no ...

AC 59 - Contract law case atypical of the conventional offer & acceptance pattern seen in English law. Lopes decision at appeal affirmed by 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 ...

Family

Lord Ludlow married Cordelia Lucy, daughter of Erving Clark, in 1854. They had one son and five daughters. *Hon. Susan Ludlow Cordelia Lopes (30 Jun 1858 – 20 Apr 1938), who married Archibald Bence-Jones (1857-1937). They had one daughter. *Hon. Cordelia Lucy Lopes (1861 - 18 Apr 1945). She married Sir John Alexander Hanham, 9th Baronet. They had two sons, and a daughter. *Hon. Ethel Maud Lopes (27 Oct 1863 - 11 Dec 1943). Unmarried. * Henry Ludlow Lopes, 2nd Baron Ludlow (30 Sep 1865 – 8 Nov 1922). Married twice, but died without issue. *Hon. Ernestine Frances Lopes (13 Aug 1868 - 2 Sep 1938). She married George Lopes (28 Apr 1857 - 3 Oct 1909) in 1897. *Hon. Bertha Susan Lopes (1869 - 6 May 1926), married

Charles Bathurst, 1st Viscount Bledisloe Charles Bathurst, 1st Viscount Bledisloe, (21 September 1867 – 3 July 1958) was a British Conservative politician and colonial governor. He was Governor-General of New Zealand from 1930 to 1935. Early life Bathurst was born in London, the sec ...

. They had two sons, and a daughter. Cordelia died in 1891. Lord Ludlow survived her by eight years and died in December 1899, aged 71. He was succeeded by his only son, Henry.

References

External links

* * * * {{DEFAULTSORT:Ludlow, Henry Lopes, 1st Baron 1828 births 1899 deaths Barons in the Peerage of the United Kingdom Lopes, Henry Lord justices of appeal Conservative Party (UK) MPs for English constituencies UK MPs 1868–1874 UK MPs 1874–1880 UK MPs who were granted peerages Members of the Parliament of the United Kingdom for Launceston

Henry Henry may refer to: People and fictional characters * Henry (given name), including lists of people and fictional characters * Henry (surname) * Henry, a stage name of François-Louis Henry (1786–1855), French baritone Arts and entertainmen ...

English people of Portuguese-Jewish descent Jewish British politicians Members of the Privy Council of the United Kingdom Knights Bachelor Common Pleas Division judges Queen's Bench Division judges Peers of the United Kingdom created by Queen Victoria