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 Sir Ralph Lopes, 2nd Baronet (10 September 1788 – 23 January 1854), of Maristow in the parish of Tamerton Foliot, Devon, was a British Member of Parliament (MP). Lopes was born as Ralph Franco. His uncle, Manasseh Masseh Lopes, an MP and boro ...

, 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 and Balliol College, Oxford, and was called to the Bar,

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 associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...

, 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 eastern Somerset, England. The town is built on uneven high ground at the eastern end of the Mendip Hills, and centres on the River Frome. The town, about south of Bath, is the largest in the Mendip d ...

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 news ...

of Exeter from 1867 to 1876 and became a

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...

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 and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...

, a post he held until 1880, and then served as a Lord Justice of Appeal 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'' 887UKHL 1, (1887) 12 AC 727 - (Lopes concurring with Cotton LF and Lindley LF in the Court of Appeal) - the House of Lords affirmed the Court of Appeal decision in this English trusts law case concerning the

duty of care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establi ...

owed by a trustee when exercising the power of investment. *'' British South Africa Co v Companhia de Moçambique''

893 __FORCETOC__ Year 893 ( DCCCXCIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Vladimir, ruler (''khan'') of the Bulgarian Empire, is dethroned by his fat ...

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 In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

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. This body of law deals with three broad t ...

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, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...

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 party ...

in common law jurisdictions. *''

The Satanita ''The Satanita'' 897AC 59 is an English contract law case, decided in the Court of Appeal, which concerned the formation of a contract. It is notable because it stands as an example of a case which does not fit the typical pattern of offer and a ...

897 __NOTOC__ Year 897 ( DCCCXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – King Lambert II travels to Rome with his mother, Queen Agelt ...

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, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...

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 Lords 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 *Henry (given name) * Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, ...

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