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 Edward Coke
''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...
. He was educated at University College School
("Slowly but surely")
, established =
, closed =
, type = Public schoolIndependent day school
, religion =
, president =
, head_label = Headmaster
, head = Mark Beard
, r_head_label =
, r_he ...
, and studied for a time at University College London
, mottoeng = Let all come who by merit deserve the most reward
, established =
, type = Public research university
, endowment = £143 million (2020)
, budget = ...
, and the University of Edinburgh
The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...
and University of Cambridge
The University of Cambridge is a public collegiate research university in Cambridge, England. Founded in 1209 and granted a royal charter by Henry III in 1231, Cambridge is the world's third oldest surviving university and one of its most pr ...
in 1898 and achieved Doctor of Civil Law
Doctor of Civil Law (DCL; la, Legis Civilis Doctor or Juris Civilis Doctor) is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws (LLD) degrees.
At Oxford, the degree is a higher ...
in University of Oxford
, mottoeng = The Lord is my light
, established =
, endowment = £6.1 billion (including colleges) (2019)
, budget = £2.145 billion (2019–20)
, chancellor ...
in 1903.[
]
Legal career
He was called to the bar at the Middle Temple
The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn ...
in 1850,[ and began practice in the ]Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equ ...
. In 1855 he published ''An Introduction to the Study of Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
'', consisting of a translation of the general part of Thibaut Thibaut is a name of French origin, a form of Theobald.
Surname
* Anton Friedrich Justus Thibaut (17721840), German jurist
* Bernhard Friedrich Thibaut (17751832), German mathematician
* François Thibaut (born 1948), American educator
* Georg ...
's ''System des Pandekten Rechts'', with copious notes. In 1860 he published in two volumes his ''Treatise on the Law of Partnership, including its Application to Joint Stock
A joint-stock company is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares (certificates of ownership). Shareholders a ...
and other Companies'', and in 1862 a supplement including the Companies Act 1862
The Companies Act 1862 (25 & 26 Vict. c.89) was an Act of the Parliament of the United Kingdom regulating UK company law, whose descendant is the Companies Act 2006.
Provisions
*s 6 'Any seven or more persons associated for any lawful purpose may ...
. This work has since been developed into two textbooks well known to lawyers as ''Lindley on Companies'' and ''Lindley on Partnership''.[ Among his pupils were ]Francis William Maclean
Sir Francis William Maclean (13 December 1844 – 11 November 1913) was an English barrister and Liberal Party politician
who sat in the House of Commons from 1885 to 1891.
Maclean was the third son of Alexander Maclean, of Barrow Hedges, Cars ...
, later Chief Justice of Bengal, and Frederick Pollock.
He took silk
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 or a ...
in February 1872. In 1874 he was elected a bencher of the Middle Temple, of which he was treasurer in 1894[
]
Judicial career
In 1875, he was appointed to be a Serjeant-at-law
A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...
and a Justice of the Court of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, the appointment of a chancery barrister to a common-law court being justified by the fusion of 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 ...
and equity then shortly to be brought about, in theory at all events, by the Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supr ...
.
In 1875, he was knighted. In 1880 he became a justice of the Queen's Bench and in 1881 he was raised to be a Lord Justice of the Court of Appeal[ and was sworn of the Privy Council.][
In 1897, Lord Justice Lindley succeeded ]Lord Esher
Viscount Esher, of Esher in the County of Surrey, is a title in the Peerage of the United Kingdom. It was created on 11 November 1897 for the prominent lawyer and judge William Brett, 1st Baron Esher, upon his retirement as Master of the Rolls ...
as Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of ...
,[ and in 1900 he was made a Lord of Appeal in Ordinary] with a life peerage
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages A ...
and the title of Baron Lindley, of East Carleton
East Carleton is a village and civil parish in the English county of Norfolk. The village is located east of nearby Wymondham and south-west of Norwich.
History
East Carleton's name is of Anglo-Saxon and Viking origin and derives from an amal ...
in the County of Norfolk
Norfolk () is a ceremonial and non-metropolitan county in East Anglia in England. It borders Lincolnshire to the north-west, Cambridgeshire to the west and south-west, and Suffolk to the south. Its northern and eastern boundaries are the No ...
. He resigned the judicial post in 1905.[
Prior to the 1875 reforms, the appointment of serjeants-at-law had already declined, but common law judges could only be appointed from amongst the serjeants-at-law, so it was customary for any appointee who was not yet a serjeant to be appointed a serjeant immediately prior to being appointed a judge. As the requirement for common law judges to be serjeants was abolished shortly after, Lord Lindley became the last ]serjeant-at-law
A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law (''servientes ad legem''), or Sergeant-Counter, was centuries old; there are wri ...
appointed, and the last judge to wear the serjeant's coif, or rather the black patch representing it, on the judicial wig.[
Mount Lindley in Antarctica is named after him.
]
Family
He married Sarah Katharine, daughter of Edward John Teale of Leeds, on 5 Aug 1858.[ He died at home in ]East Carleton
East Carleton is a village and civil parish in the English county of Norfolk. The village is located east of nearby Wymondham and south-west of Norwich.
History
East Carleton's name is of Anglo-Saxon and Viking origin and derives from an amal ...
, near Norwich, in 1921. They had nine children, including diplomat Sir Francis Oswald Lindley and the army officer Major-General John Lindley.
Coat of arms
Writing
Lord Lindley published two notable works, ''Lindley on Companies'' and ''Lindley on Partnership''.[ The latter is still published today, as ''Lindley and Banks on Partnership'', now in its 20th edition (2017).
]
Cases
Company law
*'' Allen v Gold Reefs of West Africa Ltd'' 900
__NOTOC__
Year 900 ( CM) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Abbasid Caliphate
* Spring – Forces under the Transoxianian emir Isma'il ibn Ahmad are ...
1 Ch 656
* ''Illingworth v Houldsworth
''Illingworth v Houldsworth'' 904AC 355 (known as or ''Re Yorkshire Woolcombers Association'' in the Court of Appeal) is a UK insolvency law case, concerning the taking of a security interest over a company's assets with a floating charge. In ...
'' 904
__NOTOC__
Year 904 ( CMIV) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* July 29 – Sack of Thessalonica: A Muslim fleet, led by the Greek ren ...
AC 355, on floating charge
A floating charge is a security interest over a fund of changing assets of a company or other legal person. Unlike a fixed charge, which is created over ascertained and definite property, a floating charge is created over property of an ambulato ...
s
*''Isle of Wight Rly Co v Tahourdin
''Isle of Wight Railway Company v Tahourdin'' (1884) LR 25 Ch D 320 is a UK company law case on removing directors under the old Companies Clauses Act 1845. In the modern Companies Act 2006, section 168 allows shareholders to remove of directors ...
'' (1884) LR 25 Ch D 320 - a UK company law
The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary lega ...
case on removing directors under the Companies Clauses Act 1845
A company, abbreviated as co., is a legal entity representing an association of people, whether natural, legal or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared go ...
.
*''Salomon v A Salomon & Co Ltd
is a landmark UK company law case. The effect of the House of Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue th ...
'' 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 22
Contract law
*''Allcard v Skinner
''Allcard v Skinner'' (1887) 36 Ch D 145 is a judicial decision under English law dealing with undue influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It ...
'' (1887) 36 Ch D 145
*'' Byrne v Van Tienhoven'' 880
__NOTOC__
Year 880 (Roman numerals, DCCCLXXX) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Cephalonia: A Byzantine Empire, Byzantine flee ...
5 CPD 344
*''Carlill v Carbolic Smoke Ball Company
''Carlill v Carbolic Smoke Ball Company'' 892EWCA Civ 1is an English contract law decision by the English Court of Appeal">Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral of ...
'' EWCA_Civ_1
_[1893.html" ;"title="892
EWCA Civ 1
[1893">892
EWCA Civ 1
[18931 QB 256, [1892] 2 QB 484 (QBD) - an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms.
*''Creen v Wright'' (1875–76) LR 1 CPD 591
*''Foakes v Beer
is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts. It is a leading case from the House of Lords on the legal concept of consideration. It established the rule that ...
'' (Lindley sitting in the Court of Appeal) 884UKHL 1, 881-85All ER Rep 106, (1884) 9 App Cas 605; 54 LJQB 130; 51 LT 833; 33 WR 233 - a leading case from the House of Lords on the legal concept of consideration
*''Parker v South Eastern Railway
''Parker v South Eastern Railway'' 8772 CPD 416 is a famous English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual term by failing to read the contract but that a party wanting to rely o ...
'' (1877) 2 CPD 416
Property
*''Colls v Home and Colonial Stores
''Colls v Home and Colonial Stores'' 904UKHL 1 is an English tort law case concerning the entitlement to daylight where a right to light exists.
Facts
Home and Colonial Stores owned land at 44 Worship Street, Shoreditch, London EC2. They pr ...
'' (1904)
Tort
*''Quinn v Leathem
''Quinn v Leathem'' 901UKHL 2 is a case on economic tort and is an important case historically for British labour law. It concerns the tort of "conspiracy to injure". The case was a significant departure from previous practices, and was reversed ...
'' 901AC 495
*'' Robinson v Kilvert'' (1889) LR 41 ChD 88
Trusts and equity
*'' Speight v Gaunt'' (1883) 9 App Cas 1
*'' In re Whiteley'' (1886) 33 Ch D 347, 355
Other
*'' Knox v Gye'' (1872)
*''In re Addlestone Linoleum Co
IN, In or in may refer to:
Places
* India (country code IN)
* Indiana, United States (postal code IN)
* Ingolstadt, Germany (license plate code IN)
* In, Russia, a town in the Jewish Autonomous Oblast
Businesses and organizations
* Independ ...
'' (1887) 37 Ch D 191
*'''' 898
__NOTOC__
Year 898 ( DCCCXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place Europe
* January 1 – King Odo I (or Eudes) dies at La Fère (Northern France) af ...
1 Ch. 465
*''Taff Vale Railway Co v Amalgamated Society of Railway Servants
''Taff Vale Railway Co v Amalgamated Society of Railway Servants'' 901AC_426
*''Bannatyne_v_Overtoun.html" ;"title="901UKHL 1 commonly known as the ''Taff Vale case'', is a formative case in UK labour law. It held that, at common law, Trade union, unions could be liable for loss of profits t ...
'' 901AC 426
*''Bannatyne v Overtoun">Scottish Free Church case'' 904
__NOTOC__
Year 904 ( CMIV) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* July 29 – Sack of Thessalonica: A Muslim fleet, led by the Greek ren ...
AC 515
*''Shepheard v Broome'' 904
__NOTOC__
Year 904 ( CMIV) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* July 29 – Sack of Thessalonica: A Muslim fleet, led by the Greek ren ...
AC 342
Books
*Nathaniel Lindley, ''An Introduction to the Study of Jurisprudence; Being a Translation of the General Part of Thibaut’s System des Pandekten Rechts''
William Maxwell, 1855
Notes
References
*
*
Attribution:
*
*
Further reading
*.
External links
*
*
{{DEFAULTSORT:Lindley, Nathaniel Lindley, Baron
1828 births
1921 deaths
Law lords
20th-century English judges
People from Acton, London
People educated at University College School
Serjeants-at-law (England)
Members of the Middle Temple
Queen's Bench Division judges
Masters of the Rolls
Members of the Judicial Committee of the Privy Council
Fellows of the Royal Society
Justices of the Common Pleas
Common Pleas Division judges
Fellows of the British Academy
Members of the Privy Council of the United Kingdom
Knights Bachelor
Life peers created by Queen Victoria
19th-century English judges