Lord Upjohn

Gerald Ritchie Upjohn, Baron Upjohn, CBE, PC, DL (25 February 1903 – 27 January 1971) was a British soldier and judge.

Biography

The younger son of William Henry Upjohn KC, he served in the Welsh Guards during the Second World War, reaching the rank of brigadier. In 1948, he sat with Sir George Lynskey and Sir Godfrey Vick on the Lynskey tribunal. Appointed to the Privy Council in 1960, he was Lord Justice of Appeal from 1960 to 1963. On 26 November 1963 he became a Lord of Appeal in Ordinary and was made additionally a life peer by the style title Baron Upjohn, of Little Tey in the County of Essex.

While a Lord of Appeal in Ordinary he contributed to a number of significant cases. Three cases of particular importance are Boardman v Phipps 9672 AC 46 (giving a powerful dissent), Vandervell v IRC 9672 AC 291 (where he gave a majority speech) and In re Gulbenkian's Settlements 970AC 508.

An interesting problem arose on Lord Upjohn's death. The Judicial Committee of the House of Lords would ideally sit with an odd number of judges, to ensure a clear decision. Lord Upjohn's death raised the problem of an equally divided Appellate Committee. '' Kennedy v Spratt'' 972AC 83 remained on the docket and Lord Upjohn had already prepared a speech, intending to vote with Lord Reid and Lord Diplock, dismissing the appeal. Lord Reid read Lord Upjohn's speech as a part of his own and in accordance with the presumption in favour of the status quo (semper pracsumitur pro negante), the appeal was dismissed. It has been pointed out that, 'had Lord Upjohn been in favour of allowing the appeal, the application of the principle
would have produced a disgruntled appellant whose victory had been snatched from under his nose: it may well be that such manifest injustice would have led to the case being reargued before a reconstituted court.'

Notable cases

As Counsel

* Eaves v. Eaves 939Ch. 1000
* Re Diplock 948Ch. 465
* Ministry of Health v Simpson 951A.C. 251

As Upjohn J

* Copeland v Greenhalf 952Ch 488
* Thompson (WL) Ltd v Robinson (Gunmakers) Ltd, 955Ch 177
* Merricks v. Heathcote Amory 955Ch. 567

In the Court of Appeal

* '' Hong Kong Fir v Kawasaki'' 9622 QB 26;
* '' In Re Pauling's Settlement Trusts'' 964Ch. 303
* ''Car and Universal Finance Co Ltd v Caldwell'' 9651 QB 525
* ''Boulting v Association of Cinematograph, Television and Allied Technicians'' 9632 QB 606

In the Privy Council

* Paradise Beach and Transportation Co Ltd v Price-Robinson 968AC 1072

In the House of Lords

* Practice Statement (Judicial Precedent) 9661 WLR 1234
* Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale 9671 A.C. 361
* Boardman v Phipps 9672 AC 46
* Vandervell v IRC 9672 AC 291
* Beswick v Beswick 968AC 58
* C Czarnikow Ltd v Koufos or The Heron II 9691 AC 350
* In re Gulbenkian's Settlements 970AC 508
* Pettitt v. Pettitt 970A.C. 777
* Redland Bricks Ltd. v. Morris 970A.C. 652
* ''Bushell v Faith'' 970AC 1099

Arms

References

{{DEFAULTSORT:Upjohn, Gerald
1903 births
1971 deaths
Welsh Guards officers
British Army personnel of World War II
Commanders of the Order of the British Empire
Upjohn
Members of the Privy Council of the United Kingdom
Members of the Judicial Committee of the Privy Council
Knights Bachelor