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 John Lindley FRS (5 February 1799 – 1 November 1865) was an English botanist, gardener and orchidologist. Early years Born in Catton, near Norwich, England, John Lindley was one of four children of George and Mary Lindley. George Lindley w ...

, 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, 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 1 ...

and

University of Cambridge , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...

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 ...

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 I ...

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 ...

'', 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, later

Chief Justice of Bengal The Supreme Court of Judicature at Fort William in Calcutta, was founded in 1774 by the Regulating Act of 1773. It replaced the Mayor's Court of Calcutta and was British India's highest court from 1774 until 1862, when the High Court of Calc ...

, and Frederick Pollock. He took silk 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 omniprese ...

and

equity Equity may refer to: Finance, accounting and ownership *Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the diff ...

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 A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the G ...

. 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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...

and was sworn of the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mo ...

. In 1897, Lord Justice Lindley succeeded Lord Esher 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 Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House o ...

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 ...

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 Nor ...

. 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

, near Norwich, in 1921. They had nine children, including diplomat Sir Francis Oswald Lindley and the army officer Major-General

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 ''Allen v Gold Reefs of West Africa Ltd'' 9001 Ch 656 is a UK company law case concerning alteration of a company's articles of association. It held that alterations could not be interfered with by the court unless the change that had been made w ...

'' 9001 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 ...

'' 904AC 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'' (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 ...

'' 897AC 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. Facts Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superior of a Protestant religious order named "S ...

'' (1887) 36 Ch D 145 *''

Byrne v Van Tienhoven ''Byrne & Co v Leon Van Tien Hoven & Co'' 8805 CPD 344 is a leading English contract law case on the issue of revocation in relation to the postal rule. In it Lindley J of the High Court's Common Pleas Division ruled that an offer is only r ...

'' 8805 CPD 344 *'' Carlill v Carbolic Smoke Ball Company'' EWCA_Civ_1
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[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 pr ...

'' (Lindley sitting in the Court of Appeal)

884 __NOTOC__ Year 884 ( DCCCLXXXIV) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * March 1 – Diego Rodríguez Porcelos, count of Castile, founds and repo ...

UKHL 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 Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in '' Currie v Misa'' declar ...

*''

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'' (1904)

Tort

*''

Quinn v Leathem ''Quinn v Leathem'' [1901UKHL 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 ...

901 __NOTOC__ Year 901 ( CMI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * February – King Louis III (the Blind) is crowned as Holy Roman Emperor by ...

AC 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 Knox may refer to: Places United States * Fort Knox, a United States Army post in Kentucky ** United States Bullion Depository, a high security storage facility commonly called Fort Knox * Fort Knox (Maine), a fort located on the Penobscot River ...

'' (1872) *'' In re Addlestone Linoleum Co'' (1887) 37 Ch D 191 *'' South Hetton Coal Co v Haswell, Shotton and Easington Coal and Coke Co''

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) a ...

1 Ch. 465 *'' Taff Vale Railway Co v Amalgamated Society of Railway Servants''

AC 426 *'' Scottish Free Church case'' 904AC 515 *'' Shepheard v Broome'' 904AC 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: * *

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