Sir Richard Baggallay PC (1816 – 1888) was a British barrister, politician, and judge. After serving as

Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

under

Benjamin Disraeli Benjamin Disraeli, 1st Earl of Beaconsfield, (21 December 1804 – 19 April 1881) was a British statesman and Conservative politician who twice served as Prime Minister of the United Kingdom. He played a central role in the creation o ...

from 1874 to 1875, Baggallay was appointed a

Lord Justice of Appeal in Chancery The Court of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in the Chancery Court. The appeals in the court were heard by the Lord Chancellor alone, or as a tripartite panel (supplemented by two Lords Justice ...

(Lord Justice of Appeal from 1877), serving until his death in 1883.

Background and education

Baggallay was one of the sons of Richard Baggallay, of

Stockwell Stockwell is a district in south west London, part of the London Borough of Lambeth, England. It is situated south of Charing Cross. Battersea, Brixton, Clapham, South Lambeth, Oval and Kennington all border Stockwell. History The na ...

, a member of the

Merchant Taylors' Company ] The Worshipful Company of Merchant Taylors is one of the 110 Livery company, livery companies of the City of London. The Company, originally known as the ''Guild and Fraternity of St John the Baptist in the City of London'', was founded prio ...

and a significant warehouseman of the

City of London The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London fr ...

(d.1870, will sworn at under £30,000). He attended

Gonville and Caius College, Cambridge Gonville and Caius College, often referred to simply as Caius ( ), is a constituent college of the University of Cambridge in Cambridge, England. Founded in 1348, it is the fourth-oldest of the University of Cambridge's 31 colleges and one of th ...

where he graduated with a BA in 1839 followed by an MA in 1842. He 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 ...

Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...

, in 1843.

Political and legal career

Bagallay sat as a

Conservative Party The Conservative Party is a name used by many political parties around the world. These political parties are generally right-wing though their exact ideologies can range from center-right to far-right. Political parties called The Conservative P ...

Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...

(MP) for

Hereford Hereford () is a cathedral city, civil parish and the county town of Herefordshire, England. It lies on the River Wye, approximately east of the border with Wales, south-west of Worcester and north-west of Gloucester. With a population ...

from

1865 Events January–March * January 4 – The New York Stock Exchange opens its first permanent headquarters at Broad Street (Manhattan), 10-12 Broad near Wall Street, in New York City. * January 13 – American Civil War : Sec ...

1868 Events January–March * January 2 – British Expedition to Abyssinia: Robert Napier leads an expedition to free captive British officials and missionaries. * January 3 – The 15-year-old Mutsuhito, Emperor Meiji of Jap ...

. He was knighted on 14 December 1868 after losing his seat, but was re-elected in 1870 as MP for Mid Surrey, holding the seat until 1875. He served briefly as Solicitor-General under

in 1868 and again in 1874, and as

under Disraeli from 1874 to 1875. In 1875, he 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 mon ...

and appointed to the newly established

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 of t ...

, where he served until his death in 1888.

Judgments

*''

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 ...

'' 8772 CPD 416 -

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

exclusion clause An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limi ...

s holding that an individual cannot escape a contractual term by failing to read the contract, but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer. *''

The Household Fire and Carriage Accident Insurance Company (Limited) v Grant ''The Household Fire and Carriage Accident Insurance Company (Limited) v Grant'' (1878–79) LR 4 Ex D 216 is an English contract law case, which concerns the "postal rule". It contains an important dissenting judgment by Bramwell LJ, who wished ...

'' (1878–79) 4 Ex D 216 - Contract law concerning the "

postal rule The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when com ...

", and containing an important dissent by

Bramwell LJ George William Wilshere Bramwell, 1st Baron Bramwell, (12 June 1808 – 9 May 1892), was an English judge. Early years He was the eldest son of George Bramwell (1773–1858), a partner in the banking firm of Dorrien, Magens, Dorrien, & Mello; h ...

, who wished to dispose of it. *''

Tamplin v James ''Tamplin v James'' (1880) 15 Ch D 215 is an English contract law case concerning the availability of specific performance for a breach of contract induced by mistake. The case established that if a person enters a contract under a mistake tha ...

'' (1880) 15 Ch D 215 (CA), upholding a decision of Baggallay in the first instance; contract law concerning the availability of

specific performance Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, ...

for a

breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...

induced by mistake. *''

Re Hallett's Estate ''Re Hallett’s Estate'' (1880) 13 Ch D 696 is an English trusts law case, concerning asset tracing. Facts Mr Hallett, a solicitor, held bonds for Mrs Cotterill worth £2145 until he wrongfully sold them and put the proceeds in his current ...

'' (1880) 13 Ch D 696 -

English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...

concerning asset tracing, Baggallay LJ concurring with

Fry LJ Sir Edward Fry, (4 November 1827 – 19 October 1918) was an English Court of Appeal of England and Wales, Lord Justice of Appeal (1883–1892) and an arbitrator on the Permanent Court of Arbitration. Biography Joseph Fry (1795-1879) and Mar ...

. *''

Redgrave v Hurd ''Redgrave v Hurd'' (1881) 20 Ch D 1 is an English contract law case, concerning Misrepresentation in English law, misrepresentation. It holds that a contract can be rescinded for innocent misrepresentation, even where the representee also had th ...

'' (1881) 20 Ch D 1 - Contract law -

misrepresentation In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The m ...

, holding that a contract can be rescinded for innocent misrepresentation, even where the represent(ee) had the chance to verify the false statement; Baggallay concurring with Jessel MR. *''

Hutton v West Cork Rly Co ''Hutton v West Cork Railway Co'' (1883) 23 Ch D 654 is a UK company law case, which concerns the limits of a director's discretion to spend company funds for the benefit of non-shareholders. It was decided in relation to employees in the cont ...

'' (1883) 23 Ch D 654 -

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 legal ...

case concerning the limits of a director's discretion to spend company funds for the (clear) benefit of non-shareholders without a shareholder vote; Baggallay dissenting from the decision of

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 Willi ...

and

Bowen LJ Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, b ...

. *''

Smith v Land and House Property Corp ''Smith v Land and House Property Corporation'' (1884) LR 28 Ch D 7 is an English contract law case, concerning misrepresentation. It holds that a statement of opinion can represent that one knows certain facts, and therefore one may have still m ...

'' (1884) 28 Ch D 7 - Contract law case -

, holding that a statement of opinion can represent that one knows certain facts, and can amount to misrepresentation; Baggallay LJ concurring with

Personal life

He married, on 25 February 1847, Marianne, youngest daughter of Henry Charles Lacy of Withdean Hall, Sussex, by whom he left children. In later years Baggallay suffered from poor health and died while convalescing at 10 Brunswick Square,

Hove Hove is a seaside resort and one of the two main parts of the city of Brighton and Hove, along with Brighton in East Sussex, England. Originally a "small but ancient fishing village" surrounded by open farmland, it grew rapidly in the 19th cen ...

Sussex Sussex (), from the Old English (), is a historic county in South East England that was formerly an independent medieval Anglo-Saxon kingdom. It is bounded to the west by Hampshire, north by Surrey, northeast by Kent, south by the English ...

. He was buried at South Metropolitan Cemetery at Norwood.

Legacy

Aside from certain of his judicial co-decisions and occasional dissents which proved to be of long importance - decisions of the Court of Appeal have

binding authority A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value ...

unless and until reshaped at that level, above or by statute - his probate was re-sworn in 1890 leaving assets of .https://probatesearch.service.gov.uk Calendar of Probates and Administrations He left executors as his widow at 55 Queens Gate,

South Kensington South Kensington, nicknamed Little Paris, is a district just west of Central London in the Royal Borough of Kensington and Chelsea. Historically it settled on part of the scattered Middlesex village of Brompton. Its name was supplanted with ...

and three sons, who lived at their houses in Elm Park Road, Chelsea and

Onslow Square Onslow Square is a garden square in South Kensington, London, England. It is set back between the Old Brompton Road to the northwest and the Fulham Road to the southeast. To the north is South Kensington Underground station. To the south is ...

References

;Attribution

Sources

* Obituary, ''The Times'', 14 November 1888

External links

* {{DEFAULTSORT:Baggallay, Richard 1816 births 1888 deaths Burials at West Norwood Cemetery Attorneys General for England and Wales Solicitors General for England and Wales Lords Justices of Appeal Conservative Party (UK) MPs for English constituencies UK MPs 1865–1868 UK MPs 1868–1874 UK MPs 1874–1880 Members of the Privy Council of the United Kingdom Knights Bachelor Members of the Judicial Committee of the Privy Council Alumni of Gonville and Caius College, Cambridge People from Lambeth Lawyers from London