Robert Alderson Wright
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Robert Alderson Wright, Baron Wright, (15 October 1869 – 27 June 1964) was a British judge. A commercial barrister, he was a Justice of the High Court from 1925 to 1932, when he was directly promoted to the House of Lords as a law lord. Robert Stevens described him as "one of the few significant British appeal judges of the twentieth century."


Early life and career

Born in South Shields, Wright was educated at
Trinity College, Cambridge Trinity College is a constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any college at either Cambridge or Oxford. ...
, where he took a First and later held a prize fellowship. He was called to the bar in 1900 by the
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 ...
and practiced at the commercial bar, having joined the chambers of
Thomas Edward Scrutton Sir Thomas Edward Scrutton (28 August 1856 – 18 August 1934) was an English barrister, judge, and legal writer. Biography Thomas Edward Scrutton was born in London, the son of Thomas Urquhart Scrutton, a wealthy shipowner and head of the well-k ...
. He also lectured on industrial law at the
London School of Economics The London School of Economics and Political Science (LSE) is a public university, public research university located in London, England and a constituent college of the federal University of London. Founded in 1895 by Fabian Society members Sidn ...
. 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 1917. At the 1923 General election, he stood as the
Liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
candidate in the Darlington constituency. The Liberals, who had not contested the seat at the previous election, were not expected to win and he came last. He did not stand for Parliament again.


Judicial career

In 1925, Wright was appointed to the High Court (
King's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...
) as a judge, receiving the customary
knighthood 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 ...
. On 11 April 1932, he was appointed Lord of Appeal in Ordinary and was created additionally a life peer with the title Baron Wright, of Durley in the County of Wiltshire. His translation from the High Court directly to 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 ...
was unusual, and was masterminded by the Lord Chancellor, the
Viscount Sankey A viscount ( , for male) or viscountess (, for female) is a title used in certain European countries for a noble of varying status. In many countries a viscount, and its historical equivalents, was a non-hereditary, administrative or judicial ...
. However, he resigned as Lord of Appeal in 1935. becoming instead
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 ...
, a post he held until 1937, when he was made Lord of Appeal in Ordinary again. He retired in 1947, and was appointed
GCMG The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV, Prince of Wales, while he was acting as prince regent for his father, King George III. It is named in honour ...
in 1948. In 1945 he was the Chairman of the
United Nations War Crimes Commission The United Nations War Crimes Commission (UNWCC) initially called the United Nations Commission for the Investigation of War Crimes, was a commission of the United Nations that investigated allegations of war crimes committed by Nazi Germany and ...
.


Cases


As a trial judge

* ''
Bell v Lever Brothers Ltd ''Bell v Lever Brothers Ltd'' 931UKHL 2is an English contract law case decided by the House of Lords. Within the field of Mistake in English contract law, mistake in English law, it holds that common mistake does not lead to a void contract unle ...
'', in which he was reversed by the House of Lords. *''
Rex v Wallace ''R v Wallace'' (1931) 23 Cr App R 32 is a leading English criminal case, the first time a conviction for murder was overturned on the ground that the verdict "cannot be supported, having regard to the evidence", as provided for by Section 4(1) ...
''
931 Year 931 ( CMXXXI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – Hugh of Provence, king of Italy, cedes Lower Burgundy to Rudolph II, in re ...
23 Cr App R 32, A famous murder case, the verdict being overturned on appeal. *''R v Kylsant & Otrs'', known as the
Royal Mail Case The Royal Mail Case or ''R v Kylsant & Otrs'' was a noted English criminal case in 1931. The director of the Royal Mail Steam Packet Company, Lord Kylsant, had falsified a trading prospectus with the aid of the company accountant to make it look ...
.


As an appellate judge

*''
Hillas & Co v Arcos ''WN Hillas & Co Ltd v Arcos Ltd'' 932UKHL 2is a landmark House of Lords case on English contract law where the court first began to move away from a strict, literal interpretation of the terms of a contract, and instead interpreted it with a vi ...
'' UKHL_2
*''The_Liesbosch_v_The_Edison.html" ;"title="932
UKHL 2
*''The Liesbosch v The Edison">932
UKHL 2
*''The Liesbosch v The Edison'' (1933) ‘The law cannot take account of everything that follows a wrongful act’ *''Lindsey County Council v Marshall'' (1936) *''Wilsons and Clyde Coal Company v English'' (1937) give due regard to the actual conditions under which men work in a factory or mine, at the long hours and the fatigue, to the slackening of attention which naturally comes from constant repetition of the same operation, to the noise and confusion in which the man works, to his preoccupation in what he is actually doing at the cost perhaps of some inattention to his own safety. *''
Grant v Australian Knitting Mills ''Grant v Australian Knitting Mills'',; . is a landmark case in consumer and negligence law from 1935, holding that where a manufacturer knows that a consumer may be injured if the manufacturer does not take reasonable care, the manufacturer ...
''
936 Year 936 ( CMXXXVI) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Europe * June 19 – At Laon, Louis IV, the 14-year old son of the late King Charles the Simp ...
AC 85 *'' With v O'Flanagan''
936 Year 936 ( CMXXXVI) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Europe * June 19 – At Laon, Louis IV, the 14-year old son of the late King Charles the Simp ...
Ch 575 *'' Attorney-General for Canada v Attorney-General for Ontario'' (1937), where a panel chaired by
Lord Atkin James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remember ...
struck down the Canadian New Deal, including the federal social security system and the minimum wage, as he later admitted, Wright dissented. (At that time dissents could not be recorded publicly.) Canada then abandoned appeals to London. *'' Spense v Crawford'' (1939) *'' Lowry v Consolidated African Selection Trust Ltd''
940 Year 940 ( CMXL) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * The tribe of the Polans begins the construction of the following fortified settlements (Gi ...
AC 648, directors' duty to get best price for shares *''
Southern Foundries (1926) Ltd v Shirlaw ''Southern Foundries (1926) Ltd v Shirlaw'' 940AC 701 is an important English contract law and company law case. In the field of contracts it is well known for MacKinnon LJ's decision in the Court of Appeal, where he put forth the " officious b ...
''
940 Year 940 ( CMXL) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * The tribe of the Polans begins the construction of the following fortified settlements (Gi ...
AC 701 *'' Luxor (Eastborne) Ltd v Cooper'' (1940) ‘the duty of the court is to construe such documents fairly and broadly, without being too astute or subtle in finding defects’ *'' Liversidge v Anderson'' (1941), while Atkin dissented over the suspension of habeas corpus. *'' Joseph Constantine SS Line Ltd v Imperial Smelting Corp'' (1941) *'' Crofter Hand Woven Harris Tweed Co v Veitch''
942 Year 942 ( CMXLII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – The Hungarians invade Al-Andalus (modern Spain) and besiege the fortress ...
AC 435, a famous statement that workers have the right to strike in support of their interests and to engage in
collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The ...
. *'' Muir v. Glasgow Corporation'', in which he helped clarify the principle of negligence by saying that a duty of care was only breached if somebody did something which was "obviously and inherently dangerous": as the case revolved around a tea-urn, he made the amusing remark that "to introduce a savage animal such as a lion or tiger would be obviously and inherently dangerous, but not a tea-urn" *''
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd is a leading House of Lords decision on the doctrine of frustration in English contract law. Facts Fibrosa was a textile company based in Wilno, Poland (today Vilnius, capital of Lithuania). In July 1939, it entered into a contract with Fair ...
'' 943AC 32, 61, recognising the basis of
unjust enrichment In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make re ...
. "It is clear that any civilised system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived from another which it is against conscience that he should keep." *'' Joyce v DPP''
946 Year 946 (Roman numerals, CMXLVI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – King Otto I, Holy Roman Emperor, Otto I invades the West Fr ...
AC 347, the appeal of
William Joyce William Brooke Joyce (24 April 1906 – 3 January 1946), nicknamed Lord Haw-Haw, was an American-born fascist and Nazi propaganda broadcaster during the Second World War. After moving from New York to Ireland and subsequently to England, ...
, aka Lord Haw-Haw, against his conviction of Adherence to the King's enemies without the realm under the
Treason Act 1351 The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has b ...
.


Arms


References

*N Duxbury, 'Lord Wright and Innovative Traditionalism' (2009) 59 University of Toronto Law Journal 265–340.


External links

* {{DEFAULTSORT:Wright, Robert 1869 births 1964 deaths Law lords Members of the Privy Council of the United Kingdom Knights Grand Cross of the Order of St Michael and St George Masters of the Rolls Members of the Judicial Committee of the Privy Council Members of the Inner Temple Fellows of the British Academy Fellows of Trinity College, Cambridge Academics of the London School of Economics Knights Bachelor Alumni of Trinity College, Cambridge Queen's Bench Division judges People from South Shields Life peers created by George V