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Sir Robert Edgar Megarry, PC, FBA (1 June 1910 – 11 October 2006) was an eminent British lawyer and judge. Originally a solicitor, he requalified as a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
and also pursued a parallel career as a legal academic. He later became a High Court judge and served as
Vice-Chancellor of the Chancery Division The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when ...
from 1976 to 1981. Afterwards he served as
Vice-Chancellor of the Supreme Court The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when ...
from 1982 until his retirement in 1985. A prolific legal writer, he is known for such works as ''The Law of Real Property'', ''Lectures on the Town and Country Planning Act 1947'', and ''A Manual of the Law of Real Property'', as well as a series of legal miscellanies.


Early life and career

Megarry's father was a solicitor in
Belfast Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdo ...
; his mother's father was a
Major General Major general (abbreviated MG, maj. gen. and similar) is a military rank used in many countries. It is derived from the older rank of sergeant major general. The disappearance of the "sergeant" in the title explains the apparent confusion of a ...
. Megarry was born in
Croydon Croydon is a large town in south London, England, south of Charing Cross. Part of the London Borough of Croydon, a local government district of Greater London. It is one of the largest commercial districts in Greater London, with an extensi ...
, Surrey and was educated at Lancing and
Trinity Hall, Cambridge Trinity Hall (formally The College or Hall of the Holy Trinity in the University of Cambridge) is a constituent college of the University of Cambridge. It is the fifth-oldest surviving college of the university, having been founded in 1350 by ...
. He did not concentrate on his academic studies at university, writing for student newspaper '' Varsity'' as its first music critic, played football and tennis for his college, and obtained a pilot's licence; he ended up with a third class degree. He married his wife, Iris Davies, in 1936, and they had three daughters. His wife died in 2001, but he was survived by his daughters. Having trained as a solicitor, he practised as one from 1935 to 1941. He also taught law students, and lectured at Cambridge from 1939 to 1940. He worked at the
Ministry of Supply The Ministry of Supply (MoS) was a department of the UK government formed in 1939 to co-ordinate the supply of equipment to all three British armed forces, headed by the Minister of Supply. A separate ministry, however, was responsible for aircr ...
during
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, rising to Assistant Secretary by 1946. With encouragement from
Arthur Lehman Goodhart Arthur Lehman Goodhart (1 March 1891 in New York City – 10 November 1978 in Oxford) was an American-born academic jurist and lawyer; he was Professor of Jurisprudence at the University of Oxford, 1931–51, when he was also a Fellow of Un ...
, Professor of Jurisprudence at
Oxford University Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
, he retrained as a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
, and was called to the bar at
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 1944, and left the Civil Service to practise as a barrister in 1946, specialising in
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 dif ...
and
land law Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use a ...
. In parallel to his legal career, he also taught law at
Cambridge University , 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 ...
, becoming a fellow at
Trinity College, Cambridge Trinity College is a constituent college of the University of Cambridge. Founded in 1546 by Henry VIII, King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any college at either Cambridge ...
in 1945, and rising to become a university
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by 1967. He was elected as a member of the
Bar Council {{see also, Bar association A bar council ( ga, Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profess ...
in 1948. He became a
Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
in 1956, was a
bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
at Lincoln's Inn in 1962, and was Treasurer in 1981. Megarry was also highly regarded as a legal scholar, publishing numerous articles in the ''
Law Quarterly Review The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ...
'', of which he was an assistant editor. He was president of the Society of Public Teachers of Law between 1965 and 1966. In 1970, he was elected a
Fellow of the British Academy Fellowship of the British Academy (FBA) is an award granted by the British Academy to leading academics for their distinction in the humanities and social sciences. The categories are: # Fellows – scholars resident in the United Kingdom # C ...
. He was prosecuted at the
Old Bailey The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
for submitting false
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
returns in 1954. The prosecuting counsel was Sir
Harry Hylton-Foster Sir Harry Braustyn Hylton Hylton-Foster (10 April 1905 – 2 September 1965), was a British Conservative Party politician who served as a Member of Parliament (MP) from 1950 until his death in 1965. He was also the Speaker of the House of Commo ...
, the Solicitor General and later
Speaker of the House of Commons Speaker of the House of Commons is a political leadership position found in countries that have a House of Commons, where the membership of the body elects a speaker to lead its proceedings. Systems that have such a position include: * Speaker of ...
; counsel for the defence was
Frederick Lawton Frederick Joseph Lawton (November 11, 1900 – November 16, 1975) was an American bureaucrat who served as the ninth Director of the Bureau of the Budget. Lawton was born in Washington, D.C., and became a lawyer and an accountant. He spent mo ...
, later a senior judge. Megarry's tax affairs were complex, with his earnings as a lecturer dealt with by his wife and his self-employed income from his legal practice dealt with by his clerk. Each assumed that the other was dealing with certain items of income, but in fact neither did, so they were omitted from Megarry's tax returns. The judge directed the jury to acquit Megarry, on the grounds that the error was a genuine mistake with no intention to defraud the tax authorities.


Judicial career

Megarry was appointed as a High Court judge in 1967, assigned to the
Chancery Division The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
, and 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 Gr ...
. He became Vice-Chancellor of that Division in 1976, effectively its head, as the deputy of the absent
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
. 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 ...
in 1978, and held the new post of Vice-Chancellor of the Supreme Court from 1982 to 1985. He had a traditional view of the law, and was unwilling to set new
legal precedent 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 valu ...
. In '' Gaiman v National Association for Mental Health'', he ruled that the
National Association for Mental Health Mind is a mental health charity in England and Wales. Founded in 1946 as the National Association for Mental Health (NAMH), it celebrated its 70th anniversary in 2016. Mind offers information and advice to people with mental health problems an ...
was able to expel 302 suspect members, to prevent a suspected take-over by the
Church of Scientology The Church of Scientology is a group of interconnected corporate entities and other organizations devoted to the practice, administration and dissemination of Scientology, which is variously defined as a cult, a scientology as a business, bu ...
. In '' Midland Cold Storage v Steer'' he denounced picketing by dock workers as "the law of the jungle", but held that he had no jurisdiction to ban it, deferring to the
National Industrial Relations Court {{Use dmy dates, date=April 2022 The National Industrial Relations Court (NIRC) was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to l ...
. He was the first Chancery judge to sit outside London, when he attended a mock funeral in
Iken Iken is a small village and civil parish in the sandlands of the English county of Suffolk, an area formerly of heathland and sheep pasture. It is near the estuary of the River Alde on the North Sea coast and is located south east of Snape and ...
in Suffolk to test how easy it would be to carry a
coffin A coffin is a funerary box used for viewing or keeping a corpse, either for burial or cremation. Sometimes referred to as a casket, any box in which the dead are buried is a coffin, and while a casket was originally regarded as a box for jewel ...
along an alleged
right of way Right of way is the legal right, established by grant from a landowner or long usage (i.e. by prescription), to pass along a specific route through property belonging to another. A similar ''right of access'' also exists on land held by a gov ...
in '' St Edmundsbury and Ipswich Diocesan Board of Finance v Clark''. He sat in the case of ''
Tito v Waddell (No 2) ''Tito v Waddell (No 2)'' 977Ch 106 is an English trusts law case, concerning what counts as a trust, and creates fiduciary duties, and when specific performance will be ordered. It is important as an historical case that forced the eviction of t ...
'', brought by the former residents of
Banaba Island BanabaThe correct spelling and etymology in Gilbertese should be ''Bwanaba'' but the Constitution of Kiribati writes Banaba. Because of the spelling in English or French, the name was very often written Paanapa or Paanopa, as it was in 1901 Ac ...
,
Gilbert and Ellice Islands The Gilbert and Ellice Islands (GEIC as a colony) in the Pacific Ocean were part of the British Empire from 1892 to 1976. They were a protectorate from 1892 to 12 January 1916, and then a colony until 1 January 1976. The history of the colony w ...
, whose island was all but destroyed by
phosphate In chemistry, a phosphate is an anion, salt, functional group or ester derived from a phosphoric acid. It most commonly means orthophosphate, a derivative of orthophosphoric acid . The phosphate or orthophosphate ion is derived from phospho ...
mining. He took the court on a 3-week trip to the south Pacific, to visit the island. After sitting for 206 days, Megarry delivered a judgment containing 100,000 words. He asked
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
to do its duty to the islanders, but found that he was unable to require it to do anything. He was appointed as Vice-Chancellor in 1976. In 1977, he declined to grant
The Beatles The Beatles were an English Rock music, rock band, formed in Liverpool in 1960, that comprised John Lennon, Paul McCartney, George Harrison and Ringo Starr. They are regarded as the Cultural impact of the Beatles, most influential band of al ...
an injunction to prohibit the sale of an unauthorised record based on informal and unrehearsed tapes. In 1979, he upheld a worldwide playing ban imposed on
George Best George Best (22 May 1946 – 25 November 2005) was a Northern Irish professional footballer who played as a winger, spending most of his club career at Manchester United. A highly skilful dribbler, Best is regarded as one of the greatest pla ...
by
FIFA FIFA (; stands for ''Fédération Internationale de Football Association'' ( French), meaning International Association Football Federation ) is the international governing body of association football, beach football and futsal. It was found ...
arising from a complaint by Best's former employer,
Fulham Football Club Fulham Football Club is an English professional football club based in Fulham, London, which compete in the . They have played home games at Craven Cottage since 1896, other than a two-year period spent at Loftus Road whilst Craven Cottage un ...
. Also in 1979, he was unable to uphold a complaint in '' Malone v Metropolitan Police Commissioner'', regarding
phone tapping Telephone tapping (also wire tapping or wiretapping in American English) is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitorin ...
during a police investigation. However, in 1984 the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
decided that it was a contravention of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
. Megarry ordered
Granada Television ITV Granada, formerly known as Granada Television, is the ITV franchisee for the North West of England and Isle of Man. From 1956 to 1968 it broadcast to both the north west and Yorkshire but only on weekdays as ABC Weekend Television was it ...
to disclose the name of a confidential source in 1980, following leaks of information from
British Steel Corporation British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
. He ruled in two cases involving the National Union of Mineworkers in 1984. In the first case, ''
Cowan v Scargill ''Cowan v Scargill'' 985Ch 270 is an English trusts law case, concerning the scope of discretion of trustees to make investments for the benefit of their members. It held that trustees cannot ignore the financial interests of the beneficiaries. ...
'' he declined a request from the
National Coal Board The National Coal Board (NCB) was the statutory corporation created to run the nationalised coal mining industry in the United Kingdom. Set up under the Coal Industry Nationalisation Act 1946, it took over the United Kingdom's collieries on "v ...
for a mandatory order to direct union representative how to act as trustees of a pension fund, but gave directions on the representatives'
fiduciary duties A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...
instead, saying that in his opinion the trustees were obliged to consider investment outside the UK and in industries that compete with coal. He would have said breach of the former would have risked the miners leaders being in
contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
; breach of the latter would simply enable them to be removed as trustees. In the second case, a month later, he prohibited the NUM from calling a strike in Nottinghamshire, because a ballot had not been held, and then declared that an NUM plan to discipline non-striking miners was illegal. He was chairman of the
Incorporated Council of Law Reporting The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only ' ...
for 15 years, from 1972 to 1987.


Legal writings

Megarry was also an accomplished legal writer, publishing several leading textbooks. He is perhaps best known as joint author of ''The Law of Real Property'' with William Wade, first published in 1957 and usually known as ''Megarry and Wade''. A 6th edition, edited by Charles Harpum, was published in 1999. Megarry also wrote a handbook to the Rent Acts in 1939, which ran to 11 editions by 1988. His ''Lectures on the Town and Country Planning Act 1947'' was published in 1949, shortly after the new
town planning Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, ...
legislation was passed, and he also published ''A Manual of the Law of Real Property'' (1946), which ran to 8 editions. He was the sole editor of the 23rd edition of '' Snell's Equity'' (1947); he then edited the 24th edition (1954) to the 27th edition (1973) jointly with Paul Vivian Baker. His works broke new ground, in presenting technical areas of the law in a clear and systematic way, to the benefit of generations of law students. His love of the minutiae of legal practice led him to publish several legal miscellanies, including ''Miscellany-at-law'' (1955), ''Arabinesque-at-law'' (1969), ''Inns Ancient and Modern'' (1972), ''A Second Miscellany-at-Law'' (1973) and ''A New Miscellany-At-Law'' (2005). In 2014, The Green Bag published a "rump" chapter, titled "Contempt," that Megarry had written but not readied for publication before his death, and had entrusted to renowned legal lexicographer Bryan A. Garner to see into print. He was also a book review and assistant editor of the ''
Law Quarterly Review The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ...
'' from 1944 to 1967, and a consultant for the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
's radio programme ''
Law in Action Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
'' from 1953 to 1966. He also published ''An Introduction to Lincoln's Inn'' in 1971.


Retirement

He retired as a judge in 1985, but occasionally sat until 1991. He was a member of the panel of judges 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 ...
that decided the important
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
case of ''Yuen Kun Yeu'' in 1987. In retirement, he lectured in law in North America, and was Visitor at the
University of Essex The University of Essex is a public university, public research university in Essex, England. Established by royal charter in 1965, Essex is one of the original plate glass university, plate glass universities. Essex's shield consists of the an ...
and in Cambridge. He was an active member of the
Institute of Advanced Legal Studies The Institute of Advanced Legal Studies (IALS) is a member institute of the School of Advanced Study, University of London. Founded in 1947, it is a national academic centre of excellence, serving the legal community and universities across the ...
into the 1990s. His last book, ''A New Miscellany-at-Law'', was published in December 2005. He died in London.


Arms


Notes


References


Obituary
''
The Times ''The Times'' is a British daily national newspaper based in London. It began in 1785 under the title ''The Daily Universal Register'', adopting its current name on 1 January 1788. ''The Times'' and its sister paper ''The Sunday Times'' (fou ...
'', 16 October 2006
Obituary
''
The Daily Telegraph ''The Daily Telegraph'', known online and elsewhere as ''The Telegraph'', is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was fo ...
'', 17 October 2006
Obituary
''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'', 19 October 2006
Obituary
''
The Independent ''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was publis ...
'', 28 October 2006 {{DEFAULTSORT:Megarry, Robert Edgar English legal writers Members of the Privy Council of the United Kingdom Fellows of the British Academy Fellows of Trinity College, Cambridge People educated at Lancing College Alumni of Trinity Hall, Cambridge People associated with the University of Essex Knights Bachelor 1910 births 2006 deaths Chancery Division judges English King's Counsel 20th-century English lawyers Members of the Judicial Committee of the Privy Council