William Baliol Brett, 1st Viscount Esher, PC (13 August 181524 May 1899), known as Sir William Brett between 1868 and 1883, was a British lawyer, judge, and

Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...

politician. He was briefly Solicitor-General 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 ...

and then served as 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 ...

between 1868 and 1876, as a

Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justic ...

between 1876 and 1883 and 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 ...

. He was raised to the peerage as Baron Esher in 1885 and further honoured when he was made Viscount Esher on his retirement in 1897.

Background and education

Brett was a son of the Reverend Joseph George Brett, of

Chelsea, London Chelsea is an affluent area in west London, England, due south-west of Charing Cross by approximately 2.5 miles. It lies on the north bank of the River Thames and for postal purposes is part of the south-western postal area. Chelsea histori ...

, by Dorothy, daughter of

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 ...

, of Chilston Park,

Boughton Malherbe Boughton Malherbe ( ) is a village and civil parish in the Maidstone district of Kent, England, equidistant between Maidstone and Ashford. According to the 2001 census the parish had a population of 428, including Sandway and Grafty Green, i ...

, Kent. He was educated at

Westminster School (God Gives the Increase) , established = Earliest records date from the 14th century, refounded in 1560 , type = Public school Independent day and boarding school , religion = Church of England , head_label = Hea ...

King's College London King's College London (informally King's or KCL) is a public research university located in London, England. King's was established by royal charter in 1829 under the patronage of King George IV and the Duke of Wellington. In 1836, King's ...

and at

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 t ...

. Brett rowed for

Cambridge University Boat Club The Cambridge University Boat Club (CUBC) is the rowing club of the University of Cambridge, England. The club was founded in 1828 and has been located at the Goldie Boathouse on the River Cam, Cambridge since 1882. Nowadays, training primari ...

against

Leander Club Leander Club, founded in 1818, is one of the oldest rowing clubs in the world, and the oldest non-academic club. It is based in Remenham in Berkshire, England and adjoins Henley-on-Thames. Only three other surviving clubs were founded prior t ...

in 1837 and 1838, then in the victorious Cambridge crew against

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 ...

in the 1839 Boat Race.

Career

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 ...

in 1840, Brett went to the northern circuit and became a

Queen's Counsel 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 o ...

in 1861. On the death of

Richard Cobden Richard Cobden (3 June 1804 – 2 April 1865) was an English Radical and Liberal politician, manufacturer, and a campaigner for free trade and peace. He was associated with the Anti-Corn Law League and the Cobden–Chevalier Treaty. As a you ...

in 1865, he unsuccessfully contested

Rochdale Rochdale ( ) is a large town in Greater Manchester, England, at the foothills of the South Pennines in the dale on the River Roch, northwest of Oldham and northeast of Manchester. It is the administrative centre of the Metropolitan Borough ...

as a

, but in an 1866 by-election, he was returned for

Helston Helston ( kw, Hellys) is a town and civil parish in Cornwall, England, United Kingdom. It is situated at the northern end of the Lizard Peninsula approximately east of Penzance and south-west of Falmouth.Ordnance Survey: Landranger map shee ...

in unique circumstances. He and his opponent polled exactly the same number of votes, and the mayor, as returning officer, then gave his casting vote for 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. As the vote was given after four o'clock, however, an appeal was lodged, and the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...

allowed both members to take their seats. Brett rapidly made his mark in the House, and in early 1868, 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 Christian denomination, church or the country, especially in a military capacity. Knighthood ...

and appointed Solicitor General under

. On behalf of the Crown, he prosecuted the

Fenian The word ''Fenian'' () served as an umbrella term for the Irish Republican Brotherhood (IRB) and their affiliate in the United States, the Fenian Brotherhood, secret political organisations in the late 19th and early 20th centuries dedicated ...

s charged with having caused the Clerkenwell Outrage. In Parliament, he took a leading part in the promotion of bills connected with the administration of law and justice. In August 1868, he was appointed a Justice of the

. Some of his sentences in this capacity excited much criticism, notably so in the case of the gas stokers strike, when he sentenced the defendants to imprisonment for twelve months, with hard labour, which was afterwards reduced by the

Home Secretary The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...

to four months. On the reconstitution 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 of t ...

in 1876, Brett was elevated to the rank of a

. 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 ...

at the same time. After holding the position for seven years, he succeeded Sir George Jessel as

in 1883. In 1885 he was raised to the peerage as Baron Esher, ''of

Esher Esher ( ) is a town in Surrey, England, to the east of the River Mole. Esher is an outlying suburb of London near the London-Surrey Border, and with Esher Commons at its southern end, the town marks one limit of the Greater London Built-Up Ar ...

in the

County of Surrey Surrey () is a ceremonial county, ceremonial and non-metropolitan county, non-metropolitan counties of England, county in South East England, bordering Greater London to the south west. Surrey has a large rural area, and several significant ur ...

''. He opposed the bill proposing that an accused person or his wife might give evidence in their own case and supported the

bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...

that empowered Lords of Appeal to sit and vote after their retirement. The Solicitors Act 1888, which increased the powers of the

Incorporated Law Society The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, a ...

, owed much to his influence. In 1880, he delivered a speech in the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

, deprecating the delay and expense of trials, which he regarded as having been increased by the

Judicature Act 1873 The Supreme Court of Judicature Act 1873 (sometimes known as the Judicature Act 1873) was an Act of the Parliament of the United Kingdom in 1873. It reorganised the English court system to establish the High Court and the Court of Appeal, and ...

. He retired from the bench at the close of 1897, and was created Viscount Esher, ''of Esher in the County of Surrey'', a dignity rarely given to any judge,

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 ...

s excepted.

Judgments

*''

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 LJ Sir Richard Baggallay PC (1816 – 1888) was a British barrister, politician, and judge. After serving as Attorney-General under Benjamin Disraeli from 1874 to 1875, Baggallay was appointed a Lord Justice of Appeal in Chancery (Lord Justice o ...

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. *''

Compagnie Financiere du Pacifique v Peruvian Guano Co ''Compagnie Financiere du Pacifique v Peruvian Guano Co'' (1882) 11 QBD 55 is a foundational case in the law of evidence holding that a plaintiff party must disclose to a defending party "all documents in his possession or under his control relati ...

'' (1882) 11 QBD 55 - Established the modern test for discovery of documents. *''

Heaven v Pender ''Heaven v Pender'' (1883) (11 QBD 503, Court of Appeal) was an English tort law case, which foreshadowed the birth of the modern law of negligence. Facts Pender was the owner of a dry dock used for ship works, and Heaven was a ship painter w ...

'' (1883) - In the

obiter dicta ''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitr ...

in his judgment of the Court of Appeal, Brett MR sought to establish a general "

duty of care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establis ...

" between parties that would have led to a

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

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 ...

. Such a principle was only finally accepted by English courts in 1932. *''

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 ...

'' (Brett sitting in the Court of Appeal) 884UKHL 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'' declared ...

*'' In the Arbitration between Secretary of State for Home Department and Fletcher'' (1887) - upholding a Queens bench decision supporting the authority of the Inspector of Mines to require the use of

safety lamp A safety lamp is any of several types of lamp that provides illumination in coal mines and is designed to operate in air that may contain coal dust or gases, both of which are potentially flammable or explosive. Until the development of effectiv ...

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, ...

dissenting. *''

Filburn v People's Palace and Aquarium Co Ltd ''Filburn v People's Palace and Aquarium Co Ltd'', 25 Q.B. Div. 258 (1890), was an English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * '' ...

'' (1890) was a case that imposed

strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. ...

upon owners of wild animals for harm caused by them. *'' British South Africa Co v Companhia de Moçambique''

893 __FORCETOC__ Year 893 ( DCCCXCIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Vladimir, ruler (''khan'') of the Bulgarian Empire, is dethroned by his fat ...

AC 602 (Esher sitting in the Court of Appeal) - Esher dissented from the Court of Appeal decision of

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 ...

and

Lopes LJ Henry Charles Lopes, 1st Baron Ludlow, (3 October 1828 – 25 December 1899) was a British judge and Conservative Party politician. Background and education Ludlow was a younger son of Sir Ralph Lopes, 2nd Baronet, and the uncle of Henry Lopes, ...

; the House of Lords overturned their decision and by so doing established the ''Mozambique rule'', a

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 omnipresen ...

rule in

private international law Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...

that renders actions relating to title in foreign land, the right to possession of foreign land, and

trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...

to foreign land non-

justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of Standing (law), standing, which is used to determine if the party bringing the ...

in common law jurisdictions. *''

The Satanita ''The Satanita'' 897AC 59 is an English contract law case, decided in the Court of Appeal, which concerned the formation of a contract. It is notable because it stands as an example of a case which does not fit the typical pattern of offer and a ...

897 __NOTOC__ Year 897 ( DCCCXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – King Lambert II travels to Rome with his mother, Queen Agelt ...

AC 59 - Contract law case atypical of the conventional offer & acceptance pattern seen in English law. Brett's decision at appeal affirmed by the

Family

Lord Esher married Eugénie Mayer (1814–1904) in 1850.Hedley, S. (2004)
Brett, William Baliol, first Viscount Esher (1815–1899)
, ''

Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...

'', Oxford University Press, accessed 20 November 2007 She was the daughter of Finette and Lazare Mayer, and the step-daughter of Lt Col John Gurwood, the editor of Wellington's Dispatches. They had two sons,

Reginald Reginald is a masculine given name in the English language. Etymology and history The meaning of Reginald is “King". The name is derived from the Latin ''Reginaldus'', which has been influenced by the Latin word ''regina'', meaning "queen". Th ...

, and Eugène, and a daughter Violet, wife of William Humble Dudley Ward and mother of

William Dudley Ward William Dudley Ward PC (14 October 1877 – 11 November 1946) was an English sportsman and Liberal politician. Early life Dudley Ward was born in London, the son of William Humble Dudley Ward and the great-grandson of William Humble Wa ...

. Lord Esher died in

London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...

in May 1899, aged eighty-one, and was succeeded by his eldest son, Reginald.

Arms

References

External links

* {{DEFAULTSORT:Esher, William Baliol Brett, 1st Viscount 1817 births 1899 deaths People educated at Westminster School, London Alumni of Gonville and Caius College, Cambridge Cambridge University Boat Club rowers British male rowers 19th-century English judges Members of the Privy Council of the United Kingdom UK MPs 1865–1868 UK MPs who were granted peerages Conservative Party (UK) MPs for English constituencies Viscounts in the Peerage of the United Kingdom Solicitors General for England and Wales Masters of the Rolls Justices of the Common Pleas Knights Bachelor Common Pleas Division judges Members of the Parliament of the United Kingdom for Helston Peers of the United Kingdom created by Queen Victoria