William Brett, 1st Viscount Esher
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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 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 Bor ...
as a
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 ...
, 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 ...
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 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. T ...
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 church or the country, especially in a military capacity. Knighthood finds origins in the G ...
and appointed 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 ...
. 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 dedicate ...
s charged with having caused the
Clerkenwell Outrage The Clerkenwell explosion, also known as the Clerkenwell Outrage, was a bombing in London on 13 December 1867. The Irish Republican Brotherhood, nicknamed the " Fenians", exploded a bomb to try to free one of their members being held on remand ...
. 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
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 ...
. 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 nationa ...
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 ...
in 1876, Brett was elevated to the rank of 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 ...
. 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 mo ...
at the same time. After holding the position for seven years, he succeeded Sir George Jessel 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 ...
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 ...
in the
County of Surrey Surrey () is a ceremonial and non-metropolitan county in South East England, bordering Greater London to the south west. Surrey has a large rural area, and several significant urban areas which form part of the Greater London Built-up Are ...
''. 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 Pla ...
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, ...
, 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 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 Westminst ...
, 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. Th ...
s excepted.


Judgments

*'' Tamplin v James'' (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 part ...
induced by
mistake Mistake(s) may refer to: * An error Law * Mistake (contract law), an erroneous belief, at contracting, that certain facts are true ** Mistake in English contract law, a specific type of mistake, pertaining to England * Mistake (criminal law) ...
. *'' Compagnie Financiere du Pacifique v Peruvian Guano Co'' (1882) 11 QBD 55 - Established the modern test for discovery of documents. *'' Heaven v Pender'' (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 arbi ...
in his judgment of the Court of Appeal, Brett MR sought to establish a general " duty of care" 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 ...
of
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 ...
. 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)
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 ...
*'' 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 lamps; Bowen LJ dissenting. *'' Filburn v People's Palace and Aquarium Co Ltd'' (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 The Moçambique rule, or (to adopt an anglicised form of spelling) Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and tr ...
'' 893AC 602 (Esher sitting in the Court of Appeal) - Esher dissented from the Court of Appeal decision of Fry LJ and Lopes LJ; 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 omniprese ...
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 ...
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, woundi ...
to foreign land non- justiciable in common law jurisdictions. *'' The Satanita'' 897AC 59 - Contract law case atypical of the conventional offer & acceptance pattern seen in English law. Brett's decision at appeal affirmed by 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 Westminst ...
.


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, 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 List of urban areas in the United Kingdom, 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 dow ...
in May 1899, aged eighty-one, and was succeeded by his eldest son, Reginald.


Arms


See also

*
List of Cambridge University Boat Race crews This is a list of the Cambridge University crews who have competed in The Boat Race since its inception in 1829. Rowers are listed left to right in boat position from bow to stroke. The number following the rower indicates the rower's weight ...


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