Edward Holroyd Pearce, Baron Pearce, (9 February 1901 – 26 November 1990) was a British barrister and judge. He served as a
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
from 1962 until 1969. In 1971–72, he chaired the Pearce Commission, which was charged with testing the acceptability of a proposed constitutional settlement in
Rhodesia
Rhodesia (, ), officially from 1970 the Republic of Rhodesia, was an unrecognised state in Southern Africa from 1965 to 1979, equivalent in territory to modern Zimbabwe. Rhodesia was the ''de facto'' successor state to the British colony of S ...
.
Early life and career
Edward Holroyd Pearce was born in
Sidcup
Sidcup is an area of south-east London, England, primarily in the London Borough of Bexley. It is south-east of Charing Cross, bordering the London Boroughs of London Borough of Bromley, Bromley and Royal Borough of Greenwich, Greenwich. Before ...
in
Kent
Kent is a county in South East England and one of the home counties. It borders Greater London to the north-west, Surrey to the west and East Sussex to the south-west, and Essex to the north across the estuary of the River Thames; it faces ...
, the eldest child (he was followed by three sisters) of John William Ernest Pearce, headmaster of a preparatory school, and Irene Pearce, ''née'' Chaplin, daughter of daughter of Holroyd Chaplin.
He was educated at
Charterhouse School
(God having given, I gave)
, established =
, closed =
, type = Public school Independent day and boarding school
, religion = Church of England
, president ...
and
Corpus Christi College, Oxford
Corpus Christi College (formally, Corpus Christi College in the University of Oxford; informally abbreviated as Corpus or CCC) is one of the constituent colleges of the University of Oxford in the United Kingdom. Founded in 1517, it is the 12th ...
, of which he was a
scholar
A scholar is a person who pursues academic and intellectual activities, particularly academics who apply their intellectualism into expertise in an area of study. A scholar can also be an academic, who works as a professor, teacher, or researche ...
and where he took a
First
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
in
Honour Moderations
Honour Moderations (or ''Mods'') are a set of examinations at the University of Oxford at the end of the first part of some degree courses (e.g., Greats or '' Literae Humaniores'').
Honour Moderations candidates have a class awarded (hence the ' ...
in 1921 and a
Third
Third or 3rd may refer to:
Numbers
* 3rd, the ordinal form of the cardinal number 3
* , a fraction of one third
* Second#Sexagesimal divisions of calendar time and day, 1⁄60 of a ''second'', or 1⁄3600 of a ''minute''
Places
* 3rd Street (d ...
in ''
literae humaniores'' in 1923. He was elected an honorary
fellow
A fellow is a concept whose exact meaning depends on context.
In learned or professional societies, it refers to a privileged member who is specially elected in recognition of their work and achievements.
Within the context of higher education ...
of Corpus Christi in 1950.
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 ...
by
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 ...
and the
Middle Temple
The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...
in 1925, he practiced in the
King's Bench and
Probate, Divorce and Admiralty 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 ...
s of the
High Court. In the 1930s, Pearce was forced to leave legal practice for a time because of tuberculosis. He spent some time in
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
, where he acquired a lifelong passion for oil painting, before returning to the Bar. He later exhibited regularly at the
Royal Academy
The Royal Academy of Arts (RA) is an art institution based in Burlington House on Piccadilly in London. Founded in 1768, it has a unique position as an independent, privately funded institution led by eminent artists and architects. Its pur ...
and mounted one-man exhibitions as well, sometimes also exhibiting together with his wife, a watercolourist.
He became a member of the
Royal Society of British Artists
The Royal Society of British Artists (RBA) is a British art body established in 1823 as the Society of British Artists, as an alternative to the Royal Academy.
History
The RBA commenced with twenty-seven members, and took until 1876 to reach fif ...
in 1940.
Exempt from military service on medical grounds, Pearce continued to practice at the bar during the Second World War; he was appointed
King'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 or ...
in 1945.
He became deputy chairman of the East Sussex
Quarter Sessions
The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
in 1947, was elected a bencher of
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 1948 and served as its treasurer in 1966.
Judicial career
On 14 October 1948, Pearce was appointed a
Justice of the High Court, 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 ...
on 29 October.
He was initially assigned to the
Probate, Divorce and Admiralty 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 ...
, before being transferred to the
Queen'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 ...
in 1954.
He was made 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) Justice ...
on 30 April 1957, and 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 ...
. On 19 April 1962, Pearce was made
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
and was created a
life peer
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...
with the title Baron Pearce, of Sweethaws in the County of
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 ...
.
In his capacity as a member of the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, Pearce sat on the case of ''
Madzimbamuto v Lardner-Burke'', concerning the constitutionality of
Rhodesia's Unilateral Declaration of Independence
Rhodesia's Unilateral Declaration of Independence (UDI) was a statement adopted by the Cabinet of Rhodesia on 11 November 1965, announcing that Southern Rhodesia or simply Rhodesia, a British territory in southern Africa that had governed it ...
. He dissented from the majority decision of
Lord Reid, who held that the Unilateral Declaration was unconstitutional and the detention orders in issue were therefore unlawful. While agreeing that the Declaration was unlawful, Pearce would have held that the detention orders in issue were lawful, on the basis that they had been issued by a government which was in ''de facto'' control of Rhodesia, and therefore should be applied by the courts.
[''Madzimbamuto v Lardner-Burke'', ; ]968
Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...
3 WLR 1229; 968
Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...
3 All ER 561; 969
Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...
1 AC 645.
He retired as Lord of Appeal in Ordinary in 1969.
Post-judicial career and later life
After his retirement from the bench, Lord Pearce became chairman of the
Press Council in 1969, serving until 1974. From 1969 until 1976, he was chairman of the Appeals Committee of the
Takeover Panel
The Panel on Takeovers and Mergers, or more commonly The Takeover Panel, is the United Kingdom's regulatory body charged with the administration of The Takeover Code.
It was set up in 1968 and is located in London, England.
Its role is to ensu ...
.
In 1971–22, he chaired a commission (known as the
Pearce Commission The Commission on Rhodesian Opinion, also known as the Pearce Commission, was a British commission set up in 1971 by Foreign and Commonwealth Secretary Sir Alec Douglas-Home to test the acceptability of a proposed constitutional settlement in Rhod ...
) tasked with testing the acceptability of a proposed constitutional settlement in Rhodesia negotiated between
Sir Alec Douglas-Home
Alexander Frederick Douglas-Home, Baron Home of the Hirsel (; 2 July 1903 – 9 October 1995), styled as Lord Dunglass between 1918 and 1951 and being The 14th Earl of Home from 1951 till 1963, was a British Conservative Party (UK), Conse ...
and
Ian Smith
Ian Douglas Smith (8 April 1919 – 20 November 2007) was a Rhodesian politician, farmer, and fighter pilot who served as Prime Minister of Rhodesia (known as Southern Rhodesia until October 1964 and now known as Zimbabwe) from 1964 to ...
. The four-person commission reported in May 1972: it described white, coloured and Asian Rhodesians as in favour of the terms by 98%, 97% and 96% respectively, and black citizens as against them by an unspecified large majority. As a result, the proposals were shelved, though not immediately abandoned.
In his later years Lord Pearce suffered from hip problems. Shortly before his death, he auctioned a sculpture, which he had acquired for £7 in 1951, at
Sotheby's
Sotheby's () is a British-founded American multinational corporation with headquarters in New York City. It is one of the world's largest brokers of fine and decorative art, jewellery, and collectibles. It has 80 locations in 40 countries, and ...
. The work, identified as a sculpture by
Adriaen de Vries
Adriaen de Vries (c.1556–1626) was a Northern Mannerist sculptor born in the Netherlands but working in Central Europe, whose international style crossed the threshold to the Baroque; he excelled in refined modelling and bronze casting and ...
, was sold for £6.82 million.
Family
In 1927, he married Erica Priestman (d. 1985), daughter of
Bertram Priestman,
RA. They had two sons, James and Bruce, both of whom became
QCs (the eldest also becoming a
circuit judge) and predeceased him.
Selected judgments
* ''
Long v Lloyd
''Long v Lloyd'' 9581 WLR 753 is an English contract law case concerning misrepresentation. It exemplifies that if a contract is affirmed by the party who has been misrepresented, rescission will be barred.
Facts
Lloyd advertised a lorry as bei ...
''
958
Year 958 ( CMLVIII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* October / November – Battle of Raban: The Byzantines under John Tzimiskes ...
1 WLR 753
* ''
McCutcheon v David MacBrayne Ltd''
9641 WLR 125
* ''
Madzimbamuto v Lardner-Burke''
969
Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...
1 AC 645
* ''
Anisminic v Foreign Compensation Commission
''Anisminic Ltd v Foreign Compensation Commission'' 9692 AC 147 is a UK constitutional law case from the House of Lords in English administrative law. It established the " collateral fact doctrine", that any error of law made by a public body ...
''
969
Year 969 ( CMLXIX) was a common year starting on Friday (link will display the full calendar) of the Julian calendar, the 969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 1st millennium, the 69th ...
2 AC 147
Arms
References
*
External links
*
{{DEFAULTSORT:Pearce, Edward
1901 births
1990 deaths
Alumni of Corpus Christi College, Oxford
Law lords
Members of Lincoln's Inn
Members of the Middle Temple
Members of the Privy Council of the United Kingdom
People educated at Charterhouse School
Members of the Judicial Committee of the Privy Council
People from Sidcup
20th-century British lawyers
Knights Bachelor
Probate, Divorce and Admiralty Division judges
Queen's Bench Division judges
English painters
English King's Counsel
20th-century King's Counsel
20th-century English lawyers