Francis Xavier Joseph Russell, Baron Russell of Killowen, PC, known as Frank Russell (2 July 1867 – 20 December 1946) was a British judge.

Early life and career at the bar

The fourth son of

Charles Russell, Baron Russell of Killowen Charles Arthur Russell, Baron Russell of Killowen, (10 November 1832 – 10 August 1900) was an Irish statesman of the 19th century, and Lord Chief Justice of England. He was the first Roman Catholic to serve as Lord Chief Justice since the R ...

, the Lord Chief Justice of England, and of Ellen Mulholland, Frank Russell was educated at

Beaumont College Beaumont College was between 1861 and 1967 a Public school (UK), public school in Old Windsor, Old Windsor in Berkshire. Founded and run by the Society of Jesus, it offered a Roman Catholic public school education in rural surroundings, while l ...

and

Oriel College, Oxford Oriel College () is Colleges of the University of Oxford, a constituent college of the University of Oxford in Oxford, England. Located in Oriel Square, the college has the distinction of being the oldest royal foundation in Oxford (a title for ...

, where he gained a First in Jurisprudence in 1890. He was active in the

Oxford Union The Oxford Union Society, commonly referred to as the Oxford Union, is a debating society in the city of Oxford, England, whose membership is drawn primarily from the University of Oxford. Founded in 1823, it is one of Britain's oldest unive ...

, and in 1887 made a speech in favour of

Home Rule Home rule is the government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governan ...

that led

A. V. Dicey Albert Venn Dicey, (4 February 1835 – 7 April 1922) was a British Whig jurist and constitutional theorist. He is most widely known as the author of '' Introduction to the Study of the Law of the Constitution'' (1885). The principles it expou ...

, an opponent of Home Rule, to write a letter of congratulations to his father. He was

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 ...

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

in 1893. He practised at the Chancery bar in the chambers of Matthew Ingle Joyce. In 1908 he was appointed a

king's counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

. As was customary for Chancery silks, Russell attached himself to the court of one Chancery Division judge, first to the court of Mr Justice Swinfen Eady, then to that of Mr Justice Astbury. His practice was very successful, and in 1918 he became one of the 'specials' at the Chancery bar, i.e. a barrister who charged a £50 extra fee for any court appearance.

Judicial career

In 1919 Russell, a Roman Catholic, appeared in front of the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

in ''Bourne v Keane'' 919AC 815, in which the Lords overturned the rule that a bequest for masses for the dead was void for being "for superstitious uses". Lord Birkenhead, who had heard the case, was so impressed by Russell's performance that he arranged for him to be appointed 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 ...

of the High Court the same year. Unusually, upon appointment Russell declined the customary knighthood because, as the son of a peer, he outranked a

knight bachelor The title of Knight Bachelor is the basic rank granted to a man who has been knighted by the monarch but not inducted as a member of one of the organised Order of chivalry, orders of chivalry; it is a part of the Orders, decorations, and medals ...

. In 1928 he was promoted to the

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

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) Just ...

. He was sworn of the Privy Council on 7 May 1928. A year later, on 18 November 1929, he was appointed

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 became 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. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...

as Baron Russell of Killowen, of Killowen in the

County Down County Down () is one of the six counties of Northern Ireland, one of the nine counties of Ulster and one of the traditional thirty-two counties of Ireland. It covers an area of and has a population of 552,261. It borders County Antrim to the ...

, the same his father already had and his son would have. He resigned in 1946 for health reasons and died the same year. Russell married at the

Brompton Oratory Brompton Oratory, also known as the London Oratory, is a neo-classical late-Victorian Catholic parish church in the Brompton area of the Royal Borough of Kensington and Chelsea, neighbouring Knightsbridge, London. Its name stems from Oratorian ...

on 17 February 1900 Mary Emily Ritchie, daughter of Charles Ritchie, 1st Baron Ritchie of Dundee. They had one son, Charles Ritchie Russell, Baron Russell of Killowen, who would also be appointed a Lord of Appeal in Ordinary (in 1975).

Notable judgments

* ''

Inland Revenue Commissioners v Duke of Westminster Inland may refer to: Places Sweden * Inland Fräkne Hundred, a hundred of Bohuslän in Sweden * Inland Northern Hundred, a hundred of Bohuslän in Sweden * Inland Southern Hundred, a hundred of Bohuslän in Sweden * Inland Torpe Hundred, a hund ...

'' 936AC 1 * ''

Regal (Hastings) Ltd v Gulliver {{Infobox court case , name = Regal (Hastings) Ltd v Gulliver , court = House of Lords , image = Weissenhorn Stadttheater.jpg , date decided = 20 February 1967 , full name = , citations = 9671 All ER 378, 9672 AC 134, 942UKHL 1 , judges ...

942 Year 942 (Roman numerals, CMXLII) was a common year starting on Saturday of the Julian calendar. Events By place Europe * Summer – The Hungarian raid in Spain (942), Hungarians invade Al-Andalus (modern Spain) and besiege the f ...

1 All ER 378

Arms

References

{{DEFAULTSORT:Russell, Frank 1867 births 1946 deaths Russell of Killowen Members of the Judicial Committee of the Privy Council Members of the Privy Council of the United Kingdom People educated at Beaumont College Alumni of Oriel College, Oxford Members of Lincoln's Inn British King's Counsel English Roman Catholics Lord justices of appeal Chancery Division judges Sons of life peers Russell 1 Life peers created by George V