Fergus Morton, Baron Morton of Henryton
Encyclopedia
Fergus Dunlop Morton, Baron Morton of Henryton PC
, MC
(17 October 1887 – 18 July 1973) was a British
judge and law lord.
and went then to St John's College, Cambridge
, winning a scholarship in classics. Morton graduated first class in the law tripos with a Bachelor of Laws
in 1910 and a Master of Arts three years thereafter.
In 1940, he was nominated an honorary fellow by his former college and in 1951 received Honorary Doctorates of Law by the University of Cambridge
as well as the University of Glasgow
. Cambridge's Senat elected Morton a Deputy High Steward
in 1954. Two years later, the University of St Andrews
and in 1957 the University of Sydney
conferred additional doctorates upon him. Both the American Bar Association
and the Canadian Bar Association
made Morton honorary members. He became also an honorary member of the Faculty of Advocates
.
. He was promoted to captain in the following year and in July 1918, he was decorated with the Military Cross
. After the war, Morton was attached to the War Office
until 1919, when he resumed his judiciary career at the chancery bar.
In 1929 he became a King's Counsel and three years later Lincoln's Inn made him a bencher. Morton was admitted as judge to the Chancery Division of the High Court of Justice
in 1938, receiving the customary knighthood. From 1941, he chaired the Black List Committee for the following five years. He was appointed a Lord Justice of Appeal
in 1944 and on this occasion was sworn of the Privy Council
. Three years thereafter the number of the Lords of Appeal in Ordinary was increased to nine and one of the new seats was assigned to Morton. He obtained the traditional life peer
age, taking the title Baron Morton of Henryton, of Henryton, in the County of Ayr.
Morton joined the Council of Legal Education
in 1949, which he left after four years. In 1950 he sat in the Committee on the Law of Intestate Succession (named the Morton Committee) and in the subsequent year he became chairman of the Royal Commission on Marriage and Divorce (named the Morton Commission). Lincoln's Inn selected him its Treasurer in 1953. He retired as Lord of Appeal in 1959.
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, MC
Military Cross
The Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....
(17 October 1887 – 18 July 1973) was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
judge and law lord.
Background and education
Born in Glasgow, he was a younger son of George Morton. He was educated at the Kelvinside AcademyKelvinside Academy
Kelvinside Academy is a private school in the City of Glasgow, Scotland, founded in 1878. It has a capacity of 640 pupils and spans two years of Junior Start , six years of Junior School , and seven years of Senior School , comprising fifteen years in all...
and went then to St John's College, Cambridge
St John's College, Cambridge
St John's College is a constituent college of the University of Cambridge. The college's alumni include nine Nobel Prize winners, six Prime Ministers, three archbishops, at least two princes, and three Saints....
, winning a scholarship in classics. Morton graduated first class in the law tripos with a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1910 and a Master of Arts three years thereafter.
In 1940, he was nominated an honorary fellow by his former college and in 1951 received Honorary Doctorates of Law by the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
as well as the University of Glasgow
University of Glasgow
The University of Glasgow is the fourth-oldest university in the English-speaking world and one of Scotland's four ancient universities. Located in Glasgow, the university was founded in 1451 and is presently one of seventeen British higher education institutions ranked amongst the top 100 of the...
. Cambridge's Senat elected Morton a Deputy High Steward
High Steward (academia)
The High Steward in the universities of Oxford and Cambridge is a once-important but now largely ceremonial university official...
in 1954. Two years later, the University of St Andrews
University of St Andrews
The University of St Andrews, informally referred to as "St Andrews", is the oldest university in Scotland and the third oldest in the English-speaking world after Oxford and Cambridge. The university is situated in the town of St Andrews, Fife, on the east coast of Scotland. It was founded between...
and in 1957 the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
conferred additional doctorates upon him. Both the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
and the Canadian Bar Association
Canadian Bar Association
The Canadian Bar Association represents over 37,000 lawyers, judges, notaries, law teachers, and law students from across Canada.-History:The Association's first Annual Meeting was held in Montreal in 1896. However, the CBA has been in continuous existence in its present form since 1914...
made Morton honorary members. He became also an honorary member of the Faculty of Advocates
Faculty of Advocates
The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
.
Career
Morton was called to the bar in 1912. With the outbreak of the First World War in 1914, he was commissioned as lieutenant into the Highland Light InfantryHighland Light Infantry
The Highland Light Infantry was a regiment of the British Army from 1881 to 1959. In 1923 the regimental title was expanded to the Highland Light Infantry ...
. He was promoted to captain in the following year and in July 1918, he was decorated with the Military Cross
Military Cross
The Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....
. After the war, Morton was attached to the War Office
War Office
The War Office was a department of the British Government, responsible for the administration of the British Army between the 17th century and 1964, when its functions were transferred to the Ministry of Defence...
until 1919, when he resumed his judiciary career at the chancery bar.
In 1929 he became a King's Counsel and three years later Lincoln's Inn made him a bencher. Morton was admitted as judge to the Chancery Division of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in 1938, receiving the customary knighthood. From 1941, he chaired the Black List Committee for the following five years. He was appointed a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
in 1944 and on this occasion was sworn of the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, 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 monarch's closest advisors to give confidential advice on...
. Three years thereafter the number of the Lords of Appeal in Ordinary was increased to nine and one of the new seats was assigned to Morton. He obtained the traditional life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
age, taking the title Baron Morton of Henryton, of Henryton, in the County of Ayr.
Morton joined the Council of Legal Education
Council of Legal Education
The Council of Legal Education was an English supervisory body established by the four Inns of Court to regulate and improve the legal education of barristers within England and Wales.-History:...
in 1949, which he left after four years. In 1950 he sat in the Committee on the Law of Intestate Succession (named the Morton Committee) and in the subsequent year he became chairman of the Royal Commission on Marriage and Divorce (named the Morton Commission). Lincoln's Inn selected him its Treasurer in 1953. He retired as Lord of Appeal in 1959.
Notable Judicial Decisions
- Canada Steamship Lines Ltd. v. R.Canada Steamship Lines Ltd v RCanada Steamship Lines Ltd v The King is a Canadian contract law case concerning the interpretation of unfair terms contra proferentum. The case was decided by the Judicial Committee of the Privy Council, at that time the court of last resort for Canada, as part of the British Empire and...
, [1952] AC 192 (P.C.).