Henry McCardie
Encyclopedia
Sir Henry Alfred McCardie (19 July 1869 - 26 April 1933) was a controversial British judge. Educated at King Edward's School, Birmingham
he left school at 16 and spent several years working for an auctioneer before qualifying as a barrister and being called to the Bar
in 1894. Despite his lack of a university degree and the business connections that went with it McCardie built up a successful practice in Birmingham and the Midland and Oxford Circuit through a combination of clear arguments, confident advocacy and intense work; he worked so late in his chambers that they became known as "the lighthouse". He moved to London to continue work in 1904 and was a popular barrister, on one day handling twenty-one cases in twenty-one different courts. At the peak of his career he was earning £20,000 while still a junior barrister
; a massive amount for that period.
He was appointed as a judge of the High Court
King's Bench
Division in 1916 at the personal recommendation of the Prime Minister H. H. Asquith
despite only being a junior barrister (his application to become a King's Counsel
in 1910 had been withdrawn), a rarity as most High Court judges were KCs. He became known for two things; firstly the quality and detail of his written judgements, and secondly his tendency to rebel against the judicial norm and criticise the system, which prevented him from advancing further up the judicial hierarchy. He was popular with the Bar and became a bencher of the Middle Temple
in 1916 and a reader in 1927, but received much criticism from the judiciary for his judgements. After several bouts of illness and depression while on circuit he committed suicide on 26 April 1933 in his flat.
to Joseph McCardie, an Irish merchant and button maker, and his English wife Jane Hunt. His father died when McCardie was eight, and as a result he and his six siblings were raised by their mother alone. He was educated at King Edward's School, Birmingham
and was noted as intelligent but lazy. He left the school when he was sixteen to get a job and for several years worked in an auctioneers office before being admitted to the Middle Temple
in 1891. He was called to the bar on 18 April 1894 and almost immediately began work at the chambers of James Parfit (known as J.J. Parfit) in Birmingham.
20,000. During his time at the bar McCardie represented large organisations such as railway companies and banks, and was a popular barrister. On once occasion he and the QC he was working with Edward Marshall-Hall
walked out of court in the middle of a case; it was felt that as such a popular and effective junior barrister McCardie must have been in the right or . McCardie applied to Robert Reid
the Lord Chancellor to become a King's Counsel
in 1910, but the delay while Reid considered the application harmed McCardie's business, and he withdrew it. In 1916 on the promotion of Sir Edward Scrutton
to the Court of Appeal
he was asked to become a judge in the High Court of Justice
King's Bench division, something considered extraordinary as most High Court judges were KCs.
While on circuit in 1933 McCardie caught influenza, and the illness and lack of sleep that resulted from it drove him into a deep depression. On 26 April 1933 he shot himself in his flat; the coroner ruled that it was suicide. After his death it came out that he had massive gambling debts, and that he was being blackmailed as a result.. It was also suggested that dabbling in the occult had given him a morbid premonition of death.
Henry Cecil Leon
in his memoir Just Within the Law wrote " I have only the happiest memories of appearing before him".
King Edward's School, Birmingham
King Edward's School is an independent secondary school in Birmingham, England, founded by King Edward VI in 1552. It is part of the Foundation of the Schools of King Edward VI in Birmingham, and is widely regarded as one of the most academically successful schools in the country, according to...
he left school at 16 and spent several years working for an auctioneer before qualifying as a barrister and being called to the Bar
Call 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 a "call to the bar"...
in 1894. Despite his lack of a university degree and the business connections that went with it McCardie built up a successful practice in Birmingham and the Midland and Oxford Circuit through a combination of clear arguments, confident advocacy and intense work; he worked so late in his chambers that they became known as "the lighthouse". He moved to London to continue work in 1904 and was a popular barrister, on one day handling twenty-one cases in twenty-one different courts. At the peak of his career he was earning £20,000 while still a junior barrister
Junior barrister
A junior barrister is a barrister who has not yet attained the rank of Queen's Counsel. Although the term is archaic and not commonly used, junior barristers can also be referred to as utter barristers derived from "outer barristers" or barristers of the outer bar, in distinction to Queen's...
; a massive amount for that period.
He was appointed as a judge of the High Court
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...
King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
Division in 1916 at the personal recommendation of the Prime Minister H. H. Asquith
H. H. Asquith
Herbert Henry Asquith, 1st Earl of Oxford and Asquith, KG, PC, KC served as the Liberal Prime Minister of the United Kingdom from 1908 to 1916...
despite only being a junior barrister (his application to become a King's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1910 had been withdrawn), a rarity as most High Court judges were KCs. He became known for two things; firstly the quality and detail of his written judgements, and secondly his tendency to rebel against the judicial norm and criticise the system, which prevented him from advancing further up the judicial hierarchy. He was popular with the Bar and became a bencher of the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known 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 and Lincoln's Inn...
in 1916 and a reader in 1927, but received much criticism from the judiciary for his judgements. After several bouts of illness and depression while on circuit he committed suicide on 26 April 1933 in his flat.
Early life and education
Henry McCardie was born on 19 July 1869 in EdgbastonEdgbaston
Edgbaston is an area in the city of Birmingham in England. It is also a formal district, managed by its own district committee. The constituency includes the smaller Edgbaston ward and the wards of Bartley Green, Harborne and Quinton....
to Joseph McCardie, an Irish merchant and button maker, and his English wife Jane Hunt. His father died when McCardie was eight, and as a result he and his six siblings were raised by their mother alone. He was educated at King Edward's School, Birmingham
King Edward's School, Birmingham
King Edward's School is an independent secondary school in Birmingham, England, founded by King Edward VI in 1552. It is part of the Foundation of the Schools of King Edward VI in Birmingham, and is widely regarded as one of the most academically successful schools in the country, according to...
and was noted as intelligent but lazy. He left the school when he was sixteen to get a job and for several years worked in an auctioneers office before being admitted to the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known 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 and Lincoln's Inn...
in 1891. He was called to the bar on 18 April 1894 and almost immediately began work at the chambers of James Parfit (known as J.J. Parfit) in Birmingham.
Work at the Bar
McCardie became well known on the Midlands and Oxford Circuit for his clear arguments and the amount of time he spent working on cases and studying the law as to present the best case for his client; he worked so late that his chamber became known as "the lighthouse" as there was always a light on in the windows. He was frequently called upon by solicitors to present cases, whether alone or with a KC, and at the height of his career was earning over £Pound sterling
The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence...
20,000. During his time at the bar McCardie represented large organisations such as railway companies and banks, and was a popular barrister. On once occasion he and the QC he was working with Edward Marshall-Hall
Edward Marshall-Hall
Sir Edward Marshall Hall, KC, was an English barrister who had a formidable reputation as an orator...
walked out of court in the middle of a case; it was felt that as such a popular and effective junior barrister McCardie must have been in the right or . McCardie applied to Robert Reid
Robert Reid, 1st Earl Loreburn
Robert Threshie Reid, 1st Earl Loreburn GCMG, PC, QC was a British lawyer, judge and Liberal politician. He served as Lord Chancellor between 1905 and 1912.-Background and education:...
the Lord Chancellor to become a King's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1910, but the delay while Reid considered the application harmed McCardie's business, and he withdrew it. In 1916 on the promotion of Sir Edward Scrutton
Thomas Edward Scrutton
Sir Thomas Edward Scrutton was an English legal text-writer and judge.-Biography:Thomas Edward Scrutton was born in London, UK. He studied as a scholar at Trinity College, Cambridge, then at University College London...
to the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
he was asked to become a judge in 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...
King's Bench division, something considered extraordinary as most High Court judges were KCs.
High Court
As a judge McCardie used common language to make his judgements easier to understand, but at the same time he also made them very long and detailed. He was noted for his tendency to rebel against the opinions held by the rest of the judiciary and much of society as a whole; as early as 1931 he was supported the legalisation of abortion, saying that "I cannot think it right that a woman should be forced to bear a child against her will". He made several judgements in areas that previously had no case law; in Cohen v Sellar [1926] 1 KB 536 he decided that a fiancée who breaks off the engagement is not entitled to the return of the ring, and his ruling in Hartley v Hymans [1920] 3 KB 475 was one of the cases used by Lord Denning in his resurrection of promissory estoppel. His decisions and his differing opinions from that of the judiciary as a whole led to criticism from the Lord Chancellor and Lord Chief Justice, as well as several members of the Court of Appeal., particularly Scrutton, whose increasingly bitter attacks suggest personal antipathy, and became so extreme that the two men ended by shouting at each other in open court.While on circuit in 1933 McCardie caught influenza, and the illness and lack of sleep that resulted from it drove him into a deep depression. On 26 April 1933 he shot himself in his flat; the coroner ruled that it was suicide. After his death it came out that he had massive gambling debts, and that he was being blackmailed as a result.. It was also suggested that dabbling in the occult had given him a morbid premonition of death.
Henry Cecil Leon
Henry Cecil Leon
Henry Cecil Leon , who wrote under the pen-names Henry Cecil and Clifford Maxwell, was a judge and a writer of fiction about the British legal system. He was born near London in 1902 and was called to the Bar in 1923. Later in 1949 he was appointed a County Court Judge, a position he held until 1967...
in his memoir Just Within the Law wrote " I have only the happiest memories of appearing before him".