Richard Wilberforce, Baron Wilberforce
Encyclopedia
Richard Orme Wilberforce, Baron Wilberforce, PC
(11 March 1907 – 15 February 2003) was a Lord of Appeal in Ordinary
in the House of Lords
from 1964 to 1982.
Richard Wilberforce was a great-great-grandson of the famous abolitionist William Wilberforce
, and son of a judge of the Lahore High Court. He grew up in India and attended Winchester College
and New College, Oxford
, and was later elected a Fellow of All Souls College. He was called to the Bar in 1932 and became a Queen's Counsel
in 1954.
He was first appointed to the bench in 1961 as a Chancery judge. Then in 1964 he was appointed to the House of Lords as a Lord Appeal in Ordinary, made additionally a life peer
as Baron Wilberforce, of the City and County of Kingston-upon-Hull. He is the only judge in recent times to have been appointed to the House of Lords
straight from the High Court
Bench, without serving in the Court of Appeal. His decisions were known for being reserved and cautious.
Wilberforce was Chancellor
of the University of Hull
between 1978 and 1994.
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...
(11 March 1907 – 15 February 2003) was a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
in the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
from 1964 to 1982.
Richard Wilberforce was a great-great-grandson of the famous abolitionist William Wilberforce
William Wilberforce
William Wilberforce was a British politician, a philanthropist and a leader of the movement to abolish the slave trade. A native of Kingston upon Hull, Yorkshire, he began his political career in 1780, eventually becoming the independent Member of Parliament for Yorkshire...
, and son of a judge of the Lahore High Court. He grew up in India and attended Winchester College
Winchester College
Winchester College is an independent school for boys in the British public school tradition, situated in Winchester, Hampshire, the former capital of England. It has existed in its present location for over 600 years and claims the longest unbroken history of any school in England...
and New College, Oxford
New College, Oxford
New College is one of the constituent colleges of the University of Oxford in the United Kingdom.- Overview :The College's official name, College of St Mary, is the same as that of the older Oriel College; hence, it has been referred to as the "New College of St Mary", and is now almost always...
, and was later elected a Fellow of All Souls College. He was called to the Bar in 1932 and became a Queen'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 1954.
He was first appointed to the bench in 1961 as a Chancery judge. Then in 1964 he was appointed to the House of Lords as a Lord Appeal in Ordinary, made additionally a 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...
as Baron Wilberforce, of the City and County of Kingston-upon-Hull. He is the only judge in recent times to have been appointed to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
straight from 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...
Bench, without serving in the Court of Appeal. His decisions were known for being reserved and cautious.
Wilberforce was Chancellor
Chancellor (education)
A chancellor or vice-chancellor is the chief executive of a university. Other titles are sometimes used, such as president or rector....
of the University of Hull
University of Hull
The University of Hull, known informally as Hull University, is an English university, founded in 1927, located in Hull, a city in the East Riding of Yorkshire...
between 1978 and 1994.
Famous judgments
Lord Wilberforce gave many important and prescient judgments, including his judgments in the following cases:- Boardman v Phipps [1967] 2 AC 46
- Boys v ChaplinBoys v ChaplinBoys v Chaplin, [1969] 2 All ER 1085 is a leading conflict of laws case decided by the House of Lords.-Judgment:The Court modified the test in Phillips v Eyre on whether a court can assume jurisdiction over a tort that occurred in another country by requiring "double actionability". Originally the...
[1969] 2 All ER 1085 - Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567
- McPhail v DoultonMcPhail v DoultonRe Baden's Deed Trusts or McPhail v Doulton [1971] AC 424 was a landmark decision of the House of Lords in English trusts law.-Facts:...
[1971] AC 424 - Prenn v Simmonds [1971] 1 WLR 1381
- Ebrahimi v Westbourne Galleries Ltd [1973] AC 360
- Anns v Merton London Borough Council [1978] AC 728
- Johnson v AgnewJohnson v AgnewJohnson v Agnew [1980] AC 367 is a landmark English contract law case on the date for assessing damages. Lord Wilberforce decided that the date appropriate is the date of breach, or when a contracting party could reasonably be aware of a breach....
[1979] 1 All ER 883 - Photo Production Ltd v Securicor Transport Ltd [1980] AC 827
- College of Nursing of the United Kingdom v Department of Health and Social Security (1981)
- Ramsay v IRC [1982] AC 300
- Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbHBrinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbHBrinkibon Ltd v Stahag Stahl [1983] 2 AC 34 is a leading decision of the House of Lords on the formation of a contract using telecommunication. The Lords largely accepted the earlier leading decision of Entores v Miles Far East Co. [1955] 2 QB 327 on acceptance via telex.-Facts:Brinkibon was a...
[1983] 2 AC 34 - McLoughlin v O'Brian [1983] 1 AC 410
- Williams & Glyn's Bank v Boland
- Frazer v Walker and Radomski
- Eastham v Newcastle United FC
- R v Inland Revenue Commissioners, ex parte National Federation of Self-Employed & Small Business Ltd
Publications
- with Alan Campbell and Neil Elles, The Law of Restrictive Practices and Monopolies (2nd edn London, Sweet and Maxwell 1966)
- Law and economics: Being the presidential address of the Rt. Hon. Lord Wilberforce (Holdsworth Club 1966)