Gerald Upjohn, Baron Upjohn

Gerald Ritchie Upjohn, Baron Upjohn CBE PC KC ( February 25, 1903 , † January 27, 1971 ) was a British brigadier general and lawyer , who was last as Lord of Appeal in Ordinary due to the Appellate Jurisdiction Act 1876 as a life peer also member of the House of Lords was.

Life

Lawyer and Brigadier General

Upjohn, whose father William Henry Upjohn was also a lawyer and Crown Attorney ( Queen's Counsel ), completed a law degree after attending school and was admitted to the bar ( Inns of Court ) of Lincoln's Inn in 1929 . He then took up a job as a barrister and was appointed King's Counsel in 1943 for his services as a lawyer .

During the Second World War , he began his military service in the Welsh Guards in 1940 and was initially with the rank of captain technical adjutant. Upjohn was promoted to colonel in 1943 and then to brigadier general in 1944, and as such became vice-chairman of the Allied Control Commission in 1944. For his services in World War II, he became Commander of the Order of the British Empire in 1945 .

Member of the House of Lords and Lord Justice

In 1947, Upjohn David Jenkins succeeded as Attorney General of the Duchy of Lancaster and held this office until 1951. During this time, he was appointed in 1948 as the so-called "Bencher" of the Lincoln's Inn Bar Association.

In 1951 he became a judge in the Chamber for Economic Matters ( Chancery Division ) at the High Court of Justice responsible for England and Wales and held this judge's office until 1960. At the same time, he was promoted to a Knight Bachelor in 1951 and has since been named "Sir". In addition, he held the post of chairman of the Medical Faculty of the University of London ( St George's, University of London ) between 1954 and 1964 .

After completing his judicial activity at the High Court of Justice, he was appointed judge ( Lord Justice of Appeal ) at the Court of Appeal , the court of appeal responsible for England and Wales, where he worked until 1963. In addition, he was appointed Privy Councilor in 1960 .

Last Upjohn was a Letters Patent of 26 November 1963 due to the Appellate Jurisdiction Act 1876 as a life peer with the title Baron Upjohn , of Little Tey in the County of Essex, to a member of the House of Lords in the nobility called and worked until his death in 1971 as Lord Judge ( Lord of Appeal in Ordinary ). During this time, Baron Upjohn in 1965 served as Treasurer ( Treasurer ) of the Bar from Lincoln's Inn.

Significant judgments as Lord Judge

As Lord Judge, Baron Upjohn participated in several important judgments such as:

• Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale (1967): In this procedure from the Contract Law , a fundamental decision was made on the concept of a fundamental breach of contract.
• Boardman v Phipps (1967): In this process from the Trust Law, the Lord Judges dealt with questions about the duty of loyalty and the duty to avoid conflicts of interest .
• Vandervell v Inland Revenue Commissioners (1967): In this Trust Law trial, the Law Lords ruled that the mere intention of avoiding a contractual obligation - such as paying taxes - does not result in a loss of confidence.
• C Czarnikow Ltd v Koufos (1967): In this case from the Contract Law, the Lord Judges dealt with questions about the assessment of inaccessible damage and decided that the limit of liability for contractual damage should be more generous than for damage due to tort law .
• Beswick v Beswick (1968): This procedure from the Contract Law dealt with fundamental questions about contractual legal relationships and specific services.
• Re Gulbenkian's Settlements (1970): This procedure from the Trust Law was about the certainty of trusts .

Web links

• Gerald Upjohn at Hansard (English)
• Entry in Cracroft's Peerage
• Entry in Leigh Rayment Peerage
• Lords of Appeal in Ordinary 1876-2009 in Peerages