Gerald Upjohn, Baron Upjohn
Brigadier Gerald Ritchie Upjohn, Baron Upjohn CBE, PC, DL (25 February 1903 – 27 January 1971) was a British soldier and judge.
The younger son of William Henry Upjohn served in the Welsh Guards during the Second World War, reaching the rank of brigadier. In 1948, he sat with Sir George Lynskey and Sir Godfrey Vick on the Lynskey tribunal. Appointed to the Privy Council in 1960, he was Lord Justice of Appeal from 1960 to 1963. On 26 November 1963 he became a Lord of Appeal in Ordinary and was made additionally a life peer by the style title Baron Upjohn, of Little Tey in the County of Essex.[1]
While a Lord of Appeal in Ordinary he contributed to a number of significant cases. Three cases of particular importance are Boardman v Phipps [1967] 2 AC 46 (giving a powerful dissent), Vandervell v IRC [1967] 2 AC 291 (where he gave a majority speech) and In re Gulbenkian's Settlements [1970] AC 508.
An interesting problem arose on Lord Upjohn's death. The Judicial Committee of the House of Lords would ideally sit with an odd number of judges, to ensure a clear decision. Lord Upjohn's death raised the problem of an equally divided Appellate Committee. Kennedy v Spratt [1971] 2 WLR 667 remained on the docket and Lord Upjohn had already prepared a speech, intending to vote with Lord Reid and Lord Diplock, dismissing the appeal. Lord Reid read Lord Upjohn's speech as a part of his own and in accordance with the presumption in favour of the status quo (semper pracsumitur pro negante), the appeal was dismissed. It has been pointed out that, 'had Lord Upjohn been in favour of allowing the appeal, the application of the principle would have produced a disgruntled appellant whose victory had been snatched from under his nose: it may well be that such manifest injustice would have led to the case being reargued before a reconstituted court.'[2]
Notable Cases
As Counsel
Eaves v.Eaves [1939] Ch. 1000
Re Diplock [1948] Ch. 465
Ministry of Health v Simpson [1951] A.C. 251
As Upjohn J
Copeland v Greenhalf [1952] Ch 488
Thompson (WL) Ltd v Robinson (Gunmakers) Ltd, [1955] Ch 177
Merricks v. Heathcote Amory [1955] Ch. 567
In the Court of Appeal
Hong Kong Fir v Kawasaki [1962] 2 QB 26;
In Re Pauling's Settlement Trusts [1964] Ch. 303
Car and Universal Finance Co Ltd v Caldwell [1965] 1 QB 525
In the Privy Council
Paradise Beach and Transportation Co Ltd v Price-Robinson [1968] AC 1072
In the House of Lords
Practice Statement (Judicial Precedent) [1966] 1 WLR 1234
Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale [1967] 1 A.C. 361
Boardman v Phipps [1967] 2 AC 46
Vandervell v IRC [1967] 2 AC 291
Beswick v Beswick [1968] AC 58
C Czarnikow Ltd v Koufos or The Heron II [1969] 1 AC 350
In re Gulbenkian's Settlements [1970] AC 508
Pettitt v. Pettitt [1970] A.C. 777
Redland Bricks Ltd. v. Morris [1970] A.C. 652