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词条 Richard Wilberforce, Baron Wilberforce
释义

  1. Early life and career

  2. Wartime service

  3. Return to the bar

  4. Judicial career

  5. Famous judgments

  6. Publications

  7. References

  8. External links

{{Use British English|date=November 2013}}{{Infobox judge
| honorific-prefix = The Right Honourable
| name = The Lord Wilberforce
| honorific-suffix = CMG, OBE, PC
|image = RichardWilberforce.jpg
|imagesize = 200px
| caption =
| order =
| office1 = Justice of the High Court
| term_start1 =
| term_end1 =
| nominator1 =
| appointer1 =
| predecessor1 =
| successor1 =
| birth_date = 11 March 1907
| birth_place =Jullundur, British India
| death_date = 15 February 2003 (aged 95)
| death_place =
| nationality = English
| spouse =
| party =
| relations =
| children =
| residence =
| alma_mater = New College, Oxford
| profession = Barrister, Judge
| signature =
|office=Lord of Appeal in Ordinary|termstart=1964|termend=1982}}

Richard Orme Wilberforce, Baron Wilberforce {{Post-nominals|country=GBR|CMG|OBE|PC}} (11 March 1907 – 15 February 2003), was a British judge.

Early life and career

Born in Jullundur, India, Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Samuel Wilberforce, sometime Bishop of Oxford and his great-grandfather was the famous abolitionist William Wilberforce, a family connection which had much influence on Wilberforce.

Wilberforce attended Norwich School, Sandroyd School, and Winchester College, where Monty Rendall, the headmaster, convinced him to drop Mathematics, in which he excelled, in favour of Classics. From Winchester he entered New College, Oxford, where he was a scholar, obtaining Firsts in both Classical Moderations (1928) and Literae humaniores (1930). In addition to the Craven, Hertford, and Ireland scholarships in Classics, he also won the Eldon Law Scholarship.

Moving to London, in 1931 or 1932 Wilberforce was called to the bar at the Middle Temple. In 1932, on his third attempt, he was elected a Prize Fellow of All Souls College: the two other successful candidates that year were Isaiah Berlin and Patrick Reilly. Wilberforce remained a fellow of the college until his death. In London, Wilberforce practice at the Chancery bar but, lacking family connections, his earnings were small.

Wartime service

Having joined the Army reserves after Munich, at the outbreak of the Second World War in 1939 Wilberforce volunteered for service in the British Army. In 1940 he was aide-de-camp to Major-General Bernard Paget, who led the British expeditionary force during the Norwegian Campaign. He was later posted to the War Office where, as a lieutenant colonel he was put in charge of Army entertainments. In 1944 he was attached to the Supreme Headquarters Allied Expeditionary Force. In 1945 he drafted the German military surrender which Field Marshal Wilhelm Keitel signed in Berlin on 8 May.

After the German surrender Wilberforce, by then a Brigadier, headed the British legal section of the Allied Control Council. In 1946–7 he returned to London to serve as Under-Secretary at the Control Office for Germany and Austria. For his wartime service, Wilberforce was appointed an OBE and received the American Bronze Star. He retained the rank of honorary brigadier.

While in Berlin, Wilberforce met Yvette Marie Lenoan, a captain in the French Army and the daughter of a judge of the Cour de Cassation posted to Berlin: they married in 1947.

Return to the bar

Wilberforce returned to the bar in 1947, upon the abolition of the Control Office for Germany and Austria. His old set of chambers had disappeared, forcing him to find new accommodation. He participated in several Foreign Office cases, including Corfu Channel case and the Nowegian Fisheries case. He was also appointed as the British legal member of the International Civil Aviation Organization. He became a Queen's Counsel in 1954. He was appointed a CMG for services in relation to the Warsaw Convention in 1956.

In the 1950 election, he stood for Kingston upon Hull Central as the Conservative candidate, but lost.

Judicial career

Wilberforce was appointed to the High Court and assigned to the Chancery Division in 1961, receiving the customary knighthood. In 1964, he was elevated to the House of Lords as a Lord of Appeal in Ordinary, and was made a life peer as Baron Wilberforce, of the City and County of Kingston-upon-Hull. He is the only England and Wales 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. He served as a Law Lord for 18 years, and heard 465 appeals.

Wilberforce was Chancellor of the University of Hull between 1978 and 1994.

Famous judgments

Wilberforce gave many important and prescient judgments, including in the following cases:

  • Eastham v Newcastle United FC [1964] Ch 413
  • National Provincial Bank Ltd v Ainsworth [1965] AC 1175
  • Boardman v Phipps [1967] 2 AC 46
  • Boys v Chaplin [1969] 2 All ER 1085
  • Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567
  • McPhail v Doulton [1971] AC 424
  • Prenn v Simmonds [1971] 1 WLR 1381
  • Ebrahimi v Westbourne Galleries Ltd [1973] AC 360
  • Howard Smith Ltd v Ampol Petroleum Ltd [1974] AC 821
  • Anns v Merton London Borough Council [1978] AC 728
  • Johnson v Agnew [1979] 1 All ER 883
  • Photo Production Ltd v Securicor Transport Ltd [1980] AC 827
  • Williams & Glyn's Bank v Boland [1980] UKHL 4
  • Midland Bank Trust Co Ltd v Green (No 1) [1980] UKHL 7 (11 December 1980)
  • College of Nursing of the United Kingdom v Department of Health and Social Security (1981)
  • Ramsay v IRC [1982] AC 300
  • MPC v Caldwell [1982] AC 341 House of Lords
  • Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH [1983] 2 AC 34
  • McLoughlin v O'Brian [1983] 1 AC 410
  • Frazer v Walker and Radomski
  • R v Inland Revenue Commissioners, ex parte National Federation of Self-Employed & Small Business Ltd
{{Expand list|date=August 2008}}
  • The Diana Prosperity [1976] 1 WLR 989

Publications

  • with Alan Campbell and Neil Elles, The Law of Restrictive Practices and Monopolies (2nd edn London, Sweet and Maxwell 1966) {{LCCN|66070116}}
  • Law and economics: Being the presidential address of the Rt. Hon. Lord Wilberforce (Holdsworth Club 1966)

References

External links

  • The Guardian obituary
{{Authority control}}{{DEFAULTSORT:Wilberforce, Richard}}

24 : 1907 births|2003 deaths|Conservative Party (UK) politicians|English judges|Fellows of All Souls College, Oxford|People educated at Norwich School (independent school)|People educated at Winchester College|Alumni of New College, Oxford|Law lords|People associated with the University of Hull|Members of the Privy Council of the United Kingdom|Chancery Division judges|Members of the Judicial Committee of the Privy Council|Conservative Party (UK) life peers|Senior Lords of Appeal in Ordinary|Wilberforce family|Companions of the Order of St Michael and St George|Officers of the Order of the British Empire|Royal Artillery officers|Members of the Permanent Court of Arbitration|British Queen's Counsel|Queen's Counsel 1901–2000|Knights Bachelor|British judges of international courts and tribunals

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