James Atkin, Baron Atkin
The Lord Atkin
|Lord of Appeal in Ordinary|
6 February 1928 – 25 June 1944
|Lord Justice of Appeal|
7 March 1919 – 6 February 1928
|Preceded by||Sir William Pickford|
|Succeeded by||Sir John Sankey|
|Justice of the High Court|
30 May 1913 – 7 March 1919
|Succeeded by||Sir Arthur Greer|
James Richard Atkin
Brisbane, Queensland, Australia
|Alma mater||Magdalen College, Oxford|
James Richard Atkin, Baron Atkin, PC, FBA (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world.
Early life and practice
Atkin was the son of Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth née Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always thought of himself as a Queenslander, and was President of the London Welsh Trust from 1938 to 1944.
James was born at Ellandale cottage, Tank Street, off North Quay, Brisbane, the eldest of three sons but in 1871, his mother brought him and his siblings back to her own mother's house, "Pantlludw" on the River Dovey in Wales. His father died in Brisbane in the following year. James was much influenced by his grandmother and acquired from her an egalitarian instinct and a distaste for sanctimonious posturing. His mother's sister, Amy, was the first wife of Francis Darwin, third son of Charles Darwin and his wife Emma: there is a thank-you letter extant to Charles Darwin from the eleven-year-old Dick.
Atkin attended Friars School, Bangor, and Christ College, Brecon, and won a demyship to Magdalen College, Oxford, where he read classics and literae humaniores, enjoying playing tennis in his leisure time. Atkin was called to the bar by Gray's Inn in 1891 and scoured the London law courts assessing the quality of the advocates so as to decide where to apply for pupillage. He was ultimately impressed by Thomas Scrutton and became his pupil, joining fellow pupils Frank MacKinnon, a future Lord Justice of Appeal, and Robert Wright, another future Law Lord. He took chambers at 3 Pump Court but, as did most beginning barristers at the time, struggled to find work. He shared living accommodation with Arthur Hughes who later married Mary Vivian Hughes whose book A London Family 1870–1900 mentions Atkin. He eventually established a practice in commercial law, in particular in work on behalf of the London Stock Exchange, and became known as a subtle advocate with no need to rely on theatrical effects. His practice grew from about 1900 and made a favourable impression when appearing before the future Prime Minister of the United Kingdom H. H. Asquith who was sitting as an arbitrator. Asquith was so impressed that he secured a pupillage for his own son Raymond at Atkin's chambers. By 1906, The Times considered him probably the busiest junior at the Bar. In that year Atkin took silk. Once John Hamilton was made a judge in 1909 and Scrutton in 1910, Atkin dominated the commercial Bar.
He became a judge of the King's Bench division of the High Court in 1913, receiving a knighthood. Work at the King's Bench involved him in criminal cases which had been outside his experience as a barrister but he established a high reputation as a criminal judge. Reputedly, Atkin enjoyed his six years at the King's Bench more than any others of his legal career. The following nine at the Court of Appeal he enjoyed the least.
Atkin became a Lord Justice of Appeal in 1919. In the 1920 case of Meering v Graham-White Aviation Co Ltd Atkin showed his disapproval of unjustified restriction on civil liberties by holding (obiter) that a person could sue for false imprisonment even under circumstances where he had been unaware of his imprisonment at the time. Again in 1920, in Everett v Griffiths Atkin held that Everett was owed a duty of care by a Board of Guardians who had detained him as insane on inadequate grounds. However, Lord Justices Scrutton and Bankes held otherwise and their majority prevailed over Atkin's dissenting judgment.
From 1928 until his death he was a Lord of Appeal in Ordinary under the title Baron Atkin, of Aberdovey, in the County of Merioneth.
An Anglican, Atkin was strongly motivated by his Christian faith and relied on testing the law against the demands of common sense and the interests of the ordinary working man. He came to a settled view early on in hearing a case and, as a Law Lord, his colleagues often found him indefatigable in his opinions and difficult to persuade as to the merits of alternative views.
Donoghue v Stevenson
In 1932, as a member of the House of Lords, he delivered the leading judgment in the landmark case of Donoghue v. Stevenson concerning the alleged adverse effects from an alleged snail in a bottle of ginger beer served in a café in Paisley. The case established the modern law of negligence in the UK and, indirectly, in most of the rest of the common law world, with the major exception of the United States.
Liversidge v. Anderson
He is also remembered for his dissenting judgment in Liversidge v Anderson, in which he unsuccessfully asserted the courts' right to question the wide discretionary powers of the Home Secretary to detain subjects suspected of having 'hostile associations'.
He also gave the leading judgment in Bell v. Lever Brothers Ltd., as of 2012[update], still the leading authority on common mistake under English law.
The Inn had been at a low ebb when Atkin joined. It was impoverished, its dinners and functions poorly attended and its benchers lacking professional prestige. It was largely through Atkin's efforts, and those of F.E. Smith, that the Inn's prestige was restored. Atkin was himself three times Treasurer, Master of the Library and Master of Moots.
Lucy Elizabeth (Lizzie) Hemmant (1867–1939) was the daughter of William Hemmant, a friend of Atkin's father from Brisbane. She had been born within 12 days and within 100 yards (91 m) of Atkin. William also subsequently moved to London and was important in helping Atkin to establish his stock exchange contacts. Atkin married Lizzie Hemmant in 1893 after five years' engagement.
The couple had six daughters and two sons, the elder son being killed in World War I. Atkin's daughter Rosaline became a barrister of Gray's Inn. The fourth daughter, Nancy, to her father's delight, became an actress. Nancy made her debut in Liverpool and was discovered and brought to London by Charles Hawtrey and A. A. Milne. Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader Sir Toby Low, 1st Baron Aldington.
Atkin enjoyed the music hall and in particular the humour of George Robey and Marie Lloyd. He and his wife were fond of entertaining at their succession of town homes in Kensington with musical evenings. In 1912 Atkin realised his ambition of buying a house Craig-y-Don in Aberdovey and from that time, he spent every summer there with his family. At Aberdovey, Atkin enjoyed tennis, golf and bridge. He was an enthusiast for the literary works of Edgar Wallace. Atkin was President of the London Welsh Trust, which runs the London Welsh Centre, Gray's Inn Road, from 1938 until 1944. Atkin was popular with the community in Aberdovey and was paraded into the village on a hand-drawn cab on his appointment to the High Court. When possible, he sat as a Justice of the Peace in Towyn and Machynlleth, and eventually chaired Merionethshire Quarter Sessions.
He died of bronchitis in Aberdyfi where he was buried.
- Honorary fellowship of Magdalen College, Oxford (1924);
- Fellow of the British Academy (1938);
- Foreign Honorary Member of the American Academy of Arts and Sciences (1939);
- Honorary degrees:
- University of Oxford (1931);
- University of Cambridge (1936);
- University of Reading (1938); and
- University of London (1939).
A plaque was erected in 2012 at the Harry Gibbs Commonwealth Law Courts Building – built upon the land where Ellandale cottage once stood – commemorating the birthplace of Lord Atkin, placed on the 145th anniversary of his birth and the 80th anniversary of his judgement Donoghue v Stevenson. It was arranged by the TC Beirne School of Law, University of Queensland and the Federal Court of Australia.
- High Court
- Barron v Potter  3 KB 593, small company deadlock
- Court of Appeal
- Balfour v Balfour  2 KB 571
- Meering v Graham-White Aviation Co Ltd (1920) 122 LT 44
- Everett v Griffiths  3 KB 163
- Rose & Frank Co v JR Crompton & Bros Ltd  2 KB 261, intention to create legal relations in commerce
- R v Secretary of State for Home Affairs ex parte O'Brien  2 KB 361, internment of Irish
- Russian Commercial and Industrial Bank v Comptoir d'Estcompte de Mulhouse  2 KB 630, compensation for nationalisation by Russia of banks
- Rowland v Divall  2 KB 500, failure of consideration
- National Provincial Bank v Charnley  1 KB 431, meaning of a security interest
- Glassbrook Bros v Glamorgan County Council  AC 270, dissenting in the Court of Appeal, liability of employer to pay for police protection
- Tournier v National Provincial and Union Bank of England  1 KB 461
- House of Lords and Privy Council
- France v James Coombes & Co  AC 496, definition of employee and inequality of bargaining power under section 8 of the Trade Boards Act 1909
- Bell v Lever Brothers Ltd  AC 161, common mistake
- Donoghue v Stevenson  AC 562, negligence
- Maritime National Fish Ltd v Ocean Trawlers Ltd  UKPC 1, frustration
- Woolmington v DPP  UKHL 1, presumption of innocence
- Way v Latilla  3 All ER 759
- Wilsons and Clyde Coal Ltd v English  UKHL 2
- Labour Conventions Reference  AC 326, Canadian federalism
- Reference re Alberta Statutes  UKPC 46, striking down Alberta laws on social credit
- Vita Food Products Inc v Unus Shipping Co Ltd  UKPC 7
- Nokes v Doncaster Amalgamated Collieries Ltd  AC 1014, no transfer of employment contract without the employee's consent
- Southern Foundries (1926) Ltd v Shirlaw  AC 701, implied terms
- United Australia Ltd v Barclays Bank Ltd  AC 1, administrative law
- Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd  UKHL 4, frustration and failure of consideration
- Liversidge v Anderson  AC 206
- ^ a b c d e f g h i j k Lewis (2004)
- ^ a b "Lord Atkin of Aberdovey". Monument Australia. Retrieved 4 July 2020.
- ^ "Darwin Correspondence Project – Letter 12185 – Atkin, J. R., to Darwin, C. R., 7 August ". Retrieved 9 July 2020.
- ^ Lewis (1983) p.24
- ^ Lewis (1983) p.8
- ^ Lewis (1983) p.15
- ^ "No. 28723". The London Gazette. 30 May 1913. p. 3832.
- ^ "No. 28733". The London Gazette. 1 July 1913. p. 4637.
- ^ Lewis (1983), pp. 16–18.
- ^ (1920) 122 LT 44
- ^ Giliker, P.; Beckwith, S. (2004). Tort (2nd ed.). p. p.331. ISBN 0-421-85980-6.
- ^ Lunney, M.; Oliphant, K. (2003). Tort Law:Text and Materials (2nd ed.). Oxford: Oxford University Press. pp. pp150–151. ISBN 0-19-926055-9.
- ^  3 KB 163, CA
- ^ Lewis (1983) pp36–37
- ^ "No. 33356". The London Gazette. 14 February 1928. p. 1045.
- ^ Lewis (1983) pp7–8
- ^ a b Lewis (1983) pp 11–12
- ^ Lewis (1983) p.13
- ^ "Our Former Presidents: London Welsh Centre". London Welsh Centre website. London Welsh Centre. 2010. Archived from the original on 20 July 2011. Retrieved 4 February 2011.
- ^ Lewis (1983) p.14
- ^ "Book of Members, 1780–2010: Chapter A" (PDF). American Academy of Arts and Sciences. Retrieved 27 April 2011.
- Secondary sources
- J.R. Atkin (1922). "Law for laymen". John O'London's Weekly.
- Atkin, J.R. (1922). "When witnesses fail". The Detective Magazine.
- Atkin, J.R. (1929). Appeals in English Law.
- Harding, R.W. (1964). "Lord Atkin's judicial attitudes and their illustration in commercial law and contract". Modern Law Review. 27 (4): 434–446. doi:10.1111/j.1468-2230.1964.tb01038.x.
- G. Lewis (1983). Lord Atkin. London: Butterworths. ISBN 1-84113-057-5.
- Lewis, Geoffrey (2004). "Atkin, James Richard, Baron Atkin (1867–1944)". Oxford Dictionary of National Biography. Oxford: Oxford University Press. doi:10.1093/ref:odnb/30492. Retrieved 17 December 2007. (subscription or UK public library membership required)
- 1867 births
- 1944 deaths
- People educated at Friars School, Bangor
- Alumni of Magdalen College, Oxford
- Law lords
- 20th-century English judges
- People from Brisbane
- Australian people of Irish descent
- Australian people of Welsh descent
- Australian life peers
- Members of Gray's Inn
- People educated at Christ College, Brecon
- Welsh barristers
- Welsh Anglicans
- Deaths from bronchitis
- Queen's Bench Division judges
- Members of the Judicial Committee of the Privy Council
- Fellows of the American Academy of Arts and Sciences
- Fellows of the British Academy
- Knights Bachelor
- Members of the Privy Council of the United Kingdom
- 19th-century Welsh lawyers
- Australian emigrants to the United Kingdom
- Lords Justices of Appeal
- Barons created by George V