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An Exploration of Lord Justice Denning: The Beginning

Writer's picture: Sophie EnserSophie Enser
May 14, 20215 min read

Introduction:


Lord Justice Denning, one of the most celebrated English judges of the modern era and a name most law students should be or will become very familiar with, very quickly.


This article will be the first in a series; an exploration of ‘the people’s judge’. A life spanning across 100 years, his contribution to the profession will be scrutinised, from his success in transforming the law and willingness to override precedent, to his ill-judged remarks causing uproar among society. In addition, his dissenting judgments in particular will be evaluated, where the input and influence Denning had over Parliament changed the law and produced justice for so many. There will be an overview of his journey to the House of Lords, before highlighting his contributions, and honing in on specific cases where his views had such an impact. It should be noted that this article is intended to be read with consideration of the context upon which these views were delivered, as there may have been more acceptance and/or controversy dependent upon society at the time.

 

Background:


Denning was born in 1899 in Hampshire. His education was disrupted by First World War service, but he went on to achieve first class honours from the School of Jurisprudence, and was called to the Bar by Lincoln’s Inn in 1923. He was appointed a judge of the High Court in 1944, before transferring to the King’s Bench Division in 1945, becoming a Lord Justice of Appeal until 1957 and being appointed a Lord of Appeal in Ordinary. As Master of the Rolls, Denning served in the House of Lords for five years, consistently with the aim to restate and adapt the law. Often, however, he was at odds with other judges who did not share his vision of using judicial power to ‘straighten out the law here and now’. Overall, Lord Denning served on the bench, eventually serving in the House of Lords for almost 40 years, which is one of the reasons for his extensive reach into law reform. He stopped practicing in the mid-1980s, however, he was still such an influential individual among society, as will be discussed in more depth.

 

Reform:


There were many reforms and changes that were led by Denning to alter the law, to reach ‘a more palatable conclusion’. He was an early judicial activist, who aimed to change precedent in line with changing times and circumstances. A small summary of these include his revival of the concept of promissory estoppel, which was led by how he regarded justice between parties. In addition, his judgments from the 1970s regarding trade unions were used to form the basis of new legislation introduced to adapt the current law and/or replace it entirely. Furthermore, Denning fought for women and specifically wives’ rights in the matrimonial home, where he argued that a wife ‘is beginning to be regarded by the law as a partner in all affairs which are their common concern’. His judgment changed precedent, meaning that the husband could not automatically banish his wife from the property other than for a valid legal reason allowed for by the courts explicitly.


There will be further discussion into the substantial changes that Denning made in future segments, however, this is a general summary of the main alterations to the law that should be considered. Lord Hailsham once commented that, “[T]he trouble with Tom Denning is he is always re-making the law, and we never know where we are”. It would be fair to suggest that his contribution to the law, whilst largely positive, was extremely influential to the extent that the law could change so drastically so quickly, something fairly unusual to see in the profession. However, his contributions were not always viewed with respect from society, nor accepted, as will be clarified now.


 

Controversy:


It is not surprising that as a man of 100 years, his views may be hard to change to align with the present society. In an article labelled ‘If only Lord Denning had died at seventy’, Wilson explored the other side to the Master of the Rolls, arguing that if an individual lives to a significant age, ‘many of the things which you regarded as virtues in your youth will have become vices in the eyes of your younger contemporaries’. Whilst perhaps a certain degree of sympathy should be given to Denning due to his age affecting his views, this should not be something to expect from the individuals judging on the most contemporary ideals of the period – it is arguable that they should be able to adapt. One of the main issues with Denning was that he could not hide his personal prejudices in a judgment, which would often cause uproar following a particular decision. One of the most controversial judgments given by Denning was where a student teacher had sex with her boyfriend in residential halls during time at university. He stated that a woman behaving in such a way would never make it as a teacher. This appears to be highly inconsistent with his support and persistence with the development of women’s rights, however, it demonstrates Denning’s ‘old-school’ frame of mind very clearly.


Perhaps it would be unfair to hold Denning to the standard of younger judges, but as an individual employed to distribute the most justice for the greatest number of people, surely his views should have developed to align more closely with society, so not as to shame a young woman for having sex. Another of Denning’s controversial moments was made clear when he commented on the Guildford Four conviction, stating that had the death penalty been in existence, ‘they’d have probably hanged the right men’. He later stated that this was taken out of context and he was not a practicing judge at this point. However, Denning had such an influential reach that necessitated his careful use of language, regardless of being retired.

 

Concluding Thoughts:


To conclude, this article has discussed the life of Lord Justice Denning, a celebrated and highly successful judge of England. Whilst he has been controversial on occasion, this should not detract from his contributions to the profession that have led to changes in legislation and the way the modern world views justice. Following articles will focus on more specific examples of where Denning has been influential, but where his judgments have led to a change in the law, such as the development of women’s rights.

 

Sources



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