Colin Pearson, Baron Pearson
Encyclopedia
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, KC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, CBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
(28 July 1899 – 31 January 1980) was a Canadian-born English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. Rising to sit as a judge in the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, he is best remembered for his unspectacular but efficient and courteous chairmanship of industrial inquiries and royal commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
s. His 1978 report into civil liability and compensation for personal injury
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
made proposals for state pensions for accident victims that were largely rejected by government at the time. He was appointed CBE in 1946, knighted in 1951, and sworn of the privy council in 1961. He became a bencher of his inn in 1951, and was treasurer in 1974.
Early life and legal career
Born in Minnedosa, ManitobaMinnedosa, Manitoba
Minnedosa is a town in the southwestern part of the Canadian province of Manitoba. Situated 50 kilometres north of Brandon, Manitoba on the Little Saskatchewan River, the name means "flowing water" in Sioux. The population of Minnedosa reported in the 2006 Statistics Canada Census was 2,474...
, Canada, he was the youngest child of lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
Ernest William Pearson (1861–1936) and Jessie née Borland (died 1948). When Colin was 7, the family moved to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and he was educated at St. Paul's School. He served in the Guards
Guards Division
The Guards Division is an administrative unit of the British Army responsible for the administration of the regiments of Foot Guards and the London Regiment.-Introduction:...
at the end of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
before attending Balliol College, Oxford
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....
to study c]Classics (Literae Humaniores
Literae Humaniores
Literae Humaniores is the name given to an undergraduate course focused on Classics at Oxford and some other universities.The Latin name means literally "more humane letters", but is perhaps better rendered as "Advanced Studies", since humaniores has the sense of "more refined" or "more learned",...
'). Taking up the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, he joined the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
and was called to the bar in 1924, becoming a student of Walter Monckton in the chambers of Frederick Temple Barrington-Ward (KC). He later joined the chambers of Sir William Jowitt (KC) where he started to build up a substantial common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
practice.
When Jowitt became Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, Pearson was briefed as his junior in the "derating cases" arising from the Rating and Valuation (Apportionment) Act 1928.
In 1930, Pearson became junior counsel (common law) to the Ministry of Works and in 1937, Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Hythe
Hythe
Hythe may refer to a landing-place, port or haven, or to:Placenames in Canada*Hythe, Alberta Placenames in England*Hythe, Essex *Hythe, Hampshire...
. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, from 1939 to 1945, he worked at the Treasury Solicitor's office. Returning to the Bar
Barristers in England and Wales
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. -Origin of the profession:The work of senior legal professionals in England and Wales...
after the war, he took silk in 1949 and, despite only a modest reputation as an advocate, was appointed a judge of the King's Bench Division of the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in 1951.
Commission chairman and senior judge
In 1958 Pearson chaired a committee to consider the rules for investmentInvestment
Investment has different meanings in finance and economics. Finance investment is putting money into something with the expectation of gain, that upon thorough analysis, has a high degree of security for the principal amount, as well as security of return, within an expected period of time...
of funds paid into court to provide for, among others, widows and children who were awarded compensation. The committee reported in 1959, firmly recommending a less risk averse
Risk aversion
Risk aversion is a concept in psychology, economics, and finance, based on the behavior of humans while exposed to uncertainty....
approach to investment, suggesting investment in equities but with risk
Risk
Risk is the potential that a chosen action or activity will lead to a loss . The notion implies that a choice having an influence on the outcome exists . Potential losses themselves may also be called "risks"...
sharing between funds. The recommendations led to the Administration of Justice Act, 1965. The only recommendation not implemented was that, where there were no children, funds for widows should continue to be mangaged by the courts.
In 1960, Pearson was appointed President of the Restrictive Practices Court
Restrictive Practices Court
The Restrictive Practices Court is a senior court of record in the United Kingdom. It was created in 1956 to foster competition through enforcement of the Restrictive Trade Practices Act 1956. Though the Court was overhauled in 1976, by the end of the century, the legislation was perceived as...
but in 1961 he was made a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
and sworn to the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
. In 1963 he became Chairman of the Law Reform Committee and was involved in many of the radical law reforms of the 1960s. He was a member of the Supreme Court Rules Committee and led the adoption and assimilation of the recommendations of the Evershed Committee on Practice and Procedure.
In April 1964, Minister of Labour
Secretary of State for Employment
The Secretary of State for Employment was a position in the Cabinet of the United Kingdom. In 1995 it was merged with Secretary of State for Education to make the Secretary of State for Education and Employment...
Joseph Godber
Joseph Godber
Joseph Bradshaw Godber, Baron Godber of Willington PC was a British Conservative Party politician and cabinet minister.-Background:...
appointed Pearson chairman of the court of inquiry into the power dispute of 1964
Power dispute of 1964
The power dispute of 1964 was an industrial action by electric power workers in the United Kingdom that raised fears of power cuts which were ultimately averted through negotiation with the employers.Unions representing 128,000 manual workers demanded:...
. Winning increasing respect, on 18 February 1965, he was made a Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
, being created a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
with the title Baron Pearson of Minnedosa in Canada and of the Royal Borough of Kensington and Chelsea
Royal Borough of Kensington and Chelsea
The Royal Borough of Kensington and Chelsea is a central London borough of Royal borough status. After the City of Westminster, it is the wealthiest borough in England....
.
In 1966 he again chaired an inquiry following the seamen's strike of 1966. Pearson's findings were sympathetic to, and supportive of, the seamen's claims for improved conditions and were welcomed by the National Union of Seamen
National Union of Seamen
The National Union of Seamen was the principal trade union of merchant seafarers in the United Kingdom from the late 1880s to 1990. In 1990, the union amalgamated with the National Union of Railwaymen to form the National Union of Rail, Maritime and Transport Workers .- The National Amalgamated...
and employers alike. He reprised his role with the civil air transport industry dispute of 1967-1968, the British Steel dispute of 1968 and the docks strike of 1970. From 1971 to 1972 he chaired the Arbitral Body on Teachers' Remuneration.
Pearson commission on civil liability and compensation
In 1973, Pearson was chosen to chair the Royal Commission on Civil Liability and Personal Injury. The commission reported in 1978. Pearson believed that tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
's traditional role of compensation had become outdated with the rise of the welfare state
Welfare state
A welfare state is a "concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those...
since the end of World War II.
He saw the benefits system as having the primary role of providing compensation and security following an accident, and litigation as being secondary. As a result, the commission recommended a no-fault insurance
No-fault insurance
In its broadest sense, "no-fault insurance" is a term used to describe any type of insurance contract under which insureds are indemnified for losses by their own insurance company, regardless of fault in the incident generating losses. In this sense, it is no different from first-party coverage...
scheme for road traffic and industrial accidents, similar to the subsequent New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
Accident Compensation Corporation
Accident Compensation Corporation
The Accident Compensation Corporation is a New Zealand Crown entity responsible for administering the Accident Compensation Act 2001. The Act provides support to citizens, residents, and temporary visitors who have suffered personal injuries....
, and a scheme of strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
for consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
. However, the government's response was cool and the recommendations were not followed up.
Leading cases as judge
- Anisminic v Foreign Compensation CommissionAnisminic v Foreign Compensation CommissionAnisminic is an important House of Lords decision in the area of administrative law, establishing in particular that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause does not deprive the courts from their jurisdiction in judicial review...
(1968); - Baker v. WilloughbyBaker v. WilloughbyBaker v Willoughby [1969] 3 All ER 1528 was a House of Lords case decision on causation in the law of torts, notable for its idiosyncratic facts...
(1969); - Home Office v. Dorset Yacht Co.Home Office v. Dorset Yacht Co.Home Office v Dorset Yacht Co Ltd [1970] is a leading case in English tort law. It is a House of Lords decision on negligence and marked the start of a rapid expansion in the scope of negligence in the United Kingdom by widening the circumstances in which a court was likely to find a duty of care...
(1970).
Family and other interests
On 30 July 1931, he married Sophie Grace Thomas with whom he had a son and a daughter. He was vice-chairman of the council of Bedford College (1959–1962), in succession to his former pupilmaster Lord Monkton, and he did much to help his old school St. Paul's. Pearson became a bencherBencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of the Inner Temple in 1951 and Treasurer in 1974. He retired as a judge in 1974 but occasionally spoke in debates in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
thereafter. He died in London.