George Wilshere, 1st Baron Bramwell
Encyclopedia
George William Wilshere Bramwell, 1st Baron Bramwell (12 June 1808 – 9 May 1892), was an English
judge.
, the eldest son of George Bramwell, of the banking firm of Dorrien, Magens, Dorrien & Mello. He was educated privately, and at the age of sixteen he entered Dorrien's bank. In 1830 he gave up this business for the law, being admitted as a student at Lincoln's Inn
in 1830, and at the Inner Temple
in 1836. At first he practised as a special pleader
, but was eventually called to the bar at both Inns in 1838. He soon worked his way into a good practice both in London and the home circuit, his knowledge of law and procedure being so well recognized that he was appointed a member of the Common Law Procedure Commission, which resulted in the Common Law Procedure Act of 1852. This act he drafted jointly with his friend Mr. (afterwards Mr. Justice) Willes, and thus began the abolition of the system of special pleading.
made Bramwell a Queen's counsel
, and the Inner Temple elected him a bencher; he had ceased to be a member of Lincoln's Inn in 1841. In 1853 he served on the royal commission to inquire into the assimilation of the mercantile laws of Scotland
and England and the law of partnership, which had as its result the Companies Act of 1862. It was he who, during the sitting of this commission, suggested the addition of the word limited to the title of companies that sought to limit their liability, in order to prevent the obvious danger to persons trading with them in ignorance of their limitation of liability.
As a queen's counsel Bramwell enjoyed a large and steadily increasing practice, and in 1856 he was raised to the bench as a baron of the court of exchequer
. In 1867, with Mr. Justice Blackburn and Sir John Coleridge
, he was made a member of the judicature commission. In 1871 he was one of the three judges who refused the seat on the judicial committee of the privy council
to which Sir Robert Collier, in evasion of the spirit of the act creating the appointment, was appointed; and in 1876 he was raised to the court of appeal, where he sat until the autumn of 1881.
, taking the title Baron Bramwell, of Hever in the County of Kent, from his home in Kent
. The title became extinct on his death.
(1818–1903), was a well-known consulting engineer and expert witness.
At all times Lord Bramwell had been fond of controversy and controversial writing, and he wrote constant letters to The Times
over the signature B. (he also signed himself at different times Bramwell, G. B. and L. L.) He joined in 1882 the Liberty and Property Defence League
, and some of his writings after that date took the form of pamphlets published by that society.
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...
judge.
Early years
Bramwell was born in LondonLondon
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...
, the eldest son of George Bramwell, of the banking firm of Dorrien, Magens, Dorrien & Mello. He was educated privately, and at the age of sixteen he entered Dorrien's bank. In 1830 he gave up this business for the law, being admitted as a student at Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in 1830, and at 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...
in 1836. At first he practised as a special pleader
Special pleader
A special pleader was a historial legal occupation. The practitioner, or "special pleader" in English law specialised in drafting "pleadings", in modern terminology statements of case.-History:...
, but was eventually called to the bar at both Inns in 1838. He soon worked his way into a good practice both in London and the home circuit, his knowledge of law and procedure being so well recognized that he was appointed a member of the Common Law Procedure Commission, which resulted in the Common Law Procedure Act of 1852. This act he drafted jointly with his friend Mr. (afterwards Mr. Justice) Willes, and thus began the abolition of the system of special pleading.
Silk and bench
In 1851 Lord CranworthRobert Rolfe, 1st Baron Cranworth
Robert Monsey Rolfe, 1st Baron Cranworth PC was a British lawyer and Liberal politician. He twice served as Lord High Chancellor of Great Britain.-Background and education:...
made Bramwell a Queen's counsel
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...
, and the Inner Temple elected him a bencher; he had ceased to be a member of Lincoln's Inn in 1841. In 1853 he served on the royal commission to inquire into the assimilation of the mercantile laws of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and England and the law of partnership, which had as its result the Companies Act of 1862. It was he who, during the sitting of this commission, suggested the addition of the word limited to the title of companies that sought to limit their liability, in order to prevent the obvious danger to persons trading with them in ignorance of their limitation of liability.
As a queen's counsel Bramwell enjoyed a large and steadily increasing practice, and in 1856 he was raised to the bench as a baron of the court of exchequer
Exchequer
The Exchequer is a government department of the United Kingdom responsible for the management and collection of taxation and other government revenues. The historical Exchequer developed judicial roles...
. In 1867, with Mr. Justice Blackburn and Sir John Coleridge
John Taylor Coleridge
Sir John Taylor Coleridge was an English judge, the second son of Captain James Coleridge and nephew of the poet Samuel Taylor Coleridge.-Life:...
, he was made a member of the judicature commission. In 1871 he was one of the three judges who refused the seat on the judicial committee of the privy council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
to which Sir Robert Collier, in evasion of the spirit of the act creating the appointment, was appointed; and in 1876 he was raised to the court of appeal, where he sat until the autumn of 1881.
Retirement
Upon his retirement, announced in the long vacation of 1881, twenty-six judges and a huge gathering of the bar entertained him at a banquet in the Inner Temple hall. In December of the same year he was raised to the peeragePeerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
, taking the title Baron Bramwell, of Hever in the County of Kent, from his home in Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
. The title became extinct on his death.
Private life
He was musical and fond of sports. He married twice: in 1830 to Jane (d. 1836), daughter of Bruno Silva, by whom he had one daughter, and in 1861 to Martha Sinden. His younger brother, Sir Frederick BramwellFrederick Bramwell
Sir Frederick Joseph Bramwell, 1st Baronet FRS was a British civil and mechanical engineer. He became a Fellow of the Royal Society in 1873 and served as president of the Institution of Civil Engineers between December 1884 and May 1886 and the President, British Association in 1888...
(1818–1903), was a well-known consulting engineer and expert witness.
At all times Lord Bramwell had been fond of controversy and controversial writing, and he wrote constant letters to The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
over the signature B. (he also signed himself at different times Bramwell, G. B. and L. L.) He joined in 1882 the Liberty and Property Defence League
Liberty and Property Defence League
The Liberty and Property Defence League was a historic organization, founded in 1882 by Lord Elcho, for the support of laissez-faire trade...
, and some of his writings after that date took the form of pamphlets published by that society.
List of cases
- Blyth v Birmingham Waterworks CompanyBlyth v Birmingham Waterworks CompanyBlyth v Birmingham Waterworks Company 11 Ex Ch 781 concerns reasonableness in the law of negligence. It is famous for its classic statement of what negligence is and the standard of care to be met.-Facts:...
(1856) 11 Ex Ch 781 - Warlow v Harrison (1858) 1 E1. & E1. 295
- Bamford v TurnleyBamford v TurnleyBamford v Turnley 3 B & S 62; 122 ER 25, is an important English tort law case, concerning nuisance and what it means to be a reasonable user of land.-Facts:...
(1860) 3 B&S 62 - Rylands v FletcherRylands v FletcherRylands v Fletcher [1868] was a decision by the House of Lords which established a new area of English tort law. Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris,...
(1868) LR 3 HL 330 - Pattinson v Luckley (1875) LR 10 Ex 330
- The Household Fire and Carriage Accident Insurance Company (Limited) v Grant (1878–79) LR 4 Ex D 216
- Ryder v Wombwell (L. R. 3 Ex. 95)
- R v Bradshaw (14 Cox C. C. 84)
- Stonor v Fowle (13 App. Cas. 20)
- The Bank of England v Vagliano Brothers (1891) AC
- Mogul Steamship Co Ltd v McGregor, Gow & CoMogul Steamship Co Ltd v McGregor, Gow & CoMogul Steamship Co Ltd v McGregor, Gow & Co [1892] AC 25 is an English tort law case concerning the economic tort of conspiracy to injure. A product of its time, the courts adhered to a laissez faire doctrine allowing firms to form a cartel, which would now be seen as contrary to the Competition...
[1892] AC 25