Hardinge Giffard, 1st Earl of Halsbury
Encyclopedia
Hardinge Stanley Giffard, 1st Earl of Halsbury PC, QC
(3 September 1823-11 December 1921) was a leading barrister
, politician
and government minister. He served thrice as Lord Chancellor
of Great Britain
.
, Halsbury was the third son of Stanley Lees Giffard
, editor of the Standard newspaper, by his wife Susanna, daughter of Francis Moran. He was educated at Merton College, Oxford
, and was called to the bar at the Inner Temple
in 1850.
and Chester
circuit. Afterwards he had a large practice at the central criminal court and the Middlesex
sessions, and he was for several years junior prosecuting counsel to the Treasury
. He was engaged in most of the celebrated trials of his time, including the Overend and Gurney and the Tichborne
cases. He became Queen's Counsel
in 1865, and a bencher of the Inner Temple.
in the Conservative
interest, in 1868 and 1874, but he was still without a seat in the House of Commons
when he was appointed Solicitor General by Disraeli
in 1875 and received the honour of knight
hood. In 1877 he succeeded in obtaining a seat, when he was returned for Launceston
, which borough he continued to represent until his elevation to the peerage in 1885.
He was then created Baron Halsbury, of Halsbury in the County of Devon, and appointed Lord Chancellor, thus forming a remarkable exception to the rule that no criminal lawyer could ever reach the woolsack
. He resumed the position in 1886 and held it until 1892 and again from 1895 to 1905, his tenure of the office, broken only by the brief Liberal ministries of 1886 and 1892-1895, being longer than that of any Lord Chancellor since Lord Eldon
. In 1898 he was created Earl of Halsbury and Viscount Tiverton, of Tiverton in the County of Devon.
During the crisis over the Parliament Act 1911
, Halsbury was one of the principal leaders of the rebel faction of Tory peers—labelled the "Ditchers"—that resolved on all out opposition to the government's bill whatever happened. At a meeting of Conservative peers on the 21 July of that year, Halsbury shouted out "I will divide
even if I am alone". As Halsbury left the meeting a reporter asked him what was going to happen. Halsbury immediately replied: "Government by a Cabinet controlled by rank socialists". Halsbury was also President of the Royal Society of Literature
, Grand Warden of English Freemasons, and High Steward of the University of Oxford
.
Halsbury's lasting legacy was the compilation of a complete digest of "Laws of England
" (1905-1916), a major reference work published in many volumes and often called simply "Halsbury's". "Halsbury's Laws" was followed by a second multiple-volume reference work in 1929, "Halsbury's Statutes
", and later by "Halsbury's Statutory Instruments
".
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...
(3 September 1823-11 December 1921) was a leading 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...
, politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and government minister. He served thrice as Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
of Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
.
Background and education
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...
, Halsbury was the third son of Stanley Lees Giffard
Stanley Lees Giffard
Stanley Lees Giffard was founder and first editor of a London newspaper, The Standard.Stanley Lees Giffard was brought up in Ireland, the son of John Giffard and Sarah Morton of Dromartin Castle...
, editor of the Standard newspaper, by his wife Susanna, daughter of Francis Moran. He was educated at Merton College, Oxford
Merton College, Oxford
Merton College is one of the constituent colleges of the University of Oxford in England. Its foundation can be traced back to the 1260s when Walter de Merton, chancellor to Henry III and later to Edward I, first drew up statutes for an independent academic community and established endowments to...
, and was called to the bar 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 1850.
Legal career
Halsbury joined the North WalesWales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and Chester
Chester
Chester is a city in Cheshire, England. Lying on the River Dee, close to the border with Wales, it is home to 77,040 inhabitants, and is the largest and most populous settlement of the wider unitary authority area of Cheshire West and Chester, which had a population of 328,100 according to the...
circuit. Afterwards he had a large practice at the central criminal court and the Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
sessions, and he was for several years junior prosecuting counsel to the Treasury
HM Treasury
HM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing the British government's public finance policy and economic policy...
. He was engaged in most of the celebrated trials of his time, including the Overend and Gurney and the Tichborne
Tichborne Case
The affair of the Tichborne claimant was the celebrated 19th-century legal case in the United Kingdom of Arthur Orton , an imposter who claimed to be Sir Roger Tichborne , the missing heir to the Tichborne Baronetcy....
cases. He became 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...
in 1865, and a bencher of the Inner Temple.
Political career
Giffard twice contested CardiffCardiff
Cardiff is the capital, largest city and most populous county of Wales and the 10th largest city in the United Kingdom. The city is Wales' chief commercial centre, the base for most national cultural and sporting institutions, the Welsh national media, and the seat of the National Assembly for...
in the Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
interest, in 1868 and 1874, but he was still without a seat in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
when he was appointed Solicitor General by Disraeli
Benjamin Disraeli, 1st Earl of Beaconsfield
Benjamin Disraeli, 1st Earl of Beaconsfield, KG, PC, FRS, was a British Prime Minister, parliamentarian, Conservative statesman and literary figure. Starting from comparatively humble origins, he served in government for three decades, twice as Prime Minister of the United Kingdom...
in 1875 and received the honour of knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
hood. In 1877 he succeeded in obtaining a seat, when he was returned for Launceston
Launceston (UK Parliament constituency)
Launceston, also known at some periods as Dunheved, was a parliamentary constituency in Cornwall which returned two Members of Parliament to the British House of Commons from 1295 until 1832, and one member from 1832 until 1918...
, which borough he continued to represent until his elevation to the peerage in 1885.
He was then created Baron Halsbury, of Halsbury in the County of Devon, and appointed Lord Chancellor, thus forming a remarkable exception to the rule that no criminal lawyer could ever reach the woolsack
Woolsack
The Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. From the Middle Ages until 2006, the presiding officer in the House of Lords was the Lord Chancellor and the Woolsack was usually mentioned in association with the office of...
. He resumed the position in 1886 and held it until 1892 and again from 1895 to 1905, his tenure of the office, broken only by the brief Liberal ministries of 1886 and 1892-1895, being longer than that of any Lord Chancellor since Lord Eldon
John Scott, 1st Earl of Eldon
John Scott, 1st Earl of Eldon PC KC FRS FSA was a British barrister and politician. He served as Lord Chancellor of Great Britain between 1801 and 1806 and again between 1807 and 1827.- Background and education :...
. In 1898 he was created Earl of Halsbury and Viscount Tiverton, of Tiverton in the County of Devon.
During the crisis over the Parliament Act 1911
Parliament Act 1911
The Parliament Act 1911 is an Act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords which make up the Houses of Parliament. This Act must be construed as one with the Parliament Act 1949...
, Halsbury was one of the principal leaders of the rebel faction of Tory peers—labelled the "Ditchers"—that resolved on all out opposition to the government's bill whatever happened. At a meeting of Conservative peers on the 21 July of that year, Halsbury shouted out "I will divide
Division (vote)
In parliamentary procedure, a division of the assembly is a voting method in which the members of the assembly take a rising vote or go to different parts of the chamber, literally dividing into groups indicating a vote in favour of or in opposition to a motion on the floor...
even if I am alone". As Halsbury left the meeting a reporter asked him what was going to happen. Halsbury immediately replied: "Government by a Cabinet controlled by rank socialists". Halsbury was also President of the Royal Society of Literature
Royal Society of Literature
The Royal Society of Literature is the "senior literary organisation in Britain". It was founded in 1820 by George IV, in order to "reward literary merit and excite literary talent". The Society's first president was Thomas Burgess, who later became the Bishop of Salisbury...
, Grand Warden of English Freemasons, and High Steward of the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
.
Halsbury's lasting legacy was the compilation of a complete digest of "Laws of England
Halsbury's Laws of England
Halsbury's Laws of England is a uniquely comprehensive and authoritative encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authorities including Acts of the United Kingdom,...
" (1905-1916), a major reference work published in many volumes and often called simply "Halsbury's". "Halsbury's Laws" was followed by a second multiple-volume reference work in 1929, "Halsbury's Statutes
Halsbury's Statutes
Halsbury’s Statutes of England and Wales is the authoritative source for statute law in England and Wales...
", and later by "Halsbury's Statutory Instruments
Halsbury's Statutory Instruments
Halsbury’s Statutory Instruments is the standard work of authority on delegated legislation in England and Wales. It is one of the major legal works published by LexisNexis Butterworths...
".
Family
Halsbury married firstly Caroline, daughter of W. C. Humphreys, in 1852. There were no children from this marriage. Caroline died in September 1873. Halsbury married secondly Wilhelmina, daughter of Henry Woodfall, in 1874. He died in December 1921, aged 98, and was succeeded by his only son from his second marriage, Hardinge. The Countess of Halsbury died in December 1927.Cases
- Salomon v Salomon
- 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 - Bray v FordBray v FordBray v Ford [1896] AC 44 is an English defamation law case, which also concerns some principles of conflict of interest relevant for trusts and company law.-Facts:...
[1896] AC 44 - Taff Vale Railway Co v Amalgamated Society of Railway Servants [1901] AC 426
- Daimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) LtdDaimler Co Ltd v Continental Tyre and Rubber Co (Great Britain) LtdDaimler Co Ltd v Continental Tyre and Rubber Co Ltd [1916] 2 AC 307 is a UK company law case, concerning the concept of "control" and enemy character of a company...
[1916] 2 AC 307