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It all started with Gunner James
| Content Provider | Semantic Scholar |
|---|---|
| Author | Harvey, Cameron |
| Copyright Year | 2012 |
| Abstract | This article is about Lord Denning who needs no introduction. It is not a learned analysis of his reasons for judgment. It focuses, for fun, on three aspects of his distinctive judicial writing style. Before I researched the article, I had a clear recollection of two or three delightful Denning judgments, such as Beswick v. Beswick. I I imagined that there were more than I could remember or knew of. My colleagues were of some help; however, their recollection, similar to mine, turned out to be more general than specific. I realized that I was going to have to explore this legendary corner of Lord Denning's judicial career the hard way. Thus, I methodically perused all of his reported reasons for judgment. I uncovered not only additional Denning gems, featuring his distinctive style of reciting the facts, but also I discovered what I call the unique Denning opener and his remarkable cast of "old" litigants. First, I shall deal with his distinctive style of recounting the facts, then turn to his openers, and finally introduce you to his "old" litigants. It is obvious that Lord Denning very much enjoyed doing the facts. In most of the published cases of the Court of Appeal in which he was involved, he described the facts for the court in his reasons for judgment. Recently, in his book The Family Story2 he confessed to something that had become obvious from his reasons for judgment. He is an inveterate story-teller. It was his distinctive style to recount the facts in the form of a story. On occasion in his reasons for judgment Lord Denning specifically referred to the facts as the story and to his recitation of the facts as a telling of the story. Ionian Bank Ltd. v. Couvreu? " ... the story is a little complicated and I must recite the facts." Reid v. Commissioner of Police of the Metropolis "The centre-piece of this story is a pair of candelabra ... " |
| Starting Page | 67 |
| Ending Page | 83 |
| Page Count | 17 |
| File Format | PDF HTM / HTML |
| Volume Number | 1 |
| Alternate Webpage(s) | http://www.bjll.org/index.php/dlj/article/download/151/174 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
