The Denning Law Journal

Lord Denning

 

 

 

 

 

 

 

 

Background

Born in Whitchurch in Hampshire, Denning was the fourth of five sons of Charles Denning and his wife Clara. Denning's father was a draper. His mother had been a school teacher. He was educated at Magdalen College, Oxford, after which he taught mathematics at Winchester College before returning to study law at Magdalen, where he was later made an honorary fellow. He trained at Lincoln’s Inn, and was later a bencher of the Inn. He was called to the English Bar in 1923, and was appointed a High Court judge and Knighted in 1944. Only four years later he was appointed a  Lord Justice of Appeal as well as a Privy Councillor, and in 1957 he became a Lord of Appeal Ordinary with a life peerage as Baron Denning, of Whitchurch. He also served as Master of the Rolls from 1962 to 1982, later receiving the Order of Merit in 1997 in recognition of his distinguished career. He first married in 1932. His wife Mary died nine years later. He remarried in 1945 to Joan, who died in 1992.

 

Career

He became well known for his judgements, which frequently pushed the law in novel directions. Even in his early career his decision in the now world renowned High Trees case: Central London Property Trust Ltd v. High Trees House Ltd [1947] K.B. 130 brought him into the forefront of judicial reasoning for his innovative approach to legal reasoning  when he developed the principle of equitable estoppel or promissory estoppel as applied to contract law.

 

Denning spent twenty years as the Master of the Rolls, presiding over the Civil Division of the Court of Appeal, after five years as a Law Lord, shifting to the Court of Appeal at his request because he was happier with that post than one in the more senior court. Court of Appeal judges sit in threes, and the Lords in fives (or more), so it was suggested that to get his way in the Court of Appeal Denning only had to persuade one other judge whereas in the House of Lords it was at least two. The other 'benefit' of the Court of Appeal is that it hears more cases than the House of Lords, and so has a greater effect on the law. During his 20 years as Master of the Rolls, he could choose both which cases he heard, and the judges with whom he sat. Therefore, on most issues, he effectively had the last word; not many cases went on to the House of Lords, Britain's highest court of law.

 

Legacy

Many of Denning's efforts to change the law were vindicated by the passage of time (and legislation) — in particular, his efforts to establish an abandoned wives' equity, small print exemption clauses, inequality of bargaining power, negligent mis-statement, liability of public authorities, and contractual interpretation.

 

The University of Buckingham Press is proud to publish the journal to which Lord Denning gave his name.

The Right Honourable Alfred Thompson Denning, Baron Denning, OM, PC (23rd January 1899 - 5th March 1999).