Alfred Denning, Baron Denning: In-Laws

“In 1977 the black-out was lifted. It was done by R. S. C., Ord. 53. The curtains were drawn back. The light was let in. Our administrative law became well-organised and comprehensive. It enabled the High Court to review the decisions of all inferior courts and tribunals and to quash them when they went wrong. And what is more, it enabled the High Court to award damages and grant declarations. No longer is it necessary to bring an ordinary action to obtain damages or declarations. It can all be done by judicial review. This new remedy (by judicial review) has made the old remedy (by action at law) superfluous.”

Alfred Denning, Baron Denning

O'Reilly v. Mackman, [1983] 2 A.C. 238.
Judgments

Law , Decision , Light

“"The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail— its roof may shake— the wind may blow through it— the storm may enter— the rain may enter— but the King of England cannot enter— all his force dares not cross the threshold of the ruined tenement." So be it— unless he has justification by law.”

Alfred Denning, Baron Denning

Southam v Smout [1964] 1 QB 308 at 320.
Denning was quoting William Pitt, 1st Earl of Chatham
Judgments

Law

“The statute in section 3(1) contains a definition of a “racial group”. It means a “group of persons defined by reference to colour, race, nationality or ethnic or national origins.” That definition is very carefully framed. Most interesting is that it does not include religion or politics or culture. You can discriminate for or against Roman Catholics as much as you like without being in breach of the law. You can discriminate for or against Communists as much as you please, without being in breach of the law. You can discriminate for or against the “hippies” as much as you like, without being in breach of the law. But you must not discriminate against a man because of his colour or of his race or of his nationality, or of “his ethnic or national origins.” … You must remember that it is perfectly lawful to discriminate against groups of people to whom you object - so long as they are not a racial group. You can discriminate against the Moonies or the Skinheads or any other group which you dislike or to which you take objection. No matter whether your objection to them is reasonable or unreasonable, you can discriminate against them - without being in breach of the law.’}}”

Alfred Denning, Baron Denning

Denning judged in the Court of Appeal at the time, and held that Sikhs were not a racial or ethnic group. His ruling was overturned in the House of Lords, notably by Ian Fraser, Baron Fraser of Tullybelton, who outlined seven points by which ethno-religious groups were to be defined.
Judgments

People , Religion , Law , Personality

“At one time there was a black-out of any development of administrative law. The curtains were drawn across to prevent the light coming in. The remedy of certiorari was hedged about with all sorts of technical limitations. It did not give a remedy when inferior tribunals went wrong, but only when they went outside their jurisdiction altogether. The black-out started in 1841 with Reg. v. Bolton (1841) 1 Q. B. 66 and became darkest in 1922, Rex v. Nat Bell Liquors Ltd. [1922] 2 A. C. 128. It was not relieved until 1952, Rex v. Northumberland Compensation Appeal Tribunal, Ex parte Shaw [1952] 1 K. B. 338. Whilst the darkness still prevailed, we let in some light by means of a declaration. The most notable cases were Barnard v. National Dock Labour Board [1953] 2 Q. B. 18 and Anisminic Ltd. v. Foreign Compensation Commission [1969] 2 A. C. 147. I sat in the preliminary hearings of both of them. We allowed each of those cases to go forward. It was because otherwise persons would be without a remedy for an injustice: see Barnard v. National Dock Labour Board [1953] 2 Q. B. 18, 43 and the Anisminic case [1969] 2 A. C. 147, 231B-C In effect it was only by leave that the action for a declaration was allowed to proceed.”

Alfred Denning, Baron Denning

Judicial review.
Judgments

Law , Light , Time , Parting

“Our sovereignty has been taken away by the European Court of Justice…Our courts must no longer enforce our national laws. They must enforce Community law…No longer is European law an incoming tide flowing up the estuaries of England. It is now like a tidal wave bringing down our sea walls and flowing inland over our fields and houses—to the dismay of all.”

Alfred Denning, Baron Denning

Introduction to The European Court of Justice: Judges or Policy Makers? (London: Bruges Group, 1990).

Justice , Law , Communication , Housing

“What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still whilst the rest of the world goes on; and that will be bad for both.”

Alfred Denning, Baron Denning

Packer v. Packer [1954] P. 15 at 22.
Judgments

World , Law

“There are many things in life more worth while than money. One of these things is to be brought up in this our England, which is still "the envy of less happier lands". I do not believe it is for the benefit of children to be uprooted from England and transported to another country simply to avoid tax… Many a child has been ruined by being given too much. The avoidance of tax may be lawful, but it is not yet a virtue.”

Alfred Denning, Baron Denning

Re Weston's Settlements, [1969] 1 Ch 223.
Judgments

Life , Money , Children , Law

“The Treaty [of Rome] does not touch any of the matters which concern solely England and the people in it. These are still governed by English law. They are not affected by the Treaty. But when we come to matters with a European element, the Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back, Parliament has decreed that the Treaty is henceforward to be part of our law. It is equal in force to any statute.”

Alfred Denning, Baron Denning

H.P. Bulmer Ltd v J. Bollinger SA [1974] Ch 401 at 418.
Judgments

People , Law , Parting

“Fundamental to our constitution is the supremacy of the Queen in Parliament and that our laws should be enacted by Parliament, by its authority in regulations, or indeed by judges in declaring the common law. That is what I understand is meant by the supremacy and sovereignty of the Queen in Parliament. I hope to show you in the course of my observations that that sovereignty is being eroded and that we are coming under another sovereignty—that of Europe and of the Council of Ministers. That is the challenge we face today.”

Alfred Denning, Baron Denning

Speech https://api.parliament.uk/historic-hansard/lords/1986/jul/31/european-communities-amendment-bill-1#S5LV0479P0_19860731_HOL_228 in the House of Lords against the Single European Act (31 July 1986)

Law , Hope , Understanding

“Our laws are being disregarded right and left. The mobs are out. The police are being subjected to violence. Intimidation and violence are contrary to the law of the land. It should be condemned by every responsible citizen. We have the finest police force in the world. It is under the Queen that they defend our laws, and it is under the Queen that we should support them.”

Alfred Denning, Baron Denning

Speech to Justice, London (28 June 1977), quoted in The Times (29 June 1977), p. 4

World , Support , Law