James Richard Atkin, Baron Atkin, PC, FBA (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world.
Early life and practice
Atkin was the son of Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth née Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always thought of himself as a Welshman, and was President of the London Welsh Trust from 1938 to 1944.[1]
James was born at Ellandale cottage, Tank Street, off North Quay, Brisbane,[2] the eldest of three sons but in 1871, his mother brought him and his siblings back to her own mother's house, "Pantlludw" on the River Dovey in Wales. His father died in Brisbane in the following year. James was much influenced by his grandmother and acquired from her an egalitarian instinct and a distaste for sanctimonious posturing.[1] His mother's sister, Amy, was the first wife of Francis Darwin, third son of Charles Darwin (1809–1882) and his wife Emma: there is a thank-you letter extant to Charles Darwin from the eleven-year-old Dick.[3]
He became a judge of the King's Bench division of the High Court in 1913,[7] receiving a knighthood.[8] Work at the King's Bench involved him in criminal cases which had been outside his experience as a barrister but he established a high reputation as a criminal judge. Reputedly, Atkin enjoyed his six years at the King's Bench more than any others of his legal career. The following nine at the Court of Appeal he enjoyed the least.[9]
An Anglican, Atkin was strongly motivated by his Christian faith and relied on testing the law against the demands of common sense and the interests of the ordinary working man. He came to a settled view early on in hearing a case and, as a Law Lord, his colleagues often found him indefatigable in his opinions and difficult to persuade as to the merits of alternative views.[1]
In 1932, as a member of the House of Lords, he delivered the leading judgment in the landmark case of Donoghue v. Stevenson concerning the alleged adverse effects from an alleged snail in a bottle of ginger beer served in a café in Paisley. The case established the modern law of negligence in the UK and, indirectly, in most of the rest of the common law world, with the major exception of the United States.[1]
He is also remembered for his dissenting judgment in Liversidge v Anderson, in which he unsuccessfully asserted the courts' right to question the wide discretionary powers of the Home Secretary to detain subjects suspected of having 'hostile associations'.
The Inn had been at a low ebb when Atkin joined. It was impoverished, its dinners and functions poorly attended and its benchers lacking professional prestige. It was largely through Atkin's efforts, and those of F.E. Smith, that the Inn's prestige was restored. Atkin was himself three times Treasurer, Master of the Library and Master of Moots.[16]
Later life
Lucy Elizabeth (Lizzie) Hemmant (1867–1939) was the daughter of William Hemmant, a friend of Atkin's father from Brisbane. She had been born within 12 days and within 100 yards (91 m) of Atkin. William also subsequently moved to London and was important in helping Atkin to establish his stock exchange contacts. Atkin married Lizzie Hemmant in 1893 after five years' engagement.[1]
The couple had six daughters and two sons, the elder son being killed in World War I. Atkin's daughter Rosaline became a barrister of Gray's Inn.[1] The fourth daughter, Nancy, to her father's delight, became an actress. Nancy made her debut in Liverpool and was discovered and brought to London by Charles Hawtrey and A. A. Milne.[17] Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader Sir Toby Low, 1st Baron Aldington.[citation needed]
Atkin enjoyed the music hall and in particular the humour of George Robey and Marie Lloyd. He and his wife were fond of entertaining at their succession of town homes in Kensington with musical evenings.[17] In 1912 Atkin realised his ambition of buying a house Craig-y-Don in Aberdovey and from that time, he spent every summer there with his family. At Aberdovey, Atkin enjoyed tennis, golf and bridge. He was an enthusiast for the literary works of Edgar Wallace.[18] Atkin was President of the London Welsh Trust, which runs the London Welsh Centre, Gray's Inn Road, from 1938 until 1944.[19] Atkin was popular with the community in Aberdovey and was paraded into the village on a hand-drawn cab on his appointment to the High Court. When possible, he sat as a Justice of the Peace in Towyn and Machynlleth, and eventually chaired Merionethshire Quarter Sessions.[20]
