`Appalling vista' observation stuck

In 1980, Lord Denning upheld an appeal by the West Midlands Police against a civil action brought by the Birmingham Six for injuries…

In 1980, Lord Denning upheld an appeal by the West Midlands Police against a civil action brought by the Birmingham Six for injuries they received in custody. He said in his judgment the consequence for the English legal system of accepting that police officers were lying was such "an appalling vista" that every sensible person would reject further legal action.

That comment, among others, sealed Lord Denning's fate as a controversial judge. He may have admitted later that he was wrong about the Birmingham Six, saying the police had "let us all down," but by then his "strict construction" of the letter of the law had become his trademark. Throughout his 38 years on the bench, Lord Denning adopted legal statutes and texts to suit his own moral code. While his right-wing, traditional approach might have suited rulings in the early days of his career, over the years the House of Lords repeatedly overturned his judgments. However, he took it all on the chin, remarking: "It's not the first time and probably won't be the last."

He decried the lowering of moral standards as he grew older, saying: "A lot of people have not got the same standards of conduct - uprightness or honesty - as they had in the past. There has been a lowering of standards . . . there is the lessening influence of religion . . . and of parents."

Lord Denning first came to public attention when in 1963, a year after he became Master of the Rolls, he was asked by the British government to conduct an inquiry into the Profumo scandal.

READ MORE

He also provoked controversy after his retirement. In an interview with the Spectator in 1990, he was reported as saying that the Guildford Four were "probably guilty" and elsewhere he declared that if the Birmingham Six had been hanged, "we shouldn't have all these campaigns to get them released".

He suggested in his book, What Next in the Law?, that some immigrants might not be suitable for jury service. The book was withdrawn and he claimed the passages had been misinterpreted. The blots on Lord Denning's copybook can be weighed against the good points and he was often liberal in his rulings. He was the first judge to treat cohabiting couples as if they were married before the law, ensuring increased legal rights for women.

He also paved the way for cheaper airline flights when he enabled small airlines to compete with British Airways. His "great contribution" was the Mareva injunction - whereby the court has the power to stop a defendant removing assets out of the country before a judgment is returned.