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By Simon Brown
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Lord Brown’s second volume of autobiography is divided into 26 short and free-standing chapters, which makes it both easy and a pleasure to dip into. It begins with a picture of a vanished world. Of his National Service he remembers going up to London for grand parties. During the Suez crisis, his job as a young subaltern was to censor the mail of his men. He thus discovered that their experiences of life were then a good deal rawer than his own. There was Oxford, where sport took up at least as much if not more time than work. Travelling across Europe on a shoestring to Turkey where he swam the Bosphorus.
But then we get to his early life at the Bar and his time as a judge. The various challenges which can arise on the bench are related in the context of his own cases, eg how he came to re-think and reduce the sentence of a would-be armed robber who was too incompetent to present a long-term danger. He learned the hard way that: ‘It is a mistake to describe the activities of middle class protestors as “mob rule”. It is at least if one is concerned to avoid a postbag of outraged invective.’ This concerned his judgment about public authorities banning the lawful export of livestock in order to avoid the disruption of unlawful protests by animal rights campaigners. The ‘offensive’ words were: ‘It is indeed remarkable and regrettable that a city council are asking the court to order their own port authority in effect to surrender to mob rule.’
During his career he mastered the art of the opening line of a judgment, which needs to be the introduction to the ‘essential problem in the case’. His last Privy Council judgment thus began: ‘Is there a mango tree in the respondent’s backyard at No. 303 Nelson Mandela Avenue, Quatre Bornes?’
Having dealt with the various changes to the legal system during his time he concludes by reproducing the talk he gave at Oxford about the jury system. ‘My experience is that all too often even the patently guilty go free.’ His less than starry-eyed approach might reflect his experience of presiding over the libel trial brought by Robert Maxwell when Private Eye accused him of trying to bribe Neil Kinnock into giving him a peerage. It was not until day four that the jury sent in a note: ‘What is a peerage?’
Who was the greatest advocate of Lord Brown’s generation? The late Lord [Robert] Alexander QC. ‘He seemed... to be somehow cloaked with moral authority. Invariably he took the strength of the opposing case at its highest, patiently then explaining why nevertheless it should not prevail. Invariably he put the argument at the right level for whatever tribunal he was addressing... Clone Bob and you could do away with Bar schools entirely.’
Old values are still worth living up to.
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Lord Brown’s second volume of autobiography is divided into 26 short and free-standing chapters, which makes it both easy and a pleasure to dip into. It begins with a picture of a vanished world. Of his National Service he remembers going up to London for grand parties. During the Suez crisis, his job as a young subaltern was to censor the mail of his men. He thus discovered that their experiences of life were then a good deal rawer than his own. There was Oxford, where sport took up at least as much if not more time than work. Travelling across Europe on a shoestring to Turkey where he swam the Bosphorus.
But then we get to his early life at the Bar and his time as a judge. The various challenges which can arise on the bench are related in the context of his own cases, eg how he came to re-think and reduce the sentence of a would-be armed robber who was too incompetent to present a long-term danger. He learned the hard way that: ‘It is a mistake to describe the activities of middle class protestors as “mob rule”. It is at least if one is concerned to avoid a postbag of outraged invective.’ This concerned his judgment about public authorities banning the lawful export of livestock in order to avoid the disruption of unlawful protests by animal rights campaigners. The ‘offensive’ words were: ‘It is indeed remarkable and regrettable that a city council are asking the court to order their own port authority in effect to surrender to mob rule.’
During his career he mastered the art of the opening line of a judgment, which needs to be the introduction to the ‘essential problem in the case’. His last Privy Council judgment thus began: ‘Is there a mango tree in the respondent’s backyard at No. 303 Nelson Mandela Avenue, Quatre Bornes?’
Having dealt with the various changes to the legal system during his time he concludes by reproducing the talk he gave at Oxford about the jury system. ‘My experience is that all too often even the patently guilty go free.’ His less than starry-eyed approach might reflect his experience of presiding over the libel trial brought by Robert Maxwell when Private Eye accused him of trying to bribe Neil Kinnock into giving him a peerage. It was not until day four that the jury sent in a note: ‘What is a peerage?’
Who was the greatest advocate of Lord Brown’s generation? The late Lord [Robert] Alexander QC. ‘He seemed... to be somehow cloaked with moral authority. Invariably he took the strength of the opposing case at its highest, patiently then explaining why nevertheless it should not prevail. Invariably he put the argument at the right level for whatever tribunal he was addressing... Clone Bob and you could do away with Bar schools entirely.’
Old values are still worth living up to.
By Simon Brown
The Chair of the Bar reports back
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Developing a tech start-up demands a different definition of excellence to the Bar, says Saara Idelbi. The co-creator of Advocatr on entrepreneurship, AI advocacy training, and matching the thrill of a killer cross-examination
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC