Book contents
- Frontmatter
- Contents
- Preface and Acknowledgments
- List of Admiralty Judges
- Abbreviations and Symbols
- Table of Statutes
- Table of Cases
- Dedication
- INTRODUCTION
- 1 THE ERA OF STOWELL
- 2 THE COURT RESURGENT
- 3 THE FALL OF DOCTORS' COMMONS
- 4 THE GREAT TRANSITION
- 5 THE COURT UNDER COMMON LAWYERS
- 6 THE EVOLUTION OF THE ACTION in rem
- CONCLUSION
- Bibliography
- Index of Subjects
- Index of Persons
4 - THE GREAT TRANSITION
Published online by Cambridge University Press: 07 October 2011
- Frontmatter
- Contents
- Preface and Acknowledgments
- List of Admiralty Judges
- Abbreviations and Symbols
- Table of Statutes
- Table of Cases
- Dedication
- INTRODUCTION
- 1 THE ERA OF STOWELL
- 2 THE COURT RESURGENT
- 3 THE FALL OF DOCTORS' COMMONS
- 4 THE GREAT TRANSITION
- 5 THE COURT UNDER COMMON LAWYERS
- 6 THE EVOLUTION OF THE ACTION in rem
- CONCLUSION
- Bibliography
- Index of Subjects
- Index of Persons
Summary
Upon Dr Lushington's retirement as Admiralty Judge in 1867, the volume of the Court's instance business had almost exactly trebled since his first years on the bench; the direct cause of this increase was of course the expansion of Admiralty jurisdiction by statute–principally the Acts of 1840 and 1861. Much of the new business was also due, however, to Lushington's own dynamism in the discharge of his office, effecting, in the words of one of his admirers, ‘a fresh creation of law’. And while opinion might be reserved for the moment as to the wisdom of some of his ideas for Court reform, it is plain that Lushington handed to his successor a Court of far greater strength and vitality than he had himself inherited twenty-nine years previously.
Dr Lushington's successor, Sir Robert Phillimore, was a man whose background and training ensured his fitness for the office. Born in 1810, he was the son of Dr Joseph Phillimore, Regius Professor of Civil Law at Oxford and the Admiralty Advocate; he attended Westminster School and Christ Church, Oxford, graduating D.C.L. in 1838, and was elected a Fellow of Doctors' Commons in the following year. He was called to the bar by the Middle Temple in 1841, and, like his predecessors, was a Member of Parliament, serving from 1852–7.
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- Publisher: Cambridge University PressPrint publication year: 1971