Topic: Judicial Hilarity
Now of course, we all know judges are supposed to try to be unbiased...
But every so often (more often in years gone by), they seem to forget that point. Lord Denning was famous for this.
I was reading the Denning's dissent from Miller v. Jackson [1977]...and this passage made me chuckle, so I thought I'd share.
"In summer time, village cricket is the delight of everyone. Nearly every village has it own cricket field where the young men play and the old men watch. In the village of Lintz in County Durham they have their own ground where they have played these last 70 years. They tend it well. The wicket area is well rolled and mown. ... The village team plays there on Saturdays and Sundays ... Yet now after 70 years a judge of a High Court has ordered that they must not play there any more. He has issued an injunction to stop them. He has done it at the instance of a newcomer who is no lover of cricket. The newcomer has built, or has had built for him, a house on the edge of the cricket green which four years ago was a field where cattle grazed. The animals did not mind the cricket. But now this adjoining field has been turned into a housing estate. The newcomer bought one of the houses on the edge of the cricket ground. ... Now he complains that when a batsman hits a six, the ball has been known to land in his garden or near his house. His wife got so upset about it that they always go out at weekends. They say that this is intolerable. So they asked a judge to stop the cricket being played, and the judge, much against his will, has felt he must order the cricket to be stopped, with the consequence, I suppose, that the Lintz Cricket Club will disappear. The cricket ground will be turned to some other use. I expect for more houses or a factory. The young men will turn to other things instead of cricket. The whole village will be much the poorer. And all this because of a newcomer who has just bought a house next to the cricket ground"
(The injunction was not granted...though 2 of the 3 judges did find the defendants liable and awarded the homeowner 400 pounds....guess which one didn't
)
Do not worry folks...your courts are in good hands!