22 BACK PAGE Law stories 8 March 2019 | www.newlawjournal.co.uk

system of land ownership and inheritance. Glittering prizes? In politics, he was, according to the historian David Cannadine, ‘the supreme Geoffrey Bindman reflects on the life right-wing demagogue between Lord & career of Lord Birkenhead Randolph Churchill and Sir Oswald Mosley’. This is hardly surprising, given his ferocious egotism. In a well-publicised speech which he delivered as ony Blair was wrong to reject Rector of Glasgow University in the advice of his friend Lord November 1923, he challenged Irvine when he downgraded the notion of idealism in public Tthe role of lord chancellor as affairs. He attacked the League of head of the judiciary and voice of the Nations and ridiculed the prospect law in the Cabinet. Entrusting political of international co-operation responsibility for the management eliminating conflict: ‘Nothing is of the legal system to a secretary of more apparent...than that politically, state for justice based in the House economically, and philosophically, of Commons is sensible, but merely the notion of self-interest not only adding the nominal title of lord is, but must be, and ought to be, the chancellor to the holder of that office is mainspring of human conduct.’ He no substitute for a powerful guardian encouraged his student audience of the independence of the judiciary by assuring them that ‘the world and the priority of the law—now more continues to offer glittering prizes under threat than ever—as a pillar of to those who have stout hearts and our constitution. Nor was he right to sharp swords’. Thus he rationalised allow the office to be held by a non- his vanity and ruthless ambition. lawyer, as the unhappy appointments of Chris Grayling and Liz Truss have Disillusioned demonstrated. He was, of course, right in the 1920s Yet we should not assume that all to be sceptical about promises of past lord chancellors have lived up to permanent world peace, though he an austere ideal of selfless dedication was out of step with his colleagues to public service. The appointment in government. He nevertheless of F E Smith (Lord Birkenhead, maintained good relations with pictured), in 1918 at the early age other contemporary politicians but of 46 was highly controversial. It became disillusioned and withdrew was described by The Morning Post from active involvement, devoting as ‘carrying a joke beyond the limits © Chronicle/Alamy Stock Photo himself to commerce in order to of pleasantry’. Yet Smith was on the make more money. He became face of it very well qualified. He was difference between us is that I am trying disillusioned with politics and with the law. an outstanding law student at Oxford, to be and you cannot help it’. To the same He declined to take part in the judicial role then for several years taught law as a judge who said of Smith’s argument, ‘I am of the House of Lords and was much upset fellow of his college. He was then one none the wiser, Mr Smith,’ he replied, ‘None by the attempts of some of his colleagues to of the most successful barristers of his the wiser, perhaps, my Lord, but certainly deny him his lord chancellor’s pension. He time, attracting the high fees he needed better informed’. did not long survive his retirement and died to fund an extravagant lifestyle. After in 1930 at the age of 58. His dissolute life entering parliament in 1905 as a Unionist Unruly brilliance had taken its toll. (Conservative), he held several ministerial His heavy drinking and frequently unruly To quote Cannadine again: ‘FE’s offices and in 1915 was appointed behaviour explain the hostility he often life was shamelessly, successfully attorney general. aroused—such as that of The Morning Post and simultaneously devoted to self- and other newspapers. Yet his brilliance advancement, self-advertisement, Path to prominence was widely acknowledged. Margot self-indulgence, and self-destruction.’ As a student he had embarked on a well- Asquith, wife of Herbert Asquith, said, As lord chancellor, it would be difficult trodden path into politics by becoming a ‘F E Smith is very clever, but sometimes to claim that he did anything to enhance prominent speaker at the Oxford Union. his brains go to his head’. He was greatly the standing of the judiciary or the There, according to one biographer, ‘he admired and relied on by Lloyd George legal profession. Yet, as The Times said became the embodiment of its peculiarly when he was prime minister. He retained in its obituary of him: ‘No public figure facetious style of repartee’—a style still the close friendship of other leading of his day has been more real to his favoured by Oxonians in Parliament such as politicians such as Winston Churchill. contemporaries.’ Certainly he was a Boris Johnson and Michael Gove. At Oxford During his tenure of the office of lord colourful source of public entertainment, Smith doubtless also developed a talent for chancellor he undoubtedly made an but hardly a role model for the lawyers of abusing his adversaries, including judges, important contribution to law reform, today. NLJ with sarcastic wit. To one judge, who playing a major role in the 1925 property accused him of being offensive, he replied legislation, which introduced land Sir Geoffrey Bindman QC, NLJ columnist & ‘as a matter of fact we both are. The only registration and transformed the whole consultant, Bindmans LLP.