![handle is hein.journals/denlj1 and id is 1 raw text is: Foreword
The Rt. Hon. Lord Denning
My friends at the University of Buckingham have decided to launch a law journal.
They are fortunate in that Lord Scarman has agreed to be Chairman of the
Editorial Advisory Board. But I am most embarrassed that they should have called
it the Denning Law Journal. I cannot think why, except that my judgments have
often given rise to controversy and given the commentators something to write
about.
But I appreciate the compliment and would congratulate the University on its
enterprise. It is of the first importance that there should be free and open
discussion of the issues of the day. The members of this free and independent
University - self-supporting as it is - are well placed to take the lead in these
discussions. They will choose subjects of contemporary and practical importance.
They will seek contributions from those in the law schools of other universities and
also in the practising side of the legal profession. I trust it will be well supported.
I have often been asked: Which was your most important judgment? I would put it
as Candlerv. Crane, Christmas' where I ventured, in a dissenting opinion, to extend
the scope of negligence so as to cover economic loss caused by negligent advice.
That view was accepted and adopted 13 years later by the House of Lords in
Hedley Byrne v. Heller.2
Next, I would put Rex v. Northumberland Compensation Appeal Tribunal, Ex parte
Shaw3 where we extended the remedy by prerogative writs to cover, not only
excess of jurisdiction by a tribunal, but also error of law. To which I would add
Barnard v. National Dock Labour Board' where we extended the remedy by
declaration so as to make it available when a tribunal acted contrary to natural
justice or made a mistake of law. These decisions paved the way for the explosive
expansion of judicial review which culminated in O'Reilly v. Mackman.5 I there
traced its history and I like to think that it was of help to Lord Diplock in his most
important speech in the House of Lords.
1. [19511 2 K.B.164.
2. [1964] A.C.465.
3. [1952] 1 K.B.338.
4. [19531 2 QB.18.
5. [1983] 2 A.C.237.](ViewImageLocal?handle=hein.journals/denlj1&div=1&collection=&method=preview&ext=.png&size=3)
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