Sir William Milbourne James, PC (29 June 1807 – 7 June 1881) was a Welsh barrister and judge. A Chancery specialist, he was appointed to the Court of Chancery of England in 1869. The next year, he was appointed Lord Justice of Appeal in Chancery (Lord Justice of Appeal from 1877), as well as a member of the Privy Council, serving until his death in 1881.
In 1836 James was included in the preparations for the record breaking balloon trip funded by Robert Hollond. He was amongst six people included in the commemorative painting which is now in the National Portrait Gallery in London.[4]
In 1846 James married Maria Otter, daughter of William Otter, Bishop of Chichester.[1] The couple had two children, a son and a daughter. Their son, W. C. James, became an officer in the 16th Lancers, and was the father of Admiral Sir William Milbourne James. Their daughter, Mary Jaqueline James, married George Salis-Schwabe, also of the 16th Lancers.[5]
Career at the bar
James was called to the Bar from Lincoln's Inn in 1831.[1] James first practised his legal work around the South Wales circuit, but later switched his activities to his Chancery practice.[1]
James also was appointed to several commissions of inquiry into various subjects, including equity procedure, the Law Commission of India, and the army purchase commission. As a member of the judicature commission, he argued strongly for major reforms, including the abolition of pleadings.[5]
In 1866, he was the Treasurer of Lincoln's Inn.[5]
Political activity
James stood for election twice in the constituency of Derby, as a Liberal. He was also a member of the Reform Club.[5] In 1880, he was considered for the nomination to the Merthyr Tydfil seat when his cousin was elected, but by that time James had lost touch with Welsh affairs and had little interest in the Welsh national movement.[1]
He had a reputation as an eminent and shrewd judge, learned in the law, with a talent for concise but clear enunciation of principles. While on the Court of Appeal in Chancery, he decided several cases under the new Companies Act and Bankruptcy Act of 1869.[5]Lambe v Eames is a leading case on the construction of declarations of trust, and Ex parte Mackay is a foundational case in bankruptcy law. In Tamplin v James he gave the decision concerning the availability of specific performance for a breach of contract induced by mistake.[10]
In addition to sitting on the commission relating to Indian legal matters, James had a personal interest in India and its position in the Empire. Prior to his appointment to the bench, he began writing a planned two-volume text on India, but did not complete it due to his judicial workload and ill-health. His daughter, Mary Salis Schwabe, completed the editorial work on the first volume, which was published the year after James's death.[11]
^"Contract - General Principles - Remedies - Specific Performance and Injunctions - Specific Performance". The Laws of Australia. Thomson Reuters. 31 August 2006. pp. [7.9.1450].
^Sir William Milbourne James, "The British in India" (London: MacMillan and Co., 1882); edited by Mary J. Salis Schwabe, pp. v-vi; reprinted Amazon Paperback edition, 2020.