James Comyn

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Sir James Comyn
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Royal coat of arms of the United Kingdom
Justice of the High Court
In office
9 January 1978 – 29 September 1985
Personal details
Born
James Peter Comyn

(1921-03-08)8 March 1921
Stillorgan, County Dublin
Died5 January 1997(1997-01-05) (aged 75)
Navan, County Meath
Spouse(s)
Anne Chaundler
​
(m. 1967)​
Children2
Alma materNew College, Oxford

Sir James Peter Comyn (8 March 1921 – 5 January 1997) was an Irish-born barrister English High Court judge. The scion of a prominent Nationalist legal family, Comyn was sent to England after they fell out with Éamon de Valera. Considered by many to be "the finest all-round advocate at the English bar",[1] Comyn was appointed to the High Court of Justice in 1978, serving on the bench until his retirement in 1985.

Early life[]

James Comyn was born at Beaufield House, Stillorgan, County Dublin, the son of Nationalist barrister James Comyn KC and of Mary Comyn; through his father he was the nephew of the barrister Michael Comyn KC.[2] Both his father and uncle had been political and legal advisers to Éamon de Valera, who at one point used Beaufield House as a safe house.[2] However, the Comyn brothers fell out with de Valera shortly before he came to power in 1932, and Michael Comyn was passed over as Attorney-General of the Free State.[1] As a result, James Comyn, who was then attending Belvedere College in Dublin, was sent by his father to attend The Oratory School in England.[1] Comyn spent six months as a trainee at The Irish Times under the editor R. M. Smyllie, but abandoned journalism after a joke he added to an obituary was printed in the paper, leading to his demotion to the racing department.[3]

Comyn then matriculated at New College, Oxford, where he read law, graduating with second-class honours.[1] In 1940, he defeated Roy Jenkins for the presidency of the Oxford Union, winning by four votes.[1] After suffering the first of several breakdowns through his life, he briefly worked for the BBC's Empire Service during the war.[1]

Career at the bar[]

Comyn was called to the English bar by the Inner Temple in 1942, the Irish bar in 1947, and the Hong Kong bar in 1969.[4] In 1944, he began his pupillage with Edward Holroyd Pearce KC, later a law lord, and joined his chambers at Fountain Court.[1] Comyn practised in London and on the Western circuit, supplementing his earnings by teaching banking, a subject of which he knew nothing.[3] On one occasion, he rose in Lambeth County court to cross-examine a female defendant in an eviction case; just as Comyn began by saying "Madam", the defendant opened her bag, took out a dead cat, and threw it at him. The judge's reaction was to tell the defendant: "Madam, if you do that again, I’ll commit you".[5][6] Comyn won the case.[5]

Comyn took silk in 1961,[7] and acquired a large practice as a senior, appearing in many high-profile cases. In 1964, he won damages for libel for the former safe-breaker Alfie Hinds against a Scotland Yard inspector by convincing the jury that Hinds was in fact innocent.[1] In 1970, he successfully defended the Labour MP Will Owen, who was accused of providing information to the Czechoslovak intelligence services.[1] In 1975, he defeated the government's attempt to obtain an injunction against the publication of the diaries of former minister Richard Crossman (Attorney General v Jonathan Cape Ltd).[1] Of his powers of advocacy, it was said that "Jimmy Comyn can take the stink out of everything".[1]

Comyn was Recorder of Andover between 1964 and 1971 (honorary life recorder from 1972), commissioner of assize for the Western Circuit in 1971, and a Recorder of the Crown Court between 1972 and 1977.[4][8] He was elected a bencher of the Inner Temple in 1968, and served as chairman of the Bar council from 1973 to 1974.[4]

Judicial career[]

Having refused a previous invitation by Lord Hailsham to join the bench, Comyn was again nominated by Lord Elwyn-Jones in 1977, and was appointed a High Court judge in 1978, receiving the customary knighthood upon his appointment.[1][9] Initially assigned to the Family Division, he did not take to the work, and was reassigned to the Queen's Bench Division in 1979.[1] He had a reputation for leniency in sentencing, first acquired as Recorder of Andover, when he was nicknamed "Probation Comyn".[1] In 1980–81, he presided over an unsuccessful libel action by a member of the Unification Church (colloquially known as the Moonies) against the Daily Mail, the longest libel trial in England up to that time.[1] His Irish background made him the target of IRA action, and in 1981 the Provisional IRA burnt his house in Tara.[1] Recurring bouts of depression led to his early retirement, on grounds of ill health, in 1985.[1]

In retirement, he divided his time between England and Ireland, whose citizenship he had retained. He wrote a number of books, including memoirs, light verse, and books on famous trials. He also bred Friesian cattle.[3] He died on 5 January 1997 at age 75.[2]

Family[]

Comyn married Anne Chaundler, a solicitor, in 1967; they had two children.[2][3] Lady Comyn passed away in 2018, aged 92.[10]

References[]

  1. ^ Jump up to: a b c d e f g h i j k l m n o p q "Sir James Comyn". The Times. 9 January 1997. p. 19.
  2. ^ Jump up to: a b c d "Sir James Comyn, former noted English High Court judge, dies". The Irish Times. 6 January 1997.
  3. ^ Jump up to: a b c d O'Toole, Michael (7 January 1997). "Obituary: Sir James Comyn". The Independent.
  4. ^ Jump up to: a b c "Comyn, Hon. Sir James (Peter)". Who's Who. ukwhoswho.com. A & C Black, an imprint of Bloomsbury Publishing plc. (subscription or UK public library membership required)
  5. ^ Jump up to: a b Comyn, James (1991). Summing it Up: Memoirs of an Irishman at Law in England. Dublin: Round Hall Press. p. 99.
  6. ^ Megarry, Sir Robert (Summer 2014). "Contempt" (PDF). The Green Bag. 17 (4): 427.
  7. ^ "No. 42324". The London Gazette. 11 April 1961. p. 2651.
  8. ^ "No. 45491". The London Gazette. 8 October 1971. p. 10853.
  9. ^ "No. 47488". The London Gazette. 14 March 1978. p. 3241.
  10. ^ "Lady Anne Comyn". Legacy.com. 14 March 2018.
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