James Wilson considers Lord Denning’s most perfectly crafted judgment
Having previously considered Lord Denning’s finest hour as a judge in these pages (NLJ, 17 June 2011, p 854), on this occasion I am concerned with his finest hour as a legal writer—and arguably as a cultural guardian as well. I refer, of course, to Miller v Jackson [1977] 3 All ER 338, a work of literature first and law a somewhat distant second.
Batting off
The facts begin in the following evocative tones: “In summer time village cricket is the delight of everyone. Nearly every village has its 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 outfield is kept short. It has a good clubhouse for the players and seats for the onlookers. The village team play there on Saturdays and Sundays. They belong
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