Comfortably the longest-named of all Commercial Judges, Christopher Stephen Thomas Jonathan Thayer Staughton had a large judicial personality to match. Few Judges today, for example, would announce that they intended to read the newspaper if counsel persisted with a bad point, let alone make good on the threat when the barrister carried on regardless.

Staughton's dead-pan delivery and solemn features sometimes made his witticisms appear brusque. But it was commendable that he retained any sense of humour at all after a troubled start in life. His father, Simon, came from a line of Australian farmers and landowners. Staughton Place and Staughton Lane in central Melbourne testify to the family's former local prominence, and Christopher owned a share in a commercial building in the city until the 1950's. Staughton's mother, Edith, was Canadian. The marriage came to an acrimonious end while Staughton was a small child. The break-up was so traumatic that Staughton was for a time made a Ward of Court, taken under the protection of the judicial system because neither Simon nor Edith were in a position to take proper care of him.

Staughton recovered from this early setback to win a scholarship to Eton College. After he left the school, he performed two years of National Service as a junior officer of the British Army of the Rhine. With the self-confidence which would characterise his career at the Bar and on the Bench, he once led his platoon across the frontier into Russian-occupied East Germany. Fortunately, his superior officers and the Russians were persuaded that this was the result of a map-reading error, not a private invasion. Staughton studied law at Magdalene College Cambridge, where he again won a scholarship, and was awarded a prize in Roman law. Invited along to a party one day solely to make up the numbers, he met Joanna Burgess, who would be his wife for more than half a century. They were married in 1960, and had two daughters. 

 

Christopher Staughton had a sense of fun, but his naturally grave face lent him a rather intimidating appearance: no bad thing for an advocate.

Staughton was called to the Bar by the Inner Temple in 1957, and became a tenant at 3 Essex Court. With a cast of future Commercial Judges among its existing members  (John Megaw, Alan Mocatta, Eustace Roskill, John Donaldson, Michael Kerr, Anthony Lloyd, and Michael Mustill) it was the leading commercial set of the time. But the post-War slump in commercial litigation was not yet over, there was little work for new tenants, and Staughton appeared in only a couple of reported cases during the 1950's. In 1960, however, he found gainful employment in The 'Tropaioforos' [1960] 2 Lloyd's 469. The ship which gave its name to the case had sunk mysteriously in benign conditions in the Bay of Bengal. When the owners claimed on their insurance policy, the underwriters decided that the ship had been deliberately sunk with the owners’ connivance, in order to make a false claim. The trial before Colin Pearson occupied some of the commercial Bar's brightest talents for three months: Mocatta, Kerr, and Mustill were all retained by the owners, and only the participation of Henry Brandon, who joined Roskill and Staughton on the insurers' team, broke 3 Essex Court's monopoly on the case. Staughton's first major outing in the Commercial Court ended in triumph when Pearson ruled that The 'Tropaioforos' had indeed been scuttled, and dismissed the owners' claim. Pearson recognised Staughton's contribution by certifying that it had been a fit case for three counsel (so that the costs of all three could be recovered), which was a relatively unusual occurrence at the time.

Staughton's involvement in this high-profile case helped launch his career in earnest. After only two reported cases in the first years of his career, he made half a dozen appearances in Lloyd's Law Reports for 1960-1961. He maintained a similar record in subsequent years, with a succession of insurance, sale of goods, and shipping cases. Prominent among them were The 'Hong Kong Fir' [1962] 2 QB 26, the foundational modern case on innominate terms, and The 'Suisse Atlantique' [1967] 1 AC 361, a laytime and demurrage action which blossomed into a leading authority on the effects of repudiation on exclusion and limitation clauses when it reached the House of Lords.

Staughton’s professional break came in the mammoth litigation which followed the sinking of The ‘Tropaioforos’. All six counsel in the case subsequently became Commercial Judges.

In 1961, the Lord Chancellor's Department forced 3 Essex Court to split, under threat that Donaldson and Kerr would not be made QCs unless the set was broken up. While Kerr led half of the tenants next door to establish new chambers at 4 Essex Court, Staughton elected to remain at No 3. The promotion of Donaldson and Kerr to leading counsel status, together with the appointments of Megaw, Mocatta, and Roskill to the Bench in quick succession, made more work available for Staughton. Soon, he was sufficiently busy to take on pupils. Among those who endured the thick pipe smoke with which he befogged his room was future Commercial Judge, Anthony Colman. In later years, the Colmans became near neighbours of the Staughtons at Sarratt, in Hertfordshire. In addition to his litigation workload, Staughton joined the editorial team of a leading text on the law of General Average during the 1960's, further entrenching his position as one of the leading juniors at the commercial Bar.

As the volume of commercial litigation steadily expanded through the 'sixties, Staughton became even busier. He became Queen's Counsel in 1970, aged just thirty-seven, and after barely a dozen years in practice. Staughton maintained his commercial focus as a QC, although he also made the occasional appearance in the Restrictive Practices Court and appeared in three House of Lords tax appeals.

He also branched out from carriage by sea to carriage by air in Fothergill v Monarch [1981] AC 251, one of the very few aviation cases to reach the Lords. (The case turned on whether the airline's liability was excluded by statute. Staughton won before Michael Kerr and Lord Denning's Court of Appeal, but fell at the final hurdle in the Lords.) Staughton argued around a dozen cases in the House of Lords altogether, including The 'Folias' [1979] AC 685 on when damages should be awarded in a foreign currency (often of important practical concern in commercial disputes) and Bunge v Tradax [1981] 1 WLR 711, in which the Lords accepted his submission that a provision in a commercial contract which fixes a time for performance should usually be treated as a condition. A tall man, Staughton had good physical presence for a trial lawyer, while his deep voice and long, grave face lent gravitas to his advocacy. He always believed in putting his case plainly, and in concentrating on his best points.

Staughton was increasingly in demand as an arbitrator during the 1970's, so that he acquired good experience of deciding commercial disputes as well as arguing them. He became a Recorder, a part-time judicial office in criminal litigation, in 1972, and was made a Queen's Bench Judge in 1981. At forty-seven, he was almost, but not quite, the youngest Commercial Judge since John Donaldson in the 1960's (Thomas Bingham had been slightly younger on his appointment the previous year).

With his background at the Bar, Staughton might have been expected to confine himself to cases about ships and insurance policies. The vast majority of his reported first instance cases were indeed in the Commercial Court, although he made the occasional foray into the Admiralty, and even heard the odd personal injury case. Striving for a commercial solution in the face of legal difficulties presented by the complex facts of The 'Aliakmon' [1983] 1 Lloyd's Rep 203, he did his best for cargo buyers who had never become owners of the goods or holders of the bill of lading. The more hard-hearted House of Lords held that the buyers had no title to sue, and that the buyers claims for damage to the goods must fail. Staughton broke new ground in The 'Cape Hatteras' [1982] 1 Lloyd's Rep 518 by applying the "prevention principle" to ship-building/repair contracts. As trial Judge in The 'Hannah Blumenthal' [1983] 1 AC 854 and  JH Rayner v Department of Trade [1990] 2 AC 418 respectively, he held that an arbitration could be and had been terminated by frustration and that the International Tin Council had sufficient legal personality to be sued. In the first case, demonstrating his independence of mind, Staughton had to find a way around a recent House of Lords decision to arrive at the sensible result. The Court of Appeal endorsed his initiative, but his decision was overturned in the House of Lords. In Rayner, on the other hand, he was upheld both in the Court of Appeal and in the Lords. Staughton was a good lawyer and had sound judgment. His overall record on cases which went to the higher courts was impressive, particularly when he spent such a high proportion of his time dealing with commercial cases, which were more likely than most to raise real points of law.

Staughton also took on his fair share of Queen's Bench criminal work, and his most widely-publicised cases were criminal. When Mary Whitehouse privately prosecuted the director and producer of the  National Theatre play 'The Romans In Britain' for gross indecency, the evidence hinged upon whether what one of the actors had waved about on the stage was his thumb or his privates. Given that his actions had been partially concealed under a cloak and the prosecution witness had been sitting at the back of the theatre, the prosecution faced an uphill task trying to prove its case beyond reasonable doubt. Staughton managed to keep a straight face and maintain the dignity of the trial process until the case collapsed before the jury was sent out to consider its verdict. Less entertaining was the trial of "limbs in the loch" murderer William Beggs. Beggs admitted killing man, but claimed that he had acted in self-defence. He was also accused of wounding a number of other men. Staughton ruled that all of the charges should be tried together before the same jury. Beggs was convicted, but the Court of Appeal ruled that "similar fact" evidence from the wounding cases had potentially prejudiced his defence to the murder charge, and set him free. Four years later, Beggs was convicted and imprisoned in Scotland for murdering another man and disposing of the body in Loch Lomond.

Staughton as a Queen’s Bench Judge.

Staughton quickly established a reputation on the Bench for decisiveness, a droll sense of humour, and an impatience to the get to the key points in each case. These personality characteristics did not always combine well. If Staughton decided that a point was really bad or irrelevant, his sarcastic interjections could verge on the wounding, in the manner of J.C. Mathew, a blunt Commercial Court humourist from an earlier age. But, while his witticisms could sometimes be unsettling for those on the receiving end, Staughton was essentially good-natured, as, for example, when he sent the usher to rouse a tired junior counsel gently from his slumbers, rather than embarrassing the youngster in public with a wake-up call from the Bench.

But perhaps Staughton's defining judicial characteristic was his passion for plain-speaking. Not only did he always express himself in a way which was direct to the point of being blunt, but he also insisted that others in his Court should use plain English, rather than what he castigated as lawyers' circumlocutions.

Staughton was made a Lord Justice of Appeal in 1988, a relatively rapid promotion after less than seven years on the Bench. Some of his more prominent Court of Appeal judgments were not well received in the House of Lords. In Charter Re v Fagan [1997] AC 313, he took a lone stand against the increasing slide towards purposive construction of contracts. Declaring that there must come a point at which the modern judicial tendency to ignore the literal meaning of words had to stop, he decided that a contractual requirement for money to be "actually paid" meant that the money must actually be paid. But his fellow Lords Justice disagreed, and so did the Lords. In Ruxley v Forsyth [1994] 1 WLR 650, Staughton ruled that a contractor who dug a swimming pool to less than the specified depth was liable for the cost of putting the defect right, but the Lords held that nominal damages were an adequate remedy. Staughton fared better in Bradley v Eagle Star [1989] AC 957, in which the Lords endorsed his views on when a cause of action accrued under a liability insurance policy. Away from commercial and contract law, Staughton sat on numerous criminal appeals, and there were also administrative law, employment, family, landlord and tenant, and tort cases among his more than eight hundred appeals.

As an appellate Judge, Staughton retained his reputation for forthright speaking. Now, however, it was not only counsel who were on the receiving end of his broadsides, but sometimes also his fellow Judges. His injunction to a fellow Lord Justice who persisted with unfocussed interjections to "for goodness sake, shut up" may well have been intended humorously. But such bluntness was not necessarily calculated to endear Staughton to his colleagues. It is possible that an impression that Staughton could be a prickly character contributed to his failure to rise further up the judicial ladder. But simple bad timing must also have been a factor. Staughton had the misfortune of reaching judicial seniority at a time when the Commercial Court was already well represented in the House of Lords, with Henry Brandon, Desmond Ackner, Robert Goff, Anthony Lloyd, and Michael Mustill all sitting there during Staughton's time in the Court of Appeal.

Lord Justice Staughton.

Staughton was only sixty-four when he stepped down from the Bench in 1997. He departed shortly after Mark Saville, another former Commercial Judge, but a younger and more junior one, was appointed a Lord of Appeal in Ordinary. Speculation that the two events were connected was fuelled by Staughton's insistence that he had resigned (Judges customarily "retired" whatever their age"). But perhaps Staughton was simply anxious for the legal world to know that he intended to carry on working, in a new career as an arbitrator. If he did feel any resentment at being passed over for promotion, he overcame it to volunteer for further service in the Court of Appeal on a part-time basis, sitting on nearly one hundred and fifty appeals between 1998 and 2006. Among notable commercial cases, these included Gan v Tai Ping [2001] Lloyd's Rep IR 667, on construction of insurance policy provisions as conditions or innominate terms, and Soleimany v Soleimany [1999] QB 785, in which the Court refused to enforce a Beth Din arbitration award on the grounds that a contract to smuggle Persian carpets was unenforceable in English law, even if it was legally valid under the Jewish law which the arbitrator had applied.

Staughton also established himself as one of  the busiest maritime arbitrators in London. In 2002, he received a rare distinction when one of his Awards was published in the law reports. In the anonymised The 'Sine Nomine' [2002] 1 Lloyd's 805 (surely a Staughtonian joke), he and his co-arbitrators rejected a time charterer's claim for an account of the profits which the owner had made by wrongfully withdrawing the vessel and chartering it to someone else at a higher rate: damages at the market rate, Staughton said, were remedy enough. Staughton also found time to sit as an occasional member of the Board in Privy Council appeals, and part-time as an appeal Judge in Gibraltar. These were busy years in the Staughton household. Over the same period, Joanna held a series of governance posts in local education and health institutions, and served as High Sheriff and Deputy Lieutenant of Hertfordshire, for which she was awarded an OBE.

A logical thinker, Staughton was an enthusiastic and skilful bridge player. He also enjoyed shooting and gardening, with a particular passion for dahlias. He could be persuaded to participate in amateur dramatics from time to time, and was able to supply his own costume when he performed the 'Judge's Song' from Gilbert & Sullivan's 'Trial By Jury' at a village-hall event.

Christopher Staughton died in October 2014.