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Tag Archives: Commercial Court (England and Wales)


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Birth of James Charles Mathew, Irish-Born Judge

James Charles Mathew, Irish-born judge renowned for founding the Commercial Court in England and for his transformative contributions to legal procedure and commercial law, is born on July 10, 1830, at Lehenagh House, Cork, County Cork.

Mathew’s family spends time abroad while his father manages business interests. He comes from a Roman Catholic family. His uncle is Theobald Mathew, the famous temperance campaigner. At the age of fifteen, he enters Trinity College Dublin (TCD), where he excels as a gold medalist and senior moderator, graduating in 1850. He then studies law at Lincoln’s Inn, London, and is called to the English Bar in 1851, building a strong foundation for a legal career despite a slow start at the junior bar.

Initially, Mathew’s legal career progresses slowly, though he is active in debating as a founding member of the Hardwicke Society. He handles numerous jury cases at the Guildhall sittings in London, where he gains experience in commercial law. He becomes treasury counsel during the Tichborne Claimant prosecution in 1873, noted for his composed handling of arguments without quarrel with opposing counsel. Despite opportunities, he refrains from applying for Queen’s Counsel due to a naturally weak voice, though his legal acumen and advocacy are highly respected.

In March 1881, Mathew is appointed to the Queen’s Bench Division of the High Court of Justice and is knighted. He becomes known for his keen judgment, practical approach to legal issues, and eventual standing as one of the best nisi prius judges of his time. In 1895, he persuades fellow judges to establish a Commercial List, the precursor to today’s Commercial Court, and serves as the first judge presiding over it. He advances efficiency in commercial law by minimizing procedural delays, focusing on substantive issues, and producing concise judgments that inspire confidence in the mercantile community.

Mathew also chairs a 1892 royal commission on the evicted tenants in Ireland, despite challenges and disputes with landlords and Edward Carson. His recommendations influence the Wyndham Land Purchase Act (1903). In 1901, he is appointed to the Court of Appeal and continues to emphasize clarity and practicality in legal proceedings until a stroke in 1905 forces his resignation.

Mathew marries Elizabeth Biron in December 1861, with whom he has two sons and three daughters. His family includes notable figures, such as his daughter Elizabeth, who marries Irish MP John Dillon, and his grandson, James Matthew Dillon, a later politician. He has a deep cultural appreciation, enjoying music and literature, and maintains friendships across religious and political divides.

Mathew dies on November 9, 1908, at his London home, aged 78. He is buried in St. Joseph’s Cemetery, Cork. His legacy is most strongly associated with founding the Commercial Court, reforming commercial law procedures, and demonstrating a balanced mixture of legal rigor and practical common sense that influenced generations of judges and barristers. His contributions remain a cornerstone in the evolution of modern English and Welsh commercial law.


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Death of Sir James Charles Mathew, Barrister & Judge

Sir James Charles Mathew, barrister and judge, dies in London on November 9, 1908.

Mathew is born on July 10, 1830, at Lehenagh House, County Cork, eldest son of Charles Mathew, gentleman, of Lehenagh House and Castlelake, County Tipperary, and his wife Mary, daughter of James Hackett of Cork. He is of a Roman Catholic family and his uncle is Fr. Theobald Mathew, the temperance movement campaigner. His initial education is at a private school in Cork. He enters Trinity College Dublin (TCD) in July 1845, graduating BA (1850) as a gold medalist and senior moderator. In Hilary term 1850 he is admitted to the King’s Inns in Dublin. He moves to London, entering Lincoln’s Inn on June 1, 1851, and is called to the English bar in Hilary term 1854.

Mathew is a founding member of the Hardwicke Society, a legal debating society, and builds up a substantial practice as a junior barrister, being much in demand as counsel for jury cases in the Guildhall sittings. Despite being highly regarded by his peers, a certain lack of confidence holds him back and even when vacancies arise, he does not apply to be made a Queen’s Counsel (QC). In 1873, however, he represents the treasury as a junior counsel in the prosecution of the Tichborne claimant, Arthur Orton, in one of the most celebrated legal cases of the day. He is the only counsel for the treasury who does not get into heated arguments in court with Orton’s leading council, Dr. Edward Vaughan Hyde Kenealy.

Mathew possesses an encyclopedic knowledge of legal procedure and in 1881 is made a bencher at Lincoln’s Inn and awarded an honorary doctorate by TCD. Although still only a junior counsel he is appointed a judge in the Queen’s Bench Division in March 1881 and knighted. After the return to office of the Liberal Party in August 1892 he becomes chairman of the commission established to investigate the state of evicted tenants in Ireland. His appointment is perhaps unfortunate, as he is a home ruler in politics and the home rule MP John Dillon is his son-in-law. When the commission begins its hearings on November 7, 1892, he announces that he will not allow witnesses to be cross-examined. This provokes protests from Edward Carson, who had recently been replaced as solicitor general for Ireland. Counsel is ordered to withdraw and eventually two members of the commission resign, while the landlords refuse to cooperate with the proceedings. Despite severe criticism, many of the commission’s recommendations are incorporated in the Wyndham Land Purchase Act of 1903.

Throughout his legal career, Mathew argues for the establishment of a separate commercial court and eventually succeeds in convincing the other members of the bench and also Lord Russell of Killowen, who is appointed Lord Chief Justice in 1894, that such a court be established. As a result of this, he is appointed as the first judge of the Commercial Court when it is set up in 1895. In 1901 he is made a privy councilor and appointed judge in the Court of Appeal.

On December 6, 1905, Mathew is seized with a paralytic stroke at the Athenaeum Club in London, and his resignation is announced on the following day. On November 9, 1908, he dies at his London home, 46 Queen’s Gate Gardens. His remains are returned to Ireland, where they are interred in St. Joseph’s Cemetery, Cork.

Mathew marries Elizabeth Blackmore, eldest daughter of the Rev. Edwin Biron, JP and vicar of Lympne near Hythe, Kent, in December 1861. They have two sons and three daughters. His eldest daughter, Elizabeth Mathew, marries John Dillon. A portrait of Sir James Charles Mathew, by Frank Holl, is in the possession of the family. In 1896 a cartoon portrait of him by ‘Spy’ appears in Vanity Fair.

(From: “Mathew, Sir James Charles” by David Murphy, Dictionary of Irish Biography, http://www.dib.ie | Pictured: Sir James Charles Mathew by Alexander Bassano, half-plate glass negative, 1883, National Portrait Gallery, London)