Person:Jean-Pierre Warner (1)

February 23, 2005 Sir Jean-Pierre Warner Distinguished lawyer who served as the first British Advocate-General of the European Court of Justice

JEAN-PIERRE WARNER, the first Advocate-General of the Court of Justice of the European Communities from the UK, was one of the outstanding lawyers of his generation. By patiently anglicising some of the court’s procedures he laid the foundations of a bridge between the common law and the civil law traditions, and he deservedly ranks as one of the court’s great judicial members. Jean-Pierre Frank Eugene Warner was born in 1924 to an English father and a French mother. He was only 4 when his father died, and he and his brother were taken by their mother to live in France. His education was much interrupted. He went to a day school, Ste Croix de Neuilly, and then to a boarding school in Normandy, École des Roches, before being sent to Harrow in 1938. With the onset of the war his mother decided that crossing the Channel at the start and the end of every term was too dangerous and he returned to school in France. On the fall of France his mother drove him and his brother first to Bordeaux, but the last boat had gone, and then to Bayonne to escape on the last boat leaving for England. After two more years at Harrow he went to Trinity College, Cambridge, to read history, but left after four terms to join the Rifle Brigade into which he was commissioned. At the end of the war he joined Lord Mountbatten’s staff at GHQ Far East. He was an acting major by the age of 22. Demobilised in 1947, he returned to Trinity to read law for one year, duly obtaining a first, as befitted a pupil of H. W. R. (later Sir William) Wade. He decided on a career at the Bar. He became a member of Lincoln’s Inn and was called to the Bar in 1950. He joined the Chancery Chambers of Mr J. H. Stamp, the Chancery Revenue junior, whose members included those who were to become Sir John Pennycuick, the Vice-Chancellor, Lord Justice Stamp and Mr Justice Bagnall. From his earliest days Warner knew precisely in which areas of law he wished to specialise — trust law, tax and estate duty — and shocked his clerks by declining work in other fields. At a time when the Chancery Bar had attracted many lawyers of great intellect, he rapidly acquired a huge and high-quality practice. His growing reputation as a high flyer brought him to the attention of the Attorney-General. He was appointed junior counsel to the Registrar of Restrictive Practices in 1961 and took part in many heavy cases in the Restrictive Practices Court. In 1964 he was appointed junior counsel to the Treasury in Chancery matters. Before his appointment the bulk of the Chancery Treasury devil’s work was taken up with advising and appearing for the Revenue. After his appointment successive law officers relied on him to advise on a wide range of problems affecting government departments, and he constantly appeared for the Crown in the higher courts. A quiet, unostentatious man with a lucid, well-ordered mind, he was a highly effective advocate. His appointment to the High Court Bench seemed inevitable. However, in 1972 on the accession of the UK to the EEC, he was asked instead to go to Luxembourg as Advocate-General. As one who had spoken French, the working language of the European Court, all his life, he was well equipped to take up the appointment. But it was a daunting task for an English lawyer. The role of Advocate-General was unknown to English law. The European Court’s rules of procedure needed to be translated into comprehensible English, a task which he immediately undertook and accomplished. Further, the common law doctrine of precedent as binding authority was alien to civil-law judges, and the practice of the court had been to sit in silence while brief oral submissions were made, without questions being put to the advocates. He was highly influential in anglicising to some degree the procedures of the court. The oral hearings became more important with the advocates’ submissions being tested by questions from the bench. Previous decisions of the court came to be treated as guiding precedents. Warner’s opinions, almost invariably followed by the court, are models of lucidity and are still cited as authoritative. His term of office in Luxembourg was a successful and happy period in his career. He and his wife Sylvia, whom he married in 1950, were unstinting in providing hospitality to visiting English lawyers. To the disappointment of his many admirers, the significance of the role of the Advocate-General appeared not to be recognised by the UK Government. No English honour was bestowed on him before or during his tenure, other than that he was made a QC — suggesting that the Government may not have understood that the function of an Advocate-General was judicial and that he was of equal rank with the judges in the European Court. Nor, when he did return to England in 1981, was he given an appointment commensurate with his high standing in the European Court, nor was his unrivalled knowledge of European law in addition to his mastery of English law utilised, as it might appropriately have been by an appointment to the House of Lords. Instead he was appointed a High Court judge in the Chancery division and given the knighthood which traditionally accompanies such appointment. He remained in the High Court until he chose to retire in 1994. His judgments characteristically reflect his clarity of thought and expression. He had honorary LLDs from the Universities of Exeter, Leicester and Edinburgh. He became a bencher of Lincoln’s Inn in 1966 and its treasurer in 1985. In 1998 he was awarded Luxembourg’s Grand Cross, Order of Merit. Outside the law, he was a director for many years of the family company, Warner & Sons, which was celebrated for the quality of its silks and other fabrics used in successive coronations including that of the present Queen and to furnish the royal palaces. He was a Conservative councillor in Kensington from 1959 to 1968 and chairman for several years of the general purposes committee. An Englishman by day and a Frenchman by night, he enjoyed good food and in particular good wine, of which he had a considerable knowledge. He became a Chevalier du Tastevin in 1952 and a Commandeur in 1960. His recreation in Who’s Who is given as “sitting in the sun with a cool drink”. In 2004 mesothelioma was diagnosed. He bore his illness with fortitude, delighting in his 80th birthday party and in outliving his prognosis. He is survived by his wife and his two daughters. Sir Jean-Pierre Warner, lawyer, was born on September 24, 1924. He died on February 1, 2005, aged 80.

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May 20, 2005

Memorial services

Sir Jean-Pierre WarnerLord Phillips of Worth Matravers, Master of the Rolls, was represented by the Lord Chief Justice at a memorial service for Sir Jean-Pierre Warner held on Wednesday at Lincoln’s Inn Chapel, WC2.Canon William Norman officiated. Mr Philip Warner (brother), Mrs Jennifer Kenwood (grand daughter) and Ms Colette Hill read the lessons. Sir Andrew Morritt, treasurer of Lincoln’s Inn, gave an address. Among others present were:Lady Warner (widow), Mr and Mrs David Hill (son-in-law and daughter), Titus, Katherine and Lucy Hill and Alastair Kenwood (grandchildren), Mr and Mrs Richard Kenwood (daughter and son-in-law), Mrs Philip Warner (sister-in-law), Mrs Judy Warner, Mr and Mrs Will Baker, Ms Nell Warner.Lord Falconer of Thoroton, Lady Woolf, Lady Morritt, Lord Wright of Richmond, Lord Millett, Lady Balcombe, Sir Thomas Macpherson of Biallid, Sir Geoffrey Bowman, Sir Robin Ibbs, Sir Patrick Sinclair, Sir Christopher and Lady Slade, Sir Alan and Lady Leslie.Sir John and Lady Wood, Sir Michael Davies, Sir Peter Gibson, Sir Jeremiah Harman, Sir John Knox, Sir Donald Rattee, Sir Martin Nourse, Sir Francis Ferris, Sir Christopher Bellamy, Lady Harman, Mr Justice Charles, Mr Justice and Lady Lindsay, Lord Justice Chadwick, Lord Justice Buxton, Mr Justice Blackburne, Judge John Samuels QC, Judge Hubert Dunn QC, Judge Nicholas Philpot, Judge Nicholas Forwood, Judge Marr-Johnson.His Honour Brian Galpin, His Honour Brian Capstick QC, Advocate General Francis Jacobs (European Court of Justice), Mr Richard Plender QC, and Mrs Plender, Mr John Randall QC, Mr Adrian Hamilton QC, and Mrs Hamilton, Mr William Taylor QC, Mr David Vaughan QC, and Mrs Vaughan, Mr James Flynn QC, Mr Charles Aldous QC (Maitland Chambers), and Mrs Aldous, Mr David Lloyd Jones QC (Bar European Group), Mr Charles Purle QC, Mr Gerald Moriarty QC, and Mrs Moriarty, Dr Michael Powers QC, Mr Derek Wood QC (deputy treasurer Middle Temple), Ms Sonia Proudman QC, Colonel David Hills (under treasurer, Lincoln’s Inn), and Mrs Hills, Mr Paul Heim, Professor and Mrs Alan Dashwood, Mr David Gordon-Smith, Ms Genevra Forwood, Mr James Dewar, Mr David Fitzgerald and representatives of the London Borough of Kensington and Chelsea. (Research):Paper: Times, The (London, England) Title: Sir Jean-Pierre Warner - Memorial Services Date: May 20, 2005 Section: Features Page: 75 Lord Phillips of Worth Matravers, Master of the Rolls, was represented by the Lord Chief Justice at a memorial service for Sir Jean-Pierre Warner held on Wednesday at Lincoln's Inn Chapel, WC2. Canon William Norman officiated. Mr Philip Warner (brother), Mrs Jennifer Kenwood (grand daughter) and Ms Colette Hill read the lessons. Sir Andrew Morritt, treasurer of Lincoln's Inn, gave an address. Among others present were: Lady Warner (widow), Mr and Mrs David Hill (son-in-law and daughter), Titus, Katherine and Lucy Hill and Alastair Kenwood (grandchildren), Mr and Mrs Richard Kenwood (daughter and son-in-law), Mrs Philip Warner (sister-in-law), Mrs Judy Warner, Mr and Mrs Will Baker, Ms Nell Warner. Lord Falconer of Thoroton, Lady Woolf, Lady Morritt, Lord Wright of Richmond, Lord Millett, Lady Balcombe, Sir Thomas Macpherson of Biallid, Sir Geoffrey Bowman, Sir Robin Ibbs, Sir Patrick Sinclair, Sir Christopher and Lady Slade, Sir Alan and Lady Leslie. Sir John and Lady Wood, Sir Michael Davies, Sir Peter Gibson, Sir Jeremiah Harman, Sir John Knox, Sir Donald Rattee, Sir Martin Nourse, Sir Francis Ferris, Sir Christopher Bellamy, Lady Harman, Mr Justice Charles, Mr Justice and Lady Lindsay, Lord Justice Chadwick, Lord Justice Buxton, Mr Justice Blackburne, Judge John Samuels QC, Judge Hubert Dunn QC, Judge Nicholas Philpot, Judge Nicholas Forwood, Judge Marr-Johnson. His Honour Brian Galpin, His Honour Brian Capstick QC, Advocate General Francis Jacobs (European Court of Justice), Mr Richard Plender QC, and Mrs Plender, Mr John Randall QC, Mr Adrian Hamilton QC, and Mrs Hamilton, Mr William Taylor QC, Mr David Vaughan QC, and Mrs Vaughan, Mr James Flynn QC, Mr Charles Aldous QC (Maitland Chambers), and Mrs Aldous, Mr David Lloyd Jones QC (Bar European Group), Mr Charles Purle QC, Mr Gerald Moriarty QC, and Mrs Moriarty, Dr Michael Powers QC, Mr Derek Wood QC (deputy treasurer Middle Temple), Ms Sonia Proudman QC, Colonel David Hills (under treasurer, Lincoln's Inn), and Mrs Hills, Mr Paul Heim, Professor and Mrs Alan Dashwood, Mr David Gordon-Smith, Ms Genevra Forwood, Mr James Dewar, Mr David Fitzgerald and representatives of the London Borough of Kensington and Chelsea.

Section: Features Page: 75

(c) Times Newspapers Limited 2005

Paper: Times, The (London, England) Title: Sir Jean-Pierre Warner - Lives remembered Date: March 17, 2005 Section: Features Page: 63 Sir John Lindsay: Sir Jean-Pierre Warner, or 'J-P', (obituary, February 23) often expressed himself in a direct and memorable way. Once, when giving his opinion to the European court, he spoke of some reasoning as having all the cohesion and strength of 'a rope of sand'. Much earlier, at a time when small dictating machines were coming into use and often led to a more discursive style when drafting affidavits than before (the model had been Tacitus), he reminded younger members of his chambers that 'these machines are a substitute only for writing, not for thinking'.

Section: Features Page: 63

(c) Times Newspapers Limited 2005

Paper: Times, The (London, England) Title: Sir Jean-Pierre Warner - Obituary Date: February 23, 2005 Section: Features Page: 61 Sir Jean-Pierre Warner, lawyer, was born on September 24, 1924. He died on February 1, 2005, aged 80. Distinguished lawyer who served as the first British Advocate-General of the European Court of Justice JEAN-PIERRE WARNER, the first Advocate-General of the Court of Justice of the European Communities from the UK, was one of the outstanding lawyers of his generation. By patiently anglicising some of the court's procedures he laid the foundations of a bridge between the common law and the civil law traditions, and he deservedly ranks as one of the court's great judicial members. Jean-Pierre Frank Eugene Warner was born in 1924 to an English father and a French mother. He was only 4 when his father died, and he and his brother were taken by their mother to live in France. His education was much interrupted. He went to a day school, Ste Croix de Neuilly, and then to a boarding school in Normandy, Ecole des Roches, before being sent to Harrow in 1938. With the onset of the war his mother decided that crossing the Channel at the start and the end of every term was too dangerous and he returned to school in France. On the fall of France his mother drove him and his brother first to Bordeaux, but the last boat had gone, and then to Bayonne to escape on the last boat leaving for England. After two more years at Harrow he went to Trinity College, Cambridge, to read history, but left after four terms to join the Rifle Brigade into which he was commissioned. At the end of the war he joined Lord Mountbatten's staff at GHQ Far East. He was an acting major by the age of 22. Demobilised in 1947, he returned to Trinity to read law for one year, duly obtaining a first, as befitted a pupil of H. W. R.

(later Sir William) Wade. He decided on a career at the Bar. He became a member of Lincoln's Inn and was called to the Bar in 1950. He joined the Chancery Chambers of Mr J. H. Stamp, the Chancery Revenue junior, whose members included those who were to become Sir John Pennycuick, the Vice-Chancellor, Lord Justice Stamp and Mr Justice Bagnall. From his earliest days Warner knew precisely in which areas of law he wished to specialise -trust law, tax and estate duty -and shocked his clerks by declining work in other fields. At a time when the Chancery Bar had attracted many lawyers of great intellect, he rapidly acquired a huge and high-quality practice. His growing reputation as a high flyer brought him to the attention of the Attorney-General. He was appointed junior counsel to the Registrar of Restrictive Practices in 1961 and took part in many heavy cases in the Restrictive Practices Court. In 1964 he was appointed junior counsel to the Treasury in Chancery matters. Before his appointment the bulk of the Chancery Treasury devil's work was taken up with advising and appearing for the Revenue. After his appointment successive law officers relied on him to advise on a wide range of problems affecting government departments, and he constantly appeared for the Crown in the higher courts. A quiet, unostentatious man with a lucid, well-ordered mind, he was a highly effective advocate. His appointment to the High Court Bench seemed inevitable. However, in 1972 on the accession of the UK to the EEC, he was asked instead to go to Luxembourg as Advocate-General. As one who had spoken French, the working language of the European Court, all his life, he was well equipped to take up the appointment. But it was a daunting task for an English lawyer. The role of Advocate-General was unknown to English law. The European Court's rules of procedure needed to be translated into comprehensible English, a task which he immediately undertook and accomplished. Further, the common law doctrine of precedent as binding authority was alien to civil-law judges, and the practice of the court had been to sit in silence while brief oral submissions were made, without questions being put to the advocates. He was highly influential in anglicising to some degree the procedures of the court. The oral hearings became more important with the advocates' submissions being tested by quest! ions from the bench. Previous decisions of the court came to be treated as guiding precedents. Warner's opinions, almost invariably followed by the court, are models of lucidity and are still cited as authoritative. His term of office in Luxembourg was a successful and happy period in his career. He and his wife Sylvia, whom he married in 1950, were unstinting in providing hospitality to visiting English lawyers. To the disappointment of his many admirers, the significance of the role of the Advocate-General appeared not to be recognised by the UK Government. No English honour was bestowed on him before or during his tenure, other than that he was made a QC -suggesting that the Government may not have understood that the function of an Advocate-General was judicial and that he was of equal rank with the judges in the European Court. Nor, when he did return to England in 1981, was he given an appointment commensurate with his high standing in the European Court, nor was his unrivalled knowledge of European law in addition to his mastery of English law utilised, as it might appropriately have been by an appointment to the House of Lords. Instead he was appointed a High Court judge in the Chancery division and given the knighthood which traditionally accompanies such appointment. He remained in the High Court until he chose to retire in 1994. His judgments characteristically reflect his clarity of thought and expression. He had honorary LLDs from the Universities of Exeter, Leicester and Edinburgh. He became a bencher of Lincoln's Inn in 1966 and its treasurer in 1985. In 1998 he was awarded Luxembourg's Grand Cross, Order of Merit. Outside the law, he was a director for many years of the family company, Warner & Sons, which was celebrated for the quality of its silks and other fabrics used in successive coronations including that of the present Queen and to furnish the royal palaces. He was a Conservative councillor in Kensington from 1959 to 1968 and chairman for several years of the general purposes committee. An Englishman by day and a Frenchman by night, he enjoyed good food and in particular good wine, of which he had a considerable knowledge. He became a Chevalier du Tastevin in 1952 and a Commandeur in 1960. His recreation in Who's Who is given as 'sitting in the sun with a cool drink'. In 2004 mesothelioma was diagnosed. He bore his illness with fortitude, delighting in his 80th birthday party and in outliving his prognosis. He is survived by his wife and his two daughters.

Section: Features Page: 61

1. ↑ The London Times online Archives.