Patrick Hastings

Sir Patrick Gardiner Hastings (March 17, 1880 – February 26, 1952) was a noted British barrister who served as Attorney General for England and Wales in 1924 and inadvertently brought down the first Labour government.

Family background

Having been born on his Saint's day and having Irish lineage, Hastings was named after Saint Patrick. His father, Alfred Gardiner Hastings, had been a Solicitor but failed to build up much of a practice and frequently involved himself in business schemes of dubious legitimacy which left him out-of-pocket. Patrick attended Charterhouse School, but did not enjoy his time there because of chronic asthma and a dislike for the strong discipline. As a result, despite his academic abilities, he left at the age of 16 and went with his family (suffering a period of financial trouble) to Corsica.

Early career

When the Second Boer War broke out, Hastings enlisted and served with the British Army. In 1901 Hastings returned to Britain determined to read for the bar, and paid his way through his studies at the Middle Temple by working as a journalist specialising in theatre gossip and reviews. He did well in his exams but when he qualified, he was forced to buy his robes and wig for his admission ceremony on credit in 1904. He then obtained an apprenticeship to a senior barrister and attended daily court sessions. He learned valuable lessons on how to structure a case. Though advised never to ask a question of a witness unless he knew the answer which would be given, he later wrote (in his Autobiography, London 1948) that he considered this rule too restrictive.

Fame and reputation

In 1910 Sir Horace Avory QC, whose chambers Hastings shared was made a Judge and let him take over the chambers while remaining responsible for the rent until Hastings had built up his earnings. Two years later, Hastings lead for the defence of John Williams in the Eastbourne "Case of the Hooded Man" which made national headlines. Although Williams was convicted, Hastings won a reputation for an intelligent defence strategy, and thereafter tended to practice in the High Court in London. During World War One, he appeared in several important cases, including Gruban v Booth (where an interned German businessman successfully sued Frederick Handel Booth, Member of Parliament for Pontefract, for fraud). Hastings maintained his reputation, becoming known for his flair, and by the end of the war he was one of the most fashionable barristers in the country. He was made a King's Counsel in 1919.

ocialist convictions?

In the early 1920s Hastings decided to go into politics. He joined the Labour Party for reasons which remain mysterious, as he had no great knowledge of party policies. Hastings' critics later suggested that he spotted that the party might form a government and had no noted lawyers among its membership, and therefore knew he stood a good chance of obtaining a senior judicial job. In any event, his membership was accepted and he was elected as MP for Wallsend in the 1922 election, being appointed as legal affairs spokesman for the party.

Campbell Case

On formation of the Labour government in January 1924, Hastings was made Attorney-General and given a knighthood that went with the job. Hastings disliked much of the drudgery of the job, though welcomed the opportunity to go into court as the representative of the government. One of his responsibilities was to bring prosecutions, and in July he agreed a prosecution for sedition of John Ross Campbell, editor of the Worker's Weeky and later the Daily Worker, who had published an article written by Harry Pollitt urging troops not to obey orders to break strikes. The arrest of Campbell caused controversy in the Labour movement where the sentiments expressed in the article were thought unexceptional, and delegations of left-wing MPs went to see Hastings to demand that the prosecution be withdrawn.

After being instructed by the Cabinet, Hastings withdrew the prosecution (although this was denied at the time by the Prime minister Ramsay Macdonald). This announcement enraged the Conservatives who put down a motion of no confidence, while the Liberal Party demanded a Select Committee investigation. The government declared either issue a matter of confidence; as the Labour Party had only a minority of MPs, the Conservatives decided to vote for the Liberal amendment which was easily carried. Prime Minister Ramsay Macdonald then called a general election, which the Conservatives won.

Playwright

Hastings decided not to stay in politics and resigned his seat in 1926. He had begun an alternative career as a playwright, with "The River" being produced in London in 1925, and went back to the bar where he resumed his practice.

He had several notable cases, including that of Princess Irina Yusupov who sued Metro Goldwyn Mayer over a film fictionalizing the murder of Grigori Rasputin led by her husband; she won £25,000 damages, an unbelievable figure at the time.

In another Holywood-related case, Hastings represented Warner Bros., who sued actress Bette Davis for breach of contract, when she accepted an offer in 1936 to appear in two films in England. Hastings called Davis "rather a naughty young lady" who "wants more money", helped turn British public opinion against the actress and finally won his case.

Later career at the bar

Hastings had left the Labour Party and seemed somewhat embarrassed by his membership of it. He represented Sir Oswald Mosley on several occasions when he was prosecuted for public order offences as leader of the British Union of Fascists. Hastings rejected several offers to become a Judge; during World War II he served briefly in the Royal Air Force intelligence corps. After the war, Hastings was engaged by the "Newark Advertiser" in defence of a libel action brought by Harold Laski who was seeking to clear his name from the newspaper's claim that he had called for socialism "even if it means violence". Cross-examining Laski, the following exchange occurred:

:HASTINGS: Are there any privileged in the Socialist Party?:LASKI: Why, indeed, Sir Patrick, when you were a member—:THE LORD CHIEF JUSTICE: No, Mr. Laski.:HASTINGS: Do not be rude.

Laski's counsel later said that he hoped that Hastings would at least have said "Touché". Laski lost the case and his political reputation was ruined.

Retirement and Death

In 1948 Hastings suffered a mild stroke and was advised to retire. He died four years later. His daughter Barbara married the well-known illustrator Nicolas Bentley.

References

* Hastings, Sir Patrick, 'The Autobiography of Sir Patrick Hastings', William Heinemann, London, 1948.

* Hastings, Sir Patrick, 'Cases in Court', Heinemann, London 1949.

* Hastings, Patrick, Q.C., 'Famous and Infamous Cases', Heinemann, London, 1950.

* Hastings, Patricia, 'The Life of Patrick Hastings', Cresset Press, London, 1959.

* Hyde, H. Montgomery, 'Sir Patrick Hastings - His Life and Cases', Heinemann, London, 1960.

* Birkett, Lord, 'Six Great Advocates', Penguin, 1961, pp 22-37.