A. P. Herbert - "Misleading Cases"

"Misleading Cases"

For more details on this topic, see Uncommon Law.

Starting in 1910, his humorous writing appeared often in Punch; wherein also were first published his series of Misleading Cases in the Common Law - the work for which he is best remembered. These were satirical pieces, in the form of "law reports" or "judgments", on various aspects of the British legal and judicial system. Many of them featured the exploits of Albert Haddock, a tireless and veteran litigant. One of the best-known and most colourful is Board of Inland Revenue v Haddock, also known as "The Negotiable Cow". Even the title is a humorous allusion to the entirely serious "Smith's Leading Cases". Herbert often referred to himself as "A. P. Haddock" in skits in Punch magazine, whether or not these had a courtroom setting.

Thanks to their realism, they were on several occasions mistakenly reported by newspapers both in Britain and elsewhere as factual. One of the "cases", supposedly establishing a novel crime of "doing what you like", was sharply criticized by an American law review article, whose author failed to note its entire absurdity. As such they are examples of the literary technique known as False document. And while, in these fictitious "Law Reports", the fictitious judges and lawyers regularly cited various real and venerable authorities, such as Henry de Bracton, they were prone also to citing texts of Herbert's own imagination such as "Wedderburn on Water Courses" and "A. Capone's Handbook for Bootleggers".

More importantly, these cases were Herbert's vehicles for his law reform work. Beneath their satire, they often carried cogent and sharp legal or political points, that tied into his personal crusades against obsolescent legislation. Although entirely fictional, they are, consequently, sometimes quoted in judicial decisions, and are also the subject of academic research.

Over his lifetime Herbert published five collections of the Misleading Cases, titled Misleading Cases in the Common Law, More Misleading Cases, Still More Misleading Cases, Codd's Last Case and Bardot M.P.?. Stray cases also appear in his collections of miscellaneous humorous essays, such as General Cargo. Virtually all the cases were assembled into two omnibus volumes, Uncommon Law in 1935 and More Uncommon Law in 1982. A shorter selection, Wigs At Work, appeared in 1966.

The BBC successfully adapted them for television as three series of A P Herbert's Misleading Cases (1967, 1968 and 1971), with Roy Dotrice as Haddock and Alastair Sim as the judge, Mr. Justice Swallow.