Jarndyce and Jarndyce
Template:Short description Template:EngvarB Template:Use dmy dates Template:Italic title Jarndyce and Jarndyce (or Jarndyce v Jarndyce) is a fictional probate case in Bleak House (1852–53) by Charles Dickens, progressing in the English Court of Chancery. The case is a central plot device in the novel and has become a byword for seemingly interminable legal proceedings.
Dickens refers to the case as "Jarndyce and Jarndyce", the way it would be spoken of. The v in the case title is an abbreviation of the Latin versus, but is normally pronounced "and" for civil cases in England and Wales.
Plot
Jarndyce v Jarndyce concerns the fate of a large inheritance; due to the apparent existence of multiple wills and trusts deriving therefrom (with those containing multiple beneficiaries), the heir or heirs cannot be determined. The case has dragged on for many generations before the action of the novel, so that, by the end of the narrative when the correct heirs appear to have finally been established, legal costs have devoured the whole estate, rendering any ultimate verdict moot. Dickens used it to attack the chancery court system as being almost completely worthless, as any "honourable man among its practitioners" says, "Suffer any wrong that can be done you rather than come here!"
All of the main characters are connected in some way through the case, though the legal proceedings appear only as a background plot. Aside from the lawyers who sue and defend the case, every character who directly associates with it suffers some tragic fate. Miss Flite has long since lost her mind when the narrative begins. Richard Carstone, a former ward of court, dies trying to win the inheritance for himself after spending much of his life so distracted by the notion of it that he cannot commit to any other pursuit. John Jarndyce, by contrast, finds the whole process tiresome and tries to have as little to do with it as he possibly can, one of many examples of the character's wise and self-effacing demeanour.
Dickens introduces the case in the first chapter in terms which make the futility of the matter clear:
The ending of the case reduces the whole court to fits of laughter. From Chapter 65:
Real-life cases
In the preface to Bleak House, Dickens cites two Chancery cases as special inspirations, one of which was a "friendly suit":
Based on an 1853 letter of Dickens,[1] the first of these cases has been identified[2][3] as the dispute over the will of Charles Day, a boot blacking manufacturer who died in 1836. Proceedings were commenced in 1837 and not concluded until at least 1854.
The second of these cases is generally identified[2] as the dispute over the will of the "Acton Miser" William Jennens of Acton, Suffolk. Jennens v Jennens commenced in 1798 and was abandoned in 1915 (117 years later) when the legal fees had exhausted the Jennens estate of funds;[4][5] thus it had been ongoing for 55 years when Bleak House was published.
Some commentators have theorised that the Jarndyce v Jarndyce case was inspired by the dispute over the will of Richard Smith, a West India merchant. When he died in 1776, the estate was tied up, and his daughter-in-law Charlotte Smith was pushed by financial necessity to write for money; she became a much-praised poet. That Chancery case has been reported to have taken 36 years to get through the court,[6] although this may not be correct.[3]
Another theory holds that the case is partly based on that of Wedderburn v Wedderburn, which ran from 1831 until 1857.[7]
Others have cited the case of Thellusson v Woodford as the real-life basis but though it related to the will of a man who died in 1797 the suit was not actually filed until after the book was published.Script error: No such module "Unsubst".
The will of Sir George Downing, who stipulated that his fortune be used to build a new college at Cambridge, resulted in a lawsuit which lasted for more than 40 years, until March 1800.[8]
Cultural references
More than a century after the novel's publication, Jarndyce and Jarndyce continues to be used as an example of the futility and length of civil court cases. For example, Lord Denning, when referring to Midland Bank v Green, said, "The Green saga rivals in time and money the story of Jarndyce v Jarndyce."[9]
In the Ampthill Peerage case,[10] where a disputed claim to a peerage involved reopening issues which had seemingly been settled in a judgment delivered fifty years earlier, Lord Simon of Glaisdale spoke strongly of the need for finality in litigation. He reminded his fellow Law Lords that Jarndyce v Jarndyce, and the pitiful character of Miss Flite, driven mad by the strain of unending litigation, were inspired by real events.
By 2015, the case had been referred to nine times by the U.S. Supreme Court and over 333 times by state and federal courts. It is referred to (indirectly by reference to Bleak House) in the United States Supreme Court case Stern v. Marshall, a protracted lawsuit over an estate.[11]
In the film version of Virginia Woolf's novel Orlando, a court case concerning Orlando's right to his/her estate began during the reign of Queen Anne (1702–1714) is completed during the reign of Queen Elizabeth II (1952–2022). The length of the case is made humorous by the fact that Orlando, a party to the lawsuit, remains alive for its entire duration.
The case is mentioned in David Graeber's 2018 book Bullshit Jobs as a paradigm of long-lasting court disputes which bespeak the self-serving desire of problem-solving professionals (not only lawyers but also independent auditors and financial advisers) to prolong and multiply otherwise solvable problems as a way to preserve their jobs. The 1852 case was remembered in the context of the 2006 payment protection insurance (PPI) scandal in the United Kingdom, for which "banks were found to have been unloading unwanted and often wildly disadvantageous account insurance policies on their clients." According to Graeber, "the result was an entire new industry organized around resolving PPI claims," leading banks to enter into contracts with professionals and firms intent on making sure the problem was never actually solved, because they eyed the "vast sums set aside by the bank to pay compensation for the PPI".[12]
See also
References
Citations
Other sources
- Willful Behavior by Donna Leon, p. 308, Penguin Books, 2010
- Charles Dickens as a Legal Historian by William S. Holdsworth pages 79 to 115, Yale University Press, 1928
- ↑ 15 Graham Storey, Kathleen Tillotson and Angus Easson (editors), The Letters of Charles Dickens, VII. 1993. pages 128–129.
- ↑ a b Dunstan, William. "The Real Jarndyce and Jarndyce." The Dickensian 93.441 (Spring 1997): 27.
- ↑ a b Katz, Leslie, Bleak House in Australian Reasons for Judgment (July 21, 2017). Available at SSRN: https://ssrn.com/abstract=1315862 or https://dx.doi.org/10.2139/ssrn.1315862
- ↑ BBC QI 8 Dec 2012, Series J, Episode 12 – Justice
- ↑ The Guidott / Guidotti family, Acton Place, Summary of William Jennens Template:Webarchive
- ↑ Jacqueline M. Labbe, ed. The Old Manor House by Charlotte Turner Smith, Peterborough, Ont.: Broadview Press, 2002 Template:ISBN, Introduction p. 17, note 3.
- ↑ Script error: No such module "citation/CS1".
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- ↑ Midland Bank v Green [1981] 1 All ER 583 UK Law LLB Template:Webarchive
- ↑ [1977] 1 A.C 547
- ↑ Stern v. Marshall 564 U.S. 462 (2010)
- ↑ Script error: No such module "citation/CS1".