Dictionary of National Biography, 1927 supplement/Cozens-Hardy, Herbert Hardy
COZENS-HARDY, HERBERT HARDY, first Baron Cozens-Hardy, of Letheringsett (1888-1920), judge, was born at Letheringsett Hall, Dereham, Norfolk, 22 November 1838, the second son of William Hardy Cozens-Hardy, a Congregationalist solicitor in good practice at Norwich, by his wife, Sarah, daughter of Thomas Theobald, of the same city. Educated at Amersham Hall School and at University College, London, Cozens-Hardy graduated at London University in 1858. He took the degree of LL.B. in 1863, and afterwards became a member of the senate of London University and a fellow of University College, London. In 1862 he was called to the bar at Lincoln’s Inn, after obtaining a studentship and a certificate of honour. He read in the chambers of Thomas Lewin and James Dickinson, both eminent as equity draftsmen. Between 1871 and 1876 he was an examiner for London University in equity and real property law.
Cozens-Hardy soon acquired practice as a Chancery junior, his nonconformist connexions being of considerable service to him. After twenty busy years he took silk in 1882. Attaching himself at first to the court of Mr. Justice Fry, he took his seat before Mr. Justice North when Fry went to the Court of Appeal in 1883. He proved so successful as a leader that in 1893 he joined the small band of ‘specials’ of which (Sir) John Rigby and Horace (afterwards Lord) Davey were also members. In this distinguished company he held his own, and was constantly employed in heavy cases both in the Chancery division and before the appellate tribunals. Of unimpressive appearance, and without the vigour of Rigby or the subtlety of Davey, Cozens-Hardy had industry, knowledge, and lucidity of speech, and judges listened to him with respect. Kindly and courteous to all, his popularity with the practising members of the profession was shown by his election as chairman of the general council of the bar. Amongst the important cases in which he appeared as counsel were Sheffield v. London Joint Stock Bank (1888, the right of a bank to sell securities deposited by a borrower with limited authority), Bradford Corporation v. Pickles (1895, the effect of a malicious motive upon the lawful use of property), Trego v. Hunt (1896, the right of the seller of a business to canvass his old customers), and Attorney-General v. Beech (1899, the liability of a remainder-man who has bought a life interest to pay estate duty).
At the general election of 1885 Cozens-Hardy was elected member of parliament for North Norfolk in the liberal interest, and continued to sit for the constituency till his elevation to the bench in 1899. In the House of Commons, although never a prominent figure, he was a not infrequent speaker. As a rule he confined himself to matters of which he had professional or local knowledge. Such subjects as married women’s property, the winding up of companies, bankruptcy, and the law relating to trustees, he was able to discuss with authority. In 1886, when the liberal party split on the subject of Home Rule for Ireland, Cozens-Hardy remained faithful to Mr. Gladstone.
In 1899 the death of Lord Justice Chitty and the promotion to his place of Sir Robert Romer created a vacancy in the Chancery division. Lord Halsbury, who was not ordinarily predisposed towards political opponents, disregarded Cozens-Hardy’s liberalism, and with the full approval of the profession raised him to the bench. He received the customary knighthood. As a judge Cozens-Hardy showed the industry and care that had marked his work at the bar. His findings of fact were more often criticized than his decisions on points of law. In 1901, on the resignation of Lord Justice Rigby, he became a lord justice of appeal and was sworn of the Privy Council. In March 1907 Cozens-Hardy succeeded Sir Richard Henn Collins (afterwards Lord Collins) as master of the Rolls. In this onerous office he performed his duties with ability and dignity. Appeals under the Workmen’s Compensation Act were numerous, and Cozens-Hardy, although unversed in this branch of the law, dealt with them satisfactorily. His familiarity with equity law and practice made him a strong president of the court when Chancery appeals were being heard. In 1913 he was one of the three commissioners of the great seal during the absence in Canada of the lord chancellor, Lord Haldane, and the following year he was raised to the peerage. For some years he was chairman of the Council of Legal Education; he was also a chairman of quarter-sessions in Norfolk. His health had been failing for many months before his retirement in 1918. He died at Letheringsett Hall 18 June 1920, and was buried at Kensal Green.
Cozens-Hardy married in 1866 Maria (died 1886), daughter of Thomas Hepburn, of Clapham Common, by whom he had two sons and two daughters. He was succeeded as second baron by his eldest son, William Hepburn Cozens-Hardy, K.C., who died in 1924.
A portrait by R. G. Eves is in the possession of the family; there was a caricature in Vanity Fair, 24 January 1901.
[The Times, 19 June 1920; Law Journal, 26 June 1920; personal knowledge.]