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Sir Michael Ogden

Colourful barrister and former Chairman of the Criminal Injuries Compensation Board

Tuesday 25 February 2003 01:00 GMT
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Edward Michael Ogden, barrister and judge: born London 9 April 1926; called to the Bar, Lincoln's Inn 1950, Bencher 1977, Treasurer 1998; Deputy Recorder, Southend-on-Sea 1964-71; QC 1968; a Recorder 1971-97; Leader, South East Circuit 1975-78; a Deputy High Court Judge 1977-96; member, Bar Council 1960-64, 1966-70, 1971-78, Treasurer 1972-74; Chairman, Criminal Injuries Compensation Board 1975-89; Kt 1989; married 1951 Joan Brodrick (died 2002; two sons, two daughters); died London 31 January 2003.

Michael Ogden was a barrister in a class of his own. His practice was so wide as to be inconceivable by a profession that has become so specialised. He was equally comfortable and effective in civil and criminal cases.

His civil practice predominated and included personal injuries (appearing for both plaintiffs and defendants – almost unheard of by today's practitioners), public inquiries, defamation, planning, commercial, construction and Chancery matters. Whatever the forum he adapted his style of advocacy, employed his outstanding abilities and achieved a success rate second to none among his contemporaries. His many high-profile clients included Robert Maxwell in the Leasco/Pergamon affair, and Bernie Cornfeld in his libel action against the Sunday Times.

Ogden was Chairman of the Criminal Injuries Compensation Board from 1975 to 1989. When he became a member of the organisation in 1968, he recognised the injustice of the compensation system based on conventional interest rates. He lobbied at the highest levels within the Civil Service, the judiciary and the Government for over 10 years, during that time chairing a working party to explore the subject. The Lord Chancellor was eventually won over, legislation followed and the "Ogden Tables" were recognised as the appropriate actuarial basis for the calculation of loss of future earning capacity.

This achievement will rank as a lasting testimony of Ogden's ability to identify injustice and to obtain redress in the face of formidable official obstinacy or indifference. He was pleased to be elected an Honorary Fellow of the Institute of Actuaries and of the US National Association of Crime Victim Compensation Boards. In recognition of his contribution to the organisation and development of the CICB and the assessment of compensation for persons wrongly convicted, he was deservedly knighted in 1989.

Michael Ogden was born in Knightsbridge, London, in 1926. His father was a man of independent means. The family moved to Hove when Michael was three. He was educated at Downside and served from 1944 to 1947 with the Royal Gloucester Hussars and the 16th/5th Lancers, with whom he skied in the Army Championships in Austria. After military service he read Law at Jesus College, Cambridge, and was called to the Bar by Lincoln's Inn in 1950.

His outstanding skill as a barrister was that of cross-examination. The hallmarks were meticulous preparation, incisive questions in a logical sequence and usually asked with quiet courtesy. If he suspected that the witness was being less than truthful or that the contemporaneous documents could undermine his testimony he did not hold back so that the witness would inevitably be exposed for what he was. Expert witnesses were often grist to his mill.

His reputation spread to the Far East, and in particular, Hong Kong. He enjoyed a sustained period when his level of remuneration there outstripped what even he could earn in London. His notable appearances included the defence of the businessman George Tan, who was indicted for serious fraud. Ogden's masterly strategy and ingenious tactics eventually caused the prosecution in effect to throw in their hand. He was invited to prosecute the highly sensitive Mongkong conspiracy case where 35 police officers were accused of corruption. Due to his expert handling of a difficult brief he was able to achieve some convictions against the odds. His wise counsel not to pursue others prevailed. There was a price to be paid. He was so in demand that he was obliged to spend long periods in the Crown Colony.

At one time he took a serious interest in politics. He was an early member of the Bow Group, where he acquired a reputation for forward (perhaps radical) thinking. He was selected as Conservative candidate in the safe Labour seat of Walthamstow West in 1964 and later for Epping, but did not win at either election. If his interest had been sustained he would inevitably have acquired a safe seat, become an industrious and effective Member and deployed his many talents. He would have made an excellent law officer. At a critical period he was wise enough to realise the difficulties and hazards of pursuing two careers. He undoubtedly made the correct decision to adhere to his first profession. He took silk in 1968.

His other achievements included Leader of the South Eastern Circuit, Treasurer of the Bar Council, and, in 1998, he finally realised his ambition to become Treasurer of Lincoln's Inn. He was also a member of the Council of Legal Education, the International Bar Association and the Union Internationale des Avocats.

Ogden had an infectious joie de vivre, and was a witty and amusing raconteur. He loved good cuisine, fine wines and the company of attractive women, whether in his home or at the Garrick. For me, his most endearing qualities were his loyalty and kindness. His advice was often discreetly sought on many diverse professional and personal matters. It was always forthcoming, thoughtful and invariably sound.

The secret of Michael Ogden's unique personality and professional success was undoubtedly his marriage to Joan. They were devoted to each other. She was his mainstay, providing the steadiness, security, tolerance and serene companionship which he needed and from which he could pursue his colourful professional life and still enjoy family life with his four children. In their last years each suffered from chronic ill-health. Each would have grieved for the other. Michael died five weeks after Joan.

Philip Otton

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