Terrell v Secretary of State for the Colonies: 1953

A judge of the Supreme Court of Malaya had been appointed in 1930 on the understanding that the retiring age should be sixty-two. When Malaya was overrun by the Japanese in 1942 he was retired on a pension, some time before he had reached sixty-two, on the footing that his office had been abolished. He claimed that he was protected by the Act of Settlement or alternatively by a contract that the Crown should employ him until the retiring age.
Held: A statutory office holder such as a judge is not employed under a contract. Unlike the judges of the Superior courts in England, the judges in the colonies did not enjoy the security of tenure as guaranteed under the 1700 Act and they held office at the pleasure of the Crown.
Lord Goddard CJ
[1953] 2 QB 482, [1953] 2 All ER 490, [1953] 3 WLR 331
Act of Settlement 1700
England and Wales
Cited by:
CitedO’Brien v Department for Constitutional Affairs CA 19-Dec-2008
The claimant was a part time recorder. He claimed to be entitled to a judicial pension.
Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to . .
CitedRidge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .

Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.279054