I can’t think in my pantheon of sporting lawyers how I came to omit the great West Indian cricketer Sir Learie Constantine. Mea culpa. He played for the Windies from 1923 until 1939, during which time he also played in Lancashire League cricket.
Wisden described his batting in one match as ‘surpassing Bradman in his amazing stroke play’. During the war he worked for the Ministry of Labour in Liverpool –and in 1943 was asked to play for a Dominions XI against England at Lords. He booked into the Imperial Hotel in Russell Square for four nights.
It is a sign of the times that when he paid a deposit, he also confirmed that there would be no objection on account of race to his staying there. But when he arrived with his wife and daughter, the manageress shamefully told him that because American servicemen would object he could stay only one night. He moved to the nearby Bedford Hotel.
Watched by a crowd of 25,000 on the first day, England won by eight runs; Constantine had a good match, scoring runs and taking catches and wickets.
As for the Imperial, Constantine decided to sue for breach of a common law duty as an inn keeper. Sir Patrick Hastings and Rose Heilbron appeared for him. Norman Birkett was the judge.
The manageress said she feared if Constantine stayed there might be a quarrel and she had no staff to prevent a fight. Birkett thought her choice of words had been ‘grossly insulting’. However, on the authorities he did not agree with Hastings that there should be an award of exemplary damages and gave judgment for Constantine for a mere five guineas.
In 1954, Constantine qualified for the bar and, if I remember correctly, joined the chambers of Sir Dingle Foot. I instructed him once when he took a late return in the Chancery Division. He was clearly much loved. He began by asking for an adjournment as the next day he was due to lead out an MCC team at Lords. The judge, instead of trampling all over him, put the case back until 2pm so he could do just that. After lunch, however, the team would have to field a substitute.
Overall, I think he knew slightly less about the arcane Chancery work than I did, which is saying something. But we won.
James Morton is a writer and former criminal defence solicitor
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