A tale of a quiet revolutionary

Not many lawyers can claim to have almost invented an entirely new area of law, yet arguably Gordon Ashton did just that. Perhaps he was just in the ‘right place at the right time’, as he puts it, but Ashton did an enormous amount to promote interest in and study of the law relating to people with disabilities. The profession and public owe him a great debt.

His biography is an account of his working life from his early days at school, training to become a solicitor, his career as a country practitioner which led to a part-time then full-time judicial life while he flourished as a trainee, author and educator. It is a very personal and moving account, especially when describing his advocacy on behalf of his disabled son, who sadly passed away at an early age. Now, in retirement, he cares for his wife of 50 years who has Parkinson’s disease. All the profits from this self-published book go to Parkinson’s UK.

Ashton has achieved much in his career as a district judge and as the first judge to sit in the former Court of Protection (CoP), and was awarded an OBE in 2010. He was closely involved in the implementation of the Mental Capacity Act 2005 and was one of the first nominated judges of the present CoP. He co-wrote the CoP’s Practice Book, which has been published every year since 2007, and is the author of and contributor to many books, including Mental Handicap and the Law, the Law Society’s Elderly Client Handbook, Elderly People and the Law and Mental Capacity: the New Law.

This memoir is an excellent read for anyone interested in how our profession has changed over the years. After telling how his career moved into the judiciary, Ashton describes his role and the many different types of cases he was involved in. He also makes some interesting comments about the clamour for rights in our society, asking whether it has gone too far and is at the expense of duties.

Ashton also includes cartoons by fellow district judge the late Jeff Bower, and ends this work with useful appendices on the law and legal writing.

There have been many changes in the law and our profession including the decline in the number of high street lawyers engaged in general practice, a reduction in cases where legal aid is available, legal advice deserts, and the changes to courts. We now live in the age of the specialist and this book is a testament to excellence and the importance of serving the public. It is also a powerful argument for more solicitors in the judiciary.

After reading this book I’m left with the impression of Ashton being a modest but highly effective campaigner. There is no doubt that the field of social care and capacity will continue to develop at an increasing pace, and this book is a great encouragement to the profession to continue to be involved in these areas.

David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury