His Honour Brian Appleby QC

1968 was an extraordinary year. Martin Luther King was assassinated, students rioted all over the world (especially in Paris), the Prague Spring, Robert Kennedy was assassinated, Nixon won the White House, North Korea seized the USS Pueblo and her crew, the Tet offensive in the Vietnam war, black fist salutes at the Olympics and so much more.

His Honour Brian Appleby QC
His Honour Judge Brian Appleby QC

What I remember far more vividly is that I started pupillage at 24 The Ropewalk in Nottingham and met some extraordinary people. Brian Appleby was one of them. He, as only Brian would or could, had two pupils who started on the same day. They were the two Dicks – Maxwell and Benson – who became the firmest of friends and Brian’ greatest fans. They were both immensely successful in their own careers and both would readily acknowledge the debt they owed to Brian as their pupil master.

My abiding memory is of the delight the two Dicks would take in recounting to the other pupils – me and John Warren –  Brian’s latest contretemps with other counsel, the outside world or on one occasion a traffic warden. They seemed to me to spend much of their pupillages being driven around by Brian in his gold Bentley. My favourite disaster story was when Brian discovered – to his obvious surprise, fury and embarrassment – that he was on both sides in a civil claim. One pupil had settled the pleadings for the plaintiff and the other had settled them for the defendants. Brian had signed them both!

My first memory of meeting Brian was when he came in to my pupil master Tom Heald’s room to announce proudly that Rosa was expecting their second child. His delight was obvious. He was a devoted husband to Rosa and later Linda who both predeceased him and also a devoted father to Jane and Jonathan.

It was after Brian took silk in 1971 that I came to know him better as he led me on numerous occasions. He was quite simply a brilliant advocate. A master of all the skills whether making speeches, examining witnesses or reading the court atmosphere to best advantage for his client. I have always maintained that he was the best re-examiner I ever met. Normal mortals are best advised never to try it as there lurks disaster. In this regard Brian was not a normal mortal.

 I have so many fond memories of being led by him whether he was tugging at heartstrings, using humour to lighten an atmosphere or getting people to laugh at and with him as he beguiled them to his side of the argument.

Later as a Judge Brian could be somewhat whimsical, if not outright difficult, but I always felt his natural role was as an advocate. Being with him in that role was never dull, sometimes nerve-wracking, but always a rollercoaster of excitement.

I remember him with affection and immense gratitude for all I learnt from him.