John Parkinson
Academic and reformer of English
company law
Keith
Stanton and Lady Justice Arden
Friday April 9, 2004
The Guardian
Professor John Parkinson, who has
died aged 48 after a short
illness, was one of the leading
academic company lawyers of his
generation, contributing to both
the scholarly analysis and the
practical development of English
company law.
John was educated
at Prescot grammar school,
Merseyside, and Brasenose
College, Oxford, graduating with
first-class honours in 1976. He
then qualified as a solicitor
and, having worked briefly for
the leading City firm of
Freshfields, joined Bristol
University as a law lecturer in
1980.
Although loyal to
his origins in Prescot (he
arranged for the front cover of
the paperback edition of his book
Corporate Power And
Responsibility to carry a
photograph of workers streaming
out of the BICC factory in the
1930s, while the back bore his
own photograph of the same site,
derelict and awaiting
redevelopment 60 years later), he
remained at Bristol for the rest
of his life. He was made
professor in 1995, and
contributed much to the life of
the Bristol law school, his dry
sense of humour making him a
popular lecturer, tutor and
colleague.
First published
in 1994, Corporate Power And
Responsibility was the
centrepiece of John's research
output. It was a work of
significant scholarship, which
drew on both legal and economics
literature. It also had major
practical implications, as it
addressed the issue of the
responsibilities owed by modern
corporations to those who are
interested in and affected by
their activities.
John's thesis was
that company law needed to take
account of the range of
stakeholders, other than
shareholders, who have an
interest in the activities of
modern corporations. This put his
work at the centre of the ongoing
debate on corporate social
responsibility and governance.
The book, described as
"marvellous" by one
reviewer, was central to John's
rapid rise up the academic
hierarchy. In 1994, it won him
the Society of Public Teachers of
Law's book prize for outstanding
legal scholarship by a younger
scholar.
It was typical of
his modesty that he had to be
induced to attend the dinner at
which his award was announced.
The issues in
this book remained central to
John's work over the next decade.
He held an honorary research
fellowship at the Political
Economy Research Centre of
Sheffield University, and worked
as co-editor and contributor with
its multi-disciplinary team that
produced the volume of essays The
Political Economy Of The Company
(2000).
John also
contributed actively to the
practical process of shaping a
modern company law. He served as
a member of the Department of
Trade and Industry's Company Law
Review steering committee, which
reported in 2001, and was a
member of a DTI working group
devising guidance on the concept
of materiality in relation to the
Operating and Financial Review.
He did not marry,
and leaves his mother Joyce and
sister Jean.
Lady Justice
Arden writes: The choice of John
Parkinson as a member of the
steering group for the Company
Law Review was inspired.
Reflective and modest by nature,
he never sought publicity and was
probably not widely known in
government circles at the time of
his appointment. But the theme of
his scholarship was an ideal
qualification for the Company Law
Review, which was intended to be,
and was, a fundamental review
into company law - the first for
nearly 40 years.
It was also a
vehicle for rethinking the
balance of obligations between
the various stakeholders in a
company, and for generally
recommending improvements in
company law. This is a
fast-moving subject, where there
is a constant tension between
regulation, public policy and
entrepreneurialism.
John's forward
thinking and analytical approach
made him a key member of the
review, of which I was also a
member. In the deliberations of
the steering group, he would
often quietly wait until near the
end of the discussion, and then
deliver, in perhaps three or four
sentences, his persuasive
analysis of the problem, with
arms folded and eyes fixed in
concentration on the page in
front of him.
He never had to
make a point by repeating himself
or raising his voice. Those
actions would have been
unnecessary and, in any event,
alien to his quiet personality.
He had an attractive sense of
humour, and he quickly
established a rapport both with
officials in Whitehall and the
rest of the steering group.
The contribution
that John made to company law
reform has yet to be realised in
practice, as the government has
still to implement the
recommendations of the Company
Law Review, though it has stated
its commitment to bringing
forward legislation in time.
John's contribution to company
law is thus not as yet wholly
fulfilled.
His legacy is
immense, and he has left us with
the memory of a person in his
prime, who never lost the power
of incisive and creative thought
in a highly complex field.
· John Edward
Parkinson, academic, born March
19 1955; died February 19 2004
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