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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