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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