Sir John Frank Mummery, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the
Investigatory Powers Tribunal
In the United Kingdom, the Investigatory Powers Tribunal (IPT) is a judicial body, independent of the British government, which hears complaints about surveillance by public bodies—in fact, "the only Tribunal to whom complaints about the Intel ...
and a member of the
Court of Ecclesiastical Causes Reserved
The Court of Ecclesiastical Causes Reserved is an appellate court within the hierarchy of ecclesiastical courts of the Church of England. Hearing cases involving church doctrine, ceremony, or ritual, the court has jurisdiction over both the Provin ...
in the UK.
Education
Mummery attended
Dover Grammar School for Boys
Dover Grammar School for Boys (DGSB) is a selective secondary school located in Dover, United Kingdom, whose origins can be traced back to the Education Act (the 'Balfour Act') of 1902. Originally founded as the Dover County School for Boys a ...
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...
) in 1964, becoming a
bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher ca ...
in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989).
By the 1970s he was known as a copyright barrister, being consulted on matters such as
Led Zeppelin
Led Zeppelin were an English rock band formed in London in 1968. The group comprised vocalist Robert Plant, guitarist Jimmy Page, bassist/keyboardist John Paul Jones, and drummer John Bonham. With a heavy, guitar-driven sound, they are ci ...
Bert Jansch
Herbert Jansch (3 November 1943 – 5 October 2011) was a Scottish folk musician and founding member of the band Pentangle. He was born in Glasgow and came to prominence in London in the 1960s as an acoustic guitarist and singer-songwriter ...
's version of ''
Down by Blackwaterside
"Down by Blackwaterside" (also known as "Blackwaterside", "Blackwater Side" and "Black Waterside"; see Roud 312, Laws O1 and Roud 564, Laws P18, Henry H811) is a traditional folk song, provenance and author unknown, although it is likely to have o ...
.'' He also represented
Apple Corps
Apple Corps Limited (informally known as Apple) is a multi-armed multimedia corporation founded in London in January 1968 by the members of the Beatles to replace their earlier company (Beatles Ltd.) and to form a conglomerate. Its name (pron ...
in efforts to stop the distribution of recordings of ''
The Beatles in Hamburg
The original lineup of the Beatles, John Lennon, Paul McCartney, George Harrison, Stuart Sutcliffe and Pete Best regularly performed at different clubs in Hamburg, West Germany, during the period from August 1960 to December 1962; a chapter in ...
''.
He was appointed a recorder in 1989 before being appointed a High Court judge on 4 October the same year. He was assigned to the
Chancery Division
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
and received the customary
knighthood
A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the ...
. He was appointed a Lord Justice of Appeal on 1 October 1996. He served as President of the Employment Appeal Tribunal from 1993 to 1996, and was appointed President of the Security Services, Intelligence Services and Investigatory Powers Tribunals in 2000. He reached mandatory retirement on 5 September 2013. He has, since 2003, been Chairman of the Trustees of the Royal Courts of Justice Citizens Advice Bureau.
From 2000 to 2003, he served as Chancellor of the Inns of Court, and was from 1996 to 2001 a governor of the Inns of Court School of Law. He has been a member of the Legal Advisory Commission of the Church of England since 1988 and Chairman of the Clergy Discipline Commission and Clergy Discipline Tribunal since 2004. He is also a judge of the Court of Ecclesiastical Cases Reserved, having served in that role since 2006.
Judgments
Notable cases in which Mummery LJ has been involved include:
*Compaq Computer Ltd v. Abercorn Group Ltd. (1993) B.C.L.C. 602; Mummery stated the broad aim of a retention of title clause or a proceeds of sale clause in a contract, reflecting "the seller's aim ... to prevent the goods and the proceeds of sale of its goods from becoming part of the assets of an
insolvent
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
buyer, available to satisfy the claims of the general body of creditors".
*
Clark v TDG Ltd (t/a Novacold Ltd)
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995.
Facts
Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor s ...
(1999)
*
Re Barings plc (No 5)
''Re Barings plc (No 5)'' 0001 BCLC 523 is a leading UK company law case, concerning directors' duties of care and skill. The case is formally identified and cited as "No 5", though some observers regard it as the sixth in the saga of litigati ...
(1999)
*
O'Neill v Phillips
is a UK company law case on an action for unfair prejudice under s.459 Companies Act 1985 (now s.994 Companies Act 2006). It is the only case thus far in the House of Lords on the provision and it deals with the concept of members of a busines ...
(1999)
*
Hollicourt (Contracts) Ltd v Bank of Ireland
is a UK insolvency law case concerning whether a bank should pay restitution for moneys paid out of its account after a moratorium under the Insolvency Act 1986 section 127.
Facts
Hollicourt was a construction company and it went insolvent in 1 ...
(2000)
*
Peskin v Anderson
''Peskin v Anderson'' 000EWCA Civ 326is a UK company law case concerning Directors' duties in the United Kingdom">directors' duties under English law.
Facts
Former members of the Royal Automobile Club (RAC) sued the directors for failing to di ...
(2001)
*
Copsey v WWB Devon Clays Ltd
''Copsey v WWB Devon Clays Ltd'' 005EWCA Civ 932 Fisher_v_Brooker_/_Onward_Music_Limited_(2007)_-_''A_Whiter_Shade_of_Pale.html" ;"title="A Whiter Shade of Pale#Authorship lawsuit">Fisher v Brooker / Onward Music Limited (2007) - ''A Whiter Shade of Pale">A Whiter Shade of Pale#Authorship lawsuit">Fisher v Brooker / Onward Music Limited (2007) - ''A Whiter Shade of Pale'' authorship/royalties.
*Redfearn v Serco Ltd (2006)
*Collier v P & MJ Wright (Holdings) Ltd [2007] EWCA Civ 1329, [2008] 1 WLR 643 - English contract law concerning the doctrine of Consideration in English law, consideration and promissory estoppel in relation to "alteration promises".
* Luke v Stoke County Council (2007)
*
Moore Stephens v Stone Rolls Ltd
is a leading case relevant for UK company law and the law on fraud and '' ex turpi causa non oritur actio''. The House of Lords decided by a majority of three to two that where the director and sole shareholder of a closely held private company ...
(2009)
*
Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd
''Revenue and Customs Commissioners v Annabel's (Berkeley Square) Ltd'' 009EWCA Civ 361is a UK labour law case regarding the treatment of tips under the National Minimum Wage Act 1998. It led to the abolition of tips being considered part of wag ...
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...