Michael John Mustill, Baron Mustill, PC, FBA (10 May 1931 – 24 April 2015) was an English barrister and judge. He was a

Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...

from 1992 to 1997.

Life and career

The son of Clement William and Marion Mustill, he was educated at

Oundle School Oundle School is a public school (English independent day and boarding school) for pupils 11–18 situated in the market town of Oundle in Northamptonshire, England. The school has been governed by the Worshipful Company of Grocers of the City ...

and

St John's College, Cambridge St John's College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge founded by the House of Tudor, Tudor matriarch Lady Margaret Beaufort. In constitutional terms, the college is a charitable corpo ...

, where he graduated with a

Doctor of Laws A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL. ...

in 1992. He served in the

Royal Artillery The Royal Regiment of Artillery, commonly referred to as the Royal Artillery (RA) and colloquially known as "The Gunners", is one of two regiments that make up the artillery arm of the British Army. The Royal Regiment of Artillery comprises t ...

from 1949 to 1951, was called to the

Bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...

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 Wale ...

in 1955, became a

Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...

in 1968 and 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 can ...

in 1976. Mustill was Deputy Chairman of the Hampshire Quarter Sessions in 1971. He was made Chairman of the Civil Service Appeal Tribunal in 1971 and

Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a news ...

of the

Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...

in 1972, holding both posts until 1978, when he was

knighted 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 Christian denomination, church or the country, especially in a military capacity. Knighthood ...

. Mustill was a judge of the High Court,

Queen's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...

from 1978 to 1985 and Presiding Judge, North Eastern Circuit from 1981 to 1984. From 1985 he was Chairman of the

Judicial Studies Board The Judicial College, formerly the Judicial Studies Board (JSB), established in 1979, is the organisation responsible for training judges in county, the Crown, and higher courts in England and Wales and tribunals judges in England & Wales, Scotlan ...

until 1989, Chairman of the Departmental Committee on Law of Arbitration until 1990, and

Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice ...

from 1985 to 1992. On 10 January 1992, he was appointed

and in consequence created a

life peer In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. In modern times, life peerages, always created at the rank of baron, are created under the Life Peerages ...

as Baron Mustill, of

Pateley Bridge Pateley Bridge (known locally as Pateley) is a small market town in Nidderdale in the Borough of Harrogate, North Yorkshire, England. Historically part of the West Riding of Yorkshire, it lies on the River Nidd. It is in the Yorkshire Dales an ...

in the County of

North Yorkshire North Yorkshire is the largest ceremonial counties of England, ceremonial county (lieutenancy area) in England, covering an area of . Around 40% of the county is covered by National parks of the United Kingdom, national parks, including most of ...

. In 1997, he retired as Lord of Appeal. Lord Mustill married twice, firstly in 1960 to Beryl Davies, they divorced in 1983; and secondly to Caroline Phillips in 1984, with whom he had two sons and one stepdaughter. He was Honorary President of the

Cambridge University Law Society The Cambridge University Law Society (also known as "CULS" or "LawSoc") is the educational and representative body of undergraduate law students at the University of Cambridge. Founded in 1901, and with an estimated 2,000 active members, it is ...

Notable judgments

* ''

R v Brown is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. They were convicted of a count of unlawful and malicious woundin ...

993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...

2 All ER 75 (Dissenting) * ''

White v Jones is a leading English tort law case concerning professional negligence and the conditions under which a person will be taken to have assumed responsibility for the welfare of another. Facts Two daughters of the deceased Mr Barratt (one of them ...

995 Year 995 ( CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no Michikane gain ...

AC 207 * ''

R v Secretary of State for the Home Department, ex parte Fire Brigades Union was a House of Lords case concerning the awarding of compensation under the Criminal Injuries Compensation Scheme. The case is considered significant in constitutional terms for its ruling on the extent of Ministerial prerogative powers. Fa ...

2 AC 513 (Dissenting) * ''

The Nagasaki Spirit ''The Nagasaki Spirit'' 997 is an English admiralty law case on marine salvage and on the provisions of Article 13 and 14 of the 1989 Salvage Convention. The case identified problems with the drafting of the Convention, a response to which w ...

997 Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Japan * 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...

1 Lloyds Rep 323 * '' Ruxley Electronics and Construction Ltd v Forsyth''

996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...

AC 344

References

Sources

* {{DEFAULTSORT:Mustill, Michael 1931 births 2015 deaths Alumni of St John's College, Cambridge 20th-century English judges English King's Counsel 20th-century King's Counsel Fellows of the British Academy Law lords Members of the Privy Council of the United Kingdom Queen's Bench Division judges Members of Gray's Inn Members of the Judicial Committee of the Privy Council Knights Bachelor People educated at Oundle School Royal Artillery officers Place of birth missing Presidents of the International Law Association

Life and career

Notable judgments

See also

References

Sources