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 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, 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 ...
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,
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 1955, became a
Queen's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
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 ca ...
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 in 1972, holding both posts until 1978, when he was
knighted.
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 from 1985 to 1992. On 10 January 1992, he was appointed
Lord of Appeal in Ordinary and in consequence created a
life peer 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
* ''
''
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 ...
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''
996AC 344
See also
*
Operation Spanner
Operation Spanner was a police investigation into same-sex male sadomasochism across the United Kingdom in the late 1980s. The investigation, led by the Obscene Publications Squad of the Metropolitan Police, began in 1987 and ran for three year ...
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