Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British 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 1998 to 2004.

Biography

Early life

The son of Denis and Adele Millett, he was educated at

Harrow School (The Faithful Dispensation of the Gifts of God) , established = (Royal Charter) , closed = , type = Public schoolIndependent schoolBoarding school , religion = Church of E ...

, London, and at

Trinity Hall, Cambridge Trinity Hall (formally The College or Hall of the Holy Trinity in the University of Cambridge) is a constituent college of the University of Cambridge. It is the fifth-oldest surviving college of the university, having been founded in 1350 by ...

, where he received a

Master of Arts A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...

Classics Classics or classical studies is the study of classical antiquity. In the Western world, classics traditionally refers to the study of Classical Greek and Roman literature and their related original languages, Ancient Greek and Latin. Classics ...

and

Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

in 1954, graduating with a

Double First The British undergraduate degree classification system is a grading structure for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied (sometimes with significant variati ...

. From 1955 to 1957 he served as a Flying Officer in the

Royal Air Force The Royal Air Force (RAF) is the United Kingdom's air and space force. It was formed towards the end of the First World War on 1 April 1918, becoming the first independent air force in the world, by regrouping the Royal Flying Corps (RFC) and ...

. He was awarded an honorary fellowship by

Queen Mary, University of London , mottoeng = With united powers , established = 1785 – The London Hospital Medical College1843 – St Bartholomew's Hospital Medical College1882 – Westfield College1887 – East London College/Queen Mary College , type = Public researc ...

in 2012.

Legal career

Millett 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 ...

Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...

in 1955. In 1959, he joined

Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...

, where he was appointed 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 1980. From 1958 to 1986 he practised at the Chancery Bar and was

examiner Examiner or The Examiner may refer to: Occupations * Bank examiner, a kind of auditor * Examiner (Roman Catholicism), a type of office in the Roman Catholic Church * Examinership, a concept in Irish law * Medical examiner * Patent examiner * Tr ...

and lecturer in practical conveyancing at the

Council of Legal Education The Council of Legal Education (CLE) was an English supervisory body established by the four Inns of Court to regulate and improve the legal education of barristers within England and Wales. History The Council was established in 1852 by the Inns ...

from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the Department of Trade and Industry in chancery matters, and between 1971 and 1975 member of the

General Council of the Bar The General Council of the Bar, commonly known as the Bar Council, is the representative body for barristers in England and Wales. Established in 1894, the Bar Council is the 'approved regulator' of barristers, but discharges its regulatory functi ...

. He was a member of the

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

working party on co-ownership of the matrimonial home in 1972 and 1973 and appointed 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 the following year. From 1977 to 1982, Millett was member of the Department of Trade Insolvency Law Review Committee. In 1982 he acted for the Inland Revenue in the leading tax avoidance case, '' Ramsay v IRC''

982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tara ...

AC 300, creating a principle that ended and prevented many tax avoidance schemes.

Judicial career

In 1986, he became a judge of the

High Court of Justice 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 of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...

and was knighted. He was appointed a

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 ...

and a member of the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

in 1994. On 1 October 1998, he was appointed a

, receiving additionally 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 ...

age with the title Baron Millett, of

St Marylebone Marylebone (usually , also , ) is a district in the West End of London, in the City of Westminster. Oxford Street, Europe's busiest shopping street, forms its southern boundary. An ancient parish and latterly a metropolitan borough, it merge ...

in the

City of Westminster The City of Westminster is a City status in the United Kingdom, city and London boroughs, borough in Inner London. It is the site of the United Kingdom's Houses of Parliament and much of the British government. It occupies a large area of cent ...

. He retired as a Lord of Appeal in Ordinary in January 2004. He was a Non-permanent Judge of the

Hong Kong Court of Final Appeal The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of t ...

between 2000 and 2021. In 2015, Millett was awarded the

Gold Bauhinia Star The Gold Bauhinia Star (, GBS) is the highest Bauhinia Star rank in the honours system of Hong Kong, created in 1997 to replace the British honours system of the Order of the British Empire after the transfer of sovereignty to People's Republic of ...

by the

Chief Executive A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...

. He retired from the membership of the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

on 4 May 2017.

Personal life

Millett was married to Ann Mireille Harris from 1959. They had two sons and five grandchildren. From 1991 to 1995, he was President of the

West London Synagogue The West London Synagogue of British Jews, abbreviated WLS ( he, ק"ק שער ציון, ''Kahal Kadosh Sha'ar Tziyon'', "Holy Congregation Gate of Zion"), is a synagogue and congregation, affiliated to Reform Judaism, near Marble Arch in cent ...

. He was an active

Freemason Freemasonry or Masonry refers to fraternal organisations that trace their origins to the local guilds of stonemasons that, from the end of the 13th century, regulated the qualifications of stonemasons and their interaction with authorities ...

, and served for five years as Metropolitan Grand Master of London from the inception of the new Metropolitan Grand Lodge in 2003. In this capacity he supervised more than 1,200 Masonic Lodges in London, and more than 600 associated Chapters of

Royal Arch Masons Royal Arch Masonry (also known as "Capitular Masonry") is the first part of the York Rite system of the Masonic degrees. Royal Arch Masons meet as a ''Chapter'', and the Royal Arch Chapter confers four degrees: ''Mark Master Mason, Past Master, ...

Judgments

Millett was well known for his judgment in the

in the wrongful birth case of '' McFarlane v Tayside Health Board''

999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: T ...

UKHL 50 http://www.bailii.org/uk/cases/UKHL/1999/50.html where a couple were denied recovery of damages for the cost of bringing up an unwanted child, born as a result of a negligently performed

vasectomy Vasectomy, or vasoligation, is an elective surgical procedure for male sterilization or permanent contraception. During the procedure, the male vasa deferentia are cut and tied or sealed so as to prevent sperm from entering into the urethra and ...

. He concluded that "the law must take the birth of a normal, healthy baby to be a blessing, not a detriment." In addition, in a

dissenting opinion A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are no ...

, he concluded that damages could not be awarded for the pain and distress of pregnancy and delivery but rather that a small sum should be awarded to reflect that the parents had "lost the freedom to limit the size of their family" and thus had been "denied an important aspect of their personal autonomy." Millett was also notable for his contribution to the law of

equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...

and

trusts A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settl ...

. He wrote the leading judgment in ''

Foskett v McKeown is a leading case on the English law of trusts, concerning tracing and the availability of proprietary relief following a breach of trust. Facts In breach of trust, Mr Murphy took £20,440 from a company he controlled. Over 200 investors ( ...

'', a landmark case on the English law of

, concerning

tracing Tracing may refer to: Computer graphics * Image tracing, digital image processing to convert raster graphics into vector graphics * Path tracing, a method of rendering images of three-dimensional scenes such that the global illumination is faithf ...

and the availability of proprietary relief following a breach of trust. He also decided ''

Bristol and West Building Society v Mothew ''Bristol and West Building Society v Mothew'' professional_negligence_case,_concerning_a_solicitor's_duty_of_care_and_skill,_and_the_nature_of_fiduciary_duties._The_case_is_globally_cited_for_its_definition_of_a_fiduciary_and_the_circumstances_i ...

'', a leading English fiduciary law and professional negligence case, concerning a solicitor's duty of care and skill, and the nature of fiduciary duties. The case is globally cited for its definition of a fiduciary and the circumstances in which a fiduciary relationship arises.

List of judgments by Lord Millett

* '' Re Charnley Davies Ltd'' 990BCLC 760 * ''

Armitage v Nurse ''Armitage v Nurse'' 997EWCA Civ 1279is the leading decision in English trusts law concerning the validity of exemption clauses. The Court of Appeal of England and Wales, Court of Appeal held that in English law trustee exemption clauses can val ...

'' [1997
EWCA Civ 1279
* ''

998 Year 998 ( CMXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – Otto III retakes Rome and restores power in the papal city. Crescenti ...

Ch 1 * ''

000 Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...

UKHL 29, 0011 AC 102 * ''

Re Brumark Investments Ltd ''Agnew v Commissioners of Inland Revenue'', more commonly referred to as is a decision of the Privy Council relating to New Zealand and UK insolvency law, concerning the taking of a security interest over a company's assets, the proper chara ...

'' 001UKPC 28 * ''

Twinsectra Ltd v Yardley is a leading case in English trusts law. It provides authoritative rulings in the areas of ''Quistclose'' trusts and dishonest assistance. Facts Twinsectra Ltd sued an entrepreneur, Mr Yardley, and two solicitors, Mr Sims and Mr Paul Leach (o ...

002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...

UKHL 12 * ''

Shogun Finance Ltd v Hudson ''Shogun Finance Ltd v Hudson'' 003UKHL 62is an English contract law case decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to e ...

'' 0041 AC 919 * ''Collector of Stamp Revenue v Arrowtown Assets Ltd''

003 003, O03, 0O3, OO3 may refer to: *003, fictional British 00 Agent *003, former emergency telephone number for the Norwegian ambulance service (until 1986) *1990 OO3, the asteroid 6131 Towen * OO3 gauge model railway *''O03 (O2)'' and other related ...

HKCFA 52, 0041 HKLRD 77, (2003) 6 HKCFAR 517, FACV 4/2003 * ''Re Cosslett (Contractors) Ltd''

Ch 495 (CA)

Arms

References

Sources

* {{DEFAULTSORT:Millett, Peter 1932 births 2021 deaths Law lords People educated at Harrow School Alumni of Trinity Hall, Cambridge 20th-century English judges Members of the Privy Council of the United Kingdom Royal Air Force officers Chancery Division judges Members of Lincoln's Inn Members of the Judicial Committee of the Privy Council Justices of the Court of Final Appeal (Hong Kong) Hong Kong judges Recipients of the Gold Bauhinia Star Freemasons of the United Grand Lodge of England Knights Bachelor Jewish British politicians Lords Justices of Appeal 21st-century English judges