Mummery LJ
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Sir John Frank Mummery, DL (born 5 September 1938) is a former
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 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 ...
between 1949 and 1957 and then
Pembroke College, Oxford Pembroke College, a constituent college of the University of Oxford, is located at Pembroke Square, Oxford. The college was founded in 1624 by King James I of England, using in part the endowment of merchant Thomas Tesdale, and was named after ...
.


Legal career

Mummery was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
(
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 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 can ...
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 ...
's ''
Black Mountain Side "Black Mountain Side" is an instrumental by the English rock band Led Zeppelin. It was recorded in October 1968 at Olympic Studios in London, and is included on the group's 1969 debut album ''Led Zeppelin''. Composition and recording "Black Mo ...
'' and its relation to
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 (pro ...
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 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 ...
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 Gr ...
. 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 ...
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 A retention of title clause (also called a reservation of title clause or a ''Romalpa'' clause in some jurisdictions) is a provision in a contract for the sale of goods that the title to the goods remains vested in the seller until the buyer fulfils ...
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 inso ...
buyer, available to satisfy the claims of the general body of
creditor A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...
s". *
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 sa ...
(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 litigatio ...
(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 business ...
(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 [2005IRLR 811 is a UK employment discrimination law case, concerning the right to freedom of religion under Article 9 of the European Convention on Human Rights. Facts Mr Copsey was working in ...
(2005) *A Whiter Shade of Pale#Authorship lawsuit">Fisher v Brooker / Onward Music Limited (2007) - ''
A Whiter Shade of Pale "A Whiter Shade of Pale" is a song by the English rock band Procol Harum that was issued as their debut record on 12 May 1967. The single reached number 1 in the UK Singles Chart on 8 June and stayed there for six weeks. Without much promotion, i ...
'' authorship/royalties. *
Redfearn v Serco Ltd ''Redfearn v Serco Ltd'' [2006EWCA Civ 659and ''Redfearn v United Kingdom'' [2012ECHR 1878is a UK labour law and European Court of Human Rights case. It held that UK law was deficient in not allowing a potential claim based on discrimination for ...
(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 ''Luke v Stoke-on-Trent City Council'' [2007EWCA Civ 761is a UK labour law case, concerning the test for an implied term. Facts Mrs Beryl Luke was a special needs teacher for Stoke. She had a dispute with the headmaster and went off sick from Oc ...
(2007) *Moore Stephens v Stone Rolls Ltd (2009) *Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd (2009) *Gisda Cyf v Barratt (2010) *Link Lending v Bustard (2010)


Honours

In 2017, he was awarded The Canterbury Cross for Services to the Church of England by the Archbishop of Canterbury.


See also

*
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 ...


References

{{DEFAULTSORT:Mummery, John 1938 births Living people Deputy Lieutenants of Kent Chancery Division judges Knights Bachelor Lords Justices of Appeal Members of the Privy Council of the United Kingdom People educated at Dover Grammar School for Boys Alumni of Pembroke College, Oxford