Sir John Mummery
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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 and a member of the Court of Ecclesiastical Causes Reserved in the UK.


Education

Mummery attended Dover Grammar School for Boys 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) in 1964, becoming a bencher 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'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'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 in efforts to stop the distribution of recordings of '' The Beatles in Hamburg''. 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 and received the customary knighthood. 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 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) (1999) * Re Barings plc (No 5) (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'' 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 The Lambeth Awards are awarded by the Archbishop of Canterbury. In addition to the Lambeth degrees, there are a number of non-academic awards. Before 2016, these awards consisted of the Lambeth Cross, the Canterbury Cross, and the Cross of St Augus ...
by the Archbishop of Canterbury.


See also

* UK labour law


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