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 (United Kingdom), public school (English Private schools in the United Kingdom, fee-charging boarding school, boarding and day school) for pupils 11–18 situated in the market town of Oundle in Northamptonshire ...

and

St John's College, Cambridge St John's College, formally the College of St John the Evangelist in the University of Cambridge, is a Colleges of the University of Cambridge, constituent college of the University of Cambridge, founded by the House of Tudor, Tudor matriarch L ...

, where he graduated with a

Doctor of Laws A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...

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 Wale ...

in 1955, became a

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

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 c ...

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 of the

Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...

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

knighted A knight is a person granted an honorary title of a 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. The concept of a knighthood ...

. Mustill was a judge of the High Court, Queen's Bench Division from 1978 to 1985 and Presiding Judge, North Eastern Circuit from 1981 to 1984. From 1985 he was Chairman of the Judicial Studies Board 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) Just ...

from 1985 to 1992. On 10 January 1992, he was appointed Lord of Appeal in Ordinary 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. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...

as Baron Mustill, of

Pateley Bridge Pateley Bridge (known locally as Pateley) is a market town in the civil parish of High and Low Bishopside, in Nidderdale, in the county and district of North Yorkshire, England. Historically part of the West Riding of Yorkshire, it lies on the ...

in the County of

North Yorkshire North Yorkshire is a Ceremonial counties of England, ceremonial county in Northern England.The Unitary authorities of England, unitary authority areas of City of York, York and North Yorkshire (district), North Yorkshire are in Yorkshire and t ...

. 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.

Notable judgments

* ''Jaggard v Dickinson'' 981QB 527 * ''Atlantic Lines and Navigation Co Inc v Hallam Ltd, The Lucy'' 9831 Lloyd's Rep. 188 * ''Lombard North Central Plc v Laurence Arthur Butterworth'' 987QB 527 * ''R v Millard and Vernon'' 987Crim LR 393 * '' R v Brown'' 9932 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 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no Michikane gains power and becomes Rege ...

AC 207 * '' R v Secretary of State for the Home Department, ex parte Fire Brigades Union''

2 AC 513 (Dissenting) * '' Ruxley Electronics and Construction Ltd v Forsyth''

996 Year 996 ( CMXCVI) was a leap year starting on Wednesday of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Emperor Kazan. * 2 March: Emperor ...

AC 344 * '' The Nagasaki Spirit'' 9971 Lloyds Rep 323 * ''Attorney General's Reference No.3 (1994)'' 998AC 245 * ''R v Powell''

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 Media Books * 999 (anthology), ''99 ...

1 AC 1

References

Sources

* {{DEFAULTSORT:Mustill, Michael 1931 births 2015 deaths Alumni of St John's College, Cambridge Fellows 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