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) Just ...
and was 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 on Pembroke Square, Oxford. The college was founded in 1624 by King James I of England and VI of Scotland, using in part the endowment of merchant Thomas Tesdale ...
.


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 c ...
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 music, rock band formed in London in 1968. The band comprised vocalist Robert Plant, guitarist Jimmy Page, bassist-keyboardist John Paul Jones (musician), John Paul Jones and drummer John Bonham. With a he ...
's '' Black Mountain Side'' and its relation to Bert Jansch's version of '' Down by Blackwaterside.'' He also represented
Apple Corps Apple Corps Limited is a British multimedia company that was established in London by the members of the Beatles in the 1960s to form a Conglomerate (company), conglomerate. The company's name, pronounced "apple core", is a pun. Its chief div ...
in efforts to stop the distribution of recordings of '' The Beatles in Hamburg''. He was appointed a recorder 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. 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) Just ...
on 1 October 1996. He served as President of the
Employment Appeal Tribunal The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions ...
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 was, from 2003, Chairman of the Trustees of the Royal Courts of Justice
Citizens Advice Bureau Citizens AdviceCitizens Advice is the operating name of The National Association of Citizens Advice Bureaux, which is the umbrella charity for a wider network of local advice centres. The abbreviation CitA is sometimes used to refer to this natio ...
. From 2000 to 2003, he served as Chancellor of the
Inns of Court The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court: Gray's Inn, Lincoln's Inn, Inner Temple, and Middle Temple. All barristers must belong to one of them. They have s ...
, 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 The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
since 1988 and Chairman of the Clergy Discipline Commission and Clergy Discipline Tribunal since 2004. He was a judge of the Court of Ecclesiastical Cases Reserved from 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 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 in ...
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 propert ...
s". * Clark v TDG Ltd (t/a Novacold Ltd) (1999) * Re Barings plc (No 5) (1999) * O'Neill v Phillips (1999) * Hollicourt (Contracts) Ltd v Bank of Ireland (2000) * Peskin v Anderson (2001) * Copsey v WWB Devon Clays Ltd (2005) * Fisher v Brooker / Onward Music Limited (2007) - '' A Whiter Shade of Pale'' authorship/royalties. * Redfearn v Serco Ltd (2006) * Collier v P & MJ Wright (Holdings) Ltd
007 The ''James Bond'' franchise focuses on James Bond (literary character), the titular character, a fictional Secret Intelligence Service, British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels ...
EWCA Civ 1329,
008 008, OO8, O08, or 0O8 may refer to: * "008", a fictional 00 Agent In Ian Fleming's James Bond novels and the derived films, the 00 Section of MI6 is considered the secret service's elite. A 00 (pronounced "Double O") is a field agent who ho ...
1 WLR 643 -
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
concerning the doctrine of
consideration Consideration is a concept of English law, English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. It is commonly referred to a ...
and
promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...
in relation to "alteration promises". * Luke v Stoke County Council (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 The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the Primus inter pares, ceremonial head of the worldwide Anglican Communion and the bishop of the diocese of Canterbury. The first archbishop ...
.


See also

*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. ...


References

{{DEFAULTSORT:Mummery, John 1938 births Living people Deputy lieutenants of Kent Chancery Division judges Knights Bachelor Lord 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