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

Millett was born in

Hampstead Hampstead () is an area in London, England, which lies northwest of Charing Cross, located mainly in the London Borough of Camden, with a small part in the London Borough of Barnet. It borders Highgate and Golders Green to the north, Belsiz ...

, London, on 23 June 1932, to Isaac Moses "Denis" Millett and Adele Yetta Weinberg, both Jews of Polish descent. The Millett family (also spelt Millet) emigrated from

Dąbrowa Tarnowska Dąbrowa Tarnowska () is a town in Poland, in Lesser Poland Voivodeship, about north of Tarnów. It is the capital of Dąbrowa County. Before reorganization (in 1999) Dąbrowa Tarnowska was part of Tarnów Voivodeship (1975–1998). As of Decem ...

and set up several businesses. His father was prominent in

Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...

politics in

Leicestershire Leicestershire ( ) is a Ceremonial counties of England, ceremonial county in the East Midlands of England. It is bordered by Derbyshire, Nottinghamshire and Lincolnshire to the north, Rutland to the east, Northamptonshire to the south-east, Warw ...

, and with his cousin Michael founded Millets Stores in 1928 in Leicester. His mother was a junior tennis champion from

Ormskirk Ormskirk is a market town in the West Lancashire district of Lancashire, England. It is located north of Liverpool, northwest of St Helens, Merseyside, St Helens, southeast of Southport and southwest of Preston, Lancashire, Preston. Ormski ...

, Lancashire. Millett was educated at

Harrow School Harrow School () is a Public school (United Kingdom), public school (English boarding school for boys) in Harrow on the Hill, Greater London, England. The school was founded in 1572 by John Lyon (school founder), John Lyon, a local landowner an ...

, London, and at

Trinity Hall, Cambridge Trinity Hall (formally The College or Hall of the Holy Trinity in the University of Cambridge, colloquially "Tit Hall" ) is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1350, it is th ...

, where he received a

Master of Arts A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) 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. Those admitted to the degree have ...

Classics Classics, also classical studies or Ancient Greek and Roman studies, is the study of classical antiquity. In the Western world, ''classics'' traditionally refers to the study of Ancient Greek literature, Ancient Greek and Roman literature and ...

and Law in 1954, graduating with a

Double First The British undergraduate degree classification system is a Grading in education, grading structure used for undergraduate degrees or bachelor's degrees and Master's degree#Integrated Masters Degree, integrated master's degrees in the United Kingd ...

. From 1955 to 1957 he served as a

Flying Officer Flying officer (Fg Offr or F/O) is a junior officer rank used by some air forces, with origins from the Royal Air Force. The rank is used by air forces of many countries that have historical British influence. Flying officer is immediately ...

in the

Royal Air Force The Royal Air Force (RAF) is the Air force, air and space force of the United Kingdom, British Overseas Territories and Crown Dependencies. It was formed towards the end of the World War I, First World War on 1 April 1918, on the merger of t ...

. He was awarded an honorary fellowship by

Queen Mary, University of London Queen Mary University of London (QMUL, or informally QM, and formerly Queen Mary and Westfield College) is a public research university in Mile End, East London, England. It is a member institution of the federal University of London. Today, ...

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 * Protein bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a laye ...

Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...

in 1955. In 1959, he joined

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

, 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 c ...

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 * ...

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 o ...

from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the

Department of Trade and Industry Department of Trade and Industry may refer to: Current * Department of Trade and Industry (Isle of Man) * Department of Trade and Industry (Philippines) * Department of Trade, Industry and Competition (South Africa) Former * Department of Trade ...

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 delegates 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 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 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 The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation ta ...

in the leading tax avoidance case, ''

Ramsay v IRC "Ramsay principle" is the shorthand name given to the decision of the House of Lords in two important cases in the field of UK tax, reported in 1982: * ''Ramsay v. IRC'', the full name of which is ''W. T. Ramsay Ltd. v. Inland Revenue Commissio ...

'', 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 (England and Wales), Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cour ...

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) Just ...

and a member of the Privy Council 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. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the D ...

age with the title Baron Millett, of

St Marylebone Marylebone (usually , also ) is an area in London, England, and is located in the City of Westminster. It is in Central London and part of the West End. Oxford Street forms its southern boundary. An ancient parish and latterly a metropoli ...

in the

City of Westminster The City of Westminster is a London borough with City status in the United Kingdom, city status in Greater London, England. It is the site of the United Kingdom's Houses of Parliament and much of the British government. It contains a large par ...

. 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) 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 the Priv ...

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

Gold Bauhinia Star The Gold Bauhinia Star (, GBS) is the highest rank in Order of the Bauhinia Star, under the Order (distinction), honours system of Hong Kong, created in 1997 to replace the British honours system after the Handover of Hong Kong, transfer of sovere ...

by the

Chief Executive A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...

of Hong Kong. He retired from the membership of the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

on 4 May 2017.

Personal life

Millett was married to Ann Mireille Harris from 1959. They had three sons, one of whom died in infancy. From 1991 to 1995, he was President of the

West London Synagogue The West London Synagogue, abbreviated WLS, and fully the West London Synagogue of British Jews () is a Reform Judaism, Reform Judaism, Jewish congregation and synagogue, located near Marble Arch, at 34 Upper Berkeley Street, in the City of Wes ...

. He was an active

Freemason Freemasonry (sometimes spelled Free-Masonry) consists of fraternal groups that trace their origins to the medieval guilds of stonemasons. Freemasonry is the oldest secular fraternity in the world and among the oldest still-existing organizati ...

, 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 A Masonic lodge (also called Freemasons' lodge, or private lodge or constituent lodge) is the basic organisational unit of Freemasonry. It is also a commonly used term for a building where Freemasons meet and hold their meetings. Every new l ...

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 American York Rite system of Masonic degrees. Royal Arch Masons meet as a ''Chapter'', and the Royal Arch Chapter confers four degrees: ''Mark Master Mason, Past Mas ...

. Millett died from

hereditary transthyretin amyloidosis Familial amyloid polyneuropathy, also called hereditary transthyretin amyloidosis (hATTR), or Corino de Andrade's disease, is an autosomal dominant neurodegenerative disease. It is a form of amyloidosis, and was first identified and described by Po ...

at his home in

Westminster Westminster is the main settlement of the City of Westminster in Central London, Central London, England. It extends from the River Thames to Oxford Street and has many famous landmarks, including the Palace of Westminster, Buckingham Palace, ...

, London, on 27 May 2021.

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

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 is an elective surgical procedure that results in male sterilization, often as a means of permanent contraception. During the procedure, the male vasa deferentia are cut and tied or sealed so as to prevent sperm from entering into ...

. 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 Legal opinion, 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 opi ...

, 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 and

trusts A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is k ...

. 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 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 In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rel ...

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''

990 Year 990 ( CMXC) was a common year starting on Wednesday of the Julian calendar. Events By place Europe * Al-Mansur, Chancellor and effective ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (modern Portugal), expanding t ...

BCLC 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 va ...

'' [1997
EWCA Civ 1279
* ''

998 Year 998 ( CMXCVIII) was a common year starting on Saturday of the Julian calendar. Events By place Europe * Spring – Otto III retakes Rome and restores power in the papal city. Crescentius II (the Younger) and his followers ...

Ch 1 * ''

000 Triple zero, Zero Zero Zero, 0-0-0 or variants may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * 000, the size of several small List of screw drives, screw drives * 0-0-0, a Droid (Star Wars)#0-0-0, dro ...

UKHL 29,

001 001, O01, or OO1 may refer to: Arts and entertainment *001, fictional British agent, see 00 Agent *''001'', also known as the ''Princess of Klaxosaurs'', is a character and the central antagonist from ''DARLING in the FRANXX'' *Player number of b ...

1 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 ...

UKPC 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: Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 OO2, the minor planet 7499 L'Aquila *1990 OO2, the asteroid 9175 Graun Fiction *002, fictional British 00 Agent *''002 Operazione Luna'' ...

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 (contract law), rescission of a contract. The case has been the subject of mu ...

004 004, 0O4, O04, OO4 may refer to: * 004, fictional British 00 Agent * 0O4, Corning Municipal Airport (California) * O04, the Oversea-Chinese Banking Corporation * Abdul Haq Wasiq, Guantanamo detainee 004 * Junkers Jumo 004 turbojet engine * La ...

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

003 003, O03, 0O3, OO3 may refer to: * 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 blood type alleles in the AB ...

HKCFA 52,

1 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) Recipients of the Gold Bauhinia Star Freemasons of the United Grand Lodge of England Knights Bachelor British Jews Lord justices of appeal 21st-century English judges Peers retired under the House of Lords Reform Act 2014 British people of Polish-Jewish descent Deaths from amyloidosis 20th-century English lawyers