Peter Millett, Baron Millett
Encyclopedia
Peter Julian Millett, Baron Millett, PC
, QC
is a British
former judge and barrister.
The son of Denis and Adele Millett was educated at Harrow School
, London
and Trinity Hall, Cambridge
, where he received a Master of Arts
in classics and law in 1954. From 1955 to 1957, he served as Flying Officer
in Royal Air Force
.
Millett was called to the Bar
at Middle Temple
in 1955. In 1959, he came to Lincoln's Inn
, where he was appointed a Bencher
in 1980. From 1958 to 1986 he practised at the Chancery Bar and was examiner
and lecturer in practical conveyancing at the Council of Legal Education
from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the Department of Trade and Industry in chancery matters, and between 1971 and 1975 member of the General Council of the Bar
.
He was a member of the Law Commission
working party on co-ownership of the matrimonial home in 1972 and 1973 and appointed a Queen's Counsel
in the following year. From 1977 to 1982, Millett was member of the Department of Trade Insolvency Law Review Committee, and became a judge of the High Court of Justice
in 1986, a post he held until 1994. He was a Lord Justice of Appeal
between 1994 and 1998 and has been a non-permanent judge of the Court of Final Appeal, Hong Kong
since 2000.
Millett was knighted in 1986 and became a member of the Privy Council
in 1994. From 1991 to 1995, he was President of the West London Synagogue
. On 1 October 1998, he was appointed as Lord of Appeal in Ordinary
, receiving additionally a life peer
age with the title Baron Millett, of St Marylebone in the City of Westminster
. He retired as a Lord of Appeal in Ordinary in January 2004.
Millett is well known for his judgment in the House of Lords in the wrongful birth
case of McFarlane v Tayside Health Board 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
. 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
, 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 has been married to Ann Mireille Harris since 1959. They have two sons, Richard and Andrew, and five grandchildren, Edward, Alexia, Eliza, James and Isabella
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
is a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
former judge and barrister.
The son of Denis and Adele Millett was educated at Harrow School
Harrow School
Harrow School, commonly known simply as "Harrow", is an English independent school for boys situated in the town of Harrow, in north-west London.. The school is of worldwide renown. There is some evidence that there has been a school on the site since 1243 but the Harrow School we know today was...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and Trinity Hall, Cambridge
Trinity Hall, Cambridge
Trinity Hall is a constituent college of the University of Cambridge, England. It is the fifth-oldest college of the university, having been founded in 1350 by William Bateman, Bishop of Norwich.- Foundation :...
, where he received a Master of Arts
Master of Arts (Oxbridge)
In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
in classics and law in 1954. From 1955 to 1957, he served as Flying Officer
Flying Officer
Flying officer is a junior commissioned rank in the Royal Air Force and the air forces of many countries which have historical British influence...
in Royal Air Force
Royal Air Force
The Royal Air Force is the aerial warfare service branch of the British Armed Forces. Formed on 1 April 1918, it is the oldest independent air force in the world...
.
Millett was called to the Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
at Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1955. In 1959, he came to Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
, where he was appointed a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
in 1980. From 1958 to 1986 he practised at the Chancery Bar and was examiner
Examiner
The Examiner was a weekly paper founded by Leigh and John Hunt in 1808. For the first fifty years it was a leading intellectual journal expounding radical principles, but from 1865 it repeatedly changed hands and political allegiance, resulting in a rapid decline in readership and loss of...
and lecturer in practical conveyancing at the Council of Legal Education
Council of Legal Education
The Council of Legal Education 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:...
from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the Department of Trade and Industry in chancery matters, and between 1971 and 1975 member of the General Council of the Bar
General Council of the Bar
The General Council of the Bar, commonly known as the Bar Council, is the professional association for Barristers in England and Wales. Established in 1894, it acts as a disciplinary body and a regulatory body through the Bar Standards Board...
.
He was a member of the Law Commission
Law Commission
A Law Commission or Law Reform 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 changes or restructuring...
working party on co-ownership of the matrimonial home in 1972 and 1973 and appointed a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in the following year. From 1977 to 1982, Millett was member of the Department of Trade Insolvency Law Review Committee, and became a judge of the High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in 1986, a post he held until 1994. He was a Lord Justice of Appeal
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
between 1994 and 1998 and has been a non-permanent judge of the Court of Final Appeal, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
since 2000.
Millett was knighted in 1986 and became a member of the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
in 1994. From 1991 to 1995, he was President of the West London Synagogue
West London Synagogue
The West London Synagogue of British Jews was established on 15 April 1840. It is one of the oldest synagogues in the United Kingdom and the oldest Reform synagogue in the UK.-History:...
. On 1 October 1998, he was appointed as Lord of Appeal in Ordinary
Lord of Appeal in Ordinary
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876 to the House of Lords of the United Kingdom in order to exercise its judicial functions, which included acting as the highest court of appeal for most domestic matters...
, receiving additionally a life peer
Life peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
age with the title Baron Millett, of St Marylebone in the City of Westminster
City of Westminster
The City of Westminster is a London borough occupying much of the central area of London, England, including most of the West End. It is located to the west of and adjoining the ancient City of London, directly to the east of the Royal Borough of Kensington and Chelsea, and its southern boundary...
. He retired as a Lord of Appeal in Ordinary in January 2004.
Millett is well known for his judgment in the House of Lords in the wrongful birth
Wrongful birth
Wrongful birth is a legal cause of action in some common law countries in which the parents of a congenitally diseased child claim that their doctor failed to properly warn of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities...
case of McFarlane v Tayside Health Board 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
Vasectomy is a surgical procedure for male sterilization and/or permanent birth control. During the procedure, the vasa deferentia of a man are severed, and then tied/sealed in a manner such to prevent sperm from entering into the seminal stream...
. 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
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
, 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 has been married to Ann Mireille Harris since 1959. They have two sons, Richard and Andrew, and five grandchildren, Edward, Alexia, Eliza, James and Isabella
Decided cases
- Re Charnley Davies Ltd (No 2) [1990] BCLC 760
- Armitage v Nurse [1997] EWCA Civ 1279
- Re Brumark Investments LtdRe Brumark Investments LtdRe Brumark Investments Ltd [2001] is a New Zealand and UK insolvency law case, concerning the taking of a security interest over a company's assets and priority of creditors in a company winding up.-Facts:...
[2001] UKPC 28 - Twinsectra Ltd v YardleyTwinsectra Ltd v YardleyTwinsectra Ltd v Yardley [2002] is a leading case in English trusts law. It provides authoritative rulings in the areas of Quistclose trust and dishonest assistance.-Facts:...
[2002] UKHL 12