Sir Peter Pain

Judge with a social conscience and founding father of employment law

Peter Richard Pain, barrister and judge: born Marlborough, Wiltshire 6 September 1913; called to the Bar, Lincoln's Inn 1936, Bencher 1972; QC 1965; Kt 1975; Chairman, Race Relations Board Conciliation Committee for Greater London 1968-71; Judge of the High Court of Justice, Queen's Bench Division 1975-88; married 1941 Barbara Riggs (died 2002; two sons); died Frimley, Surrey 16 January 2003.

To be appointed a High Court judge at the age of 62 after over 30 years in practice might be considered an achievement in itself. To continue as a High Court judge for another 13 years is remarkable. The last five years of Peter Pain's judicial office were spent as a special judge dealing with interlocutory applications and appeals. He made this particular post his own and was renowned for the courteous, efficient and just way he dealt with all who appeared in front of him.

This is typical of a man whose whole life was devoted to people. He was born in 1913, educated at Westminster School and Christ Church, Oxford. In 1936 he was called to the Bar at Lincoln's Inn. Throughout his life, he was inspired by his belief in the "Brotherhood of Man", the creed of the old Labour Party, and his compassionate dismay over the plight of the underdog.

When the Second World War came, he served as a fireman in London, where he met his lifelong partner, Barbara Riggs. After the war he joined the chambers of Walter Raeburn and some time later he, Morris Finer QC and half a dozen colleagues set up chambers together at 2 Crown Office Row, now Littleton Chambers. When Finer was appointed a High Court judge, Pain succeeded him as head of chambers until his own appointment in 1975.

His social conscience was always directed to those cases now embraced by human-rights lawyers. He took silk in 1965. At the age of 60, when many a successful man would think that perhaps his career could be drawn gracefully to a close, he achieved a new lease of life with the creation of the National Industrial Relations Court, set up in 1972 by the Heath government.

The reports of that court from its inception through to its demise in 1975 testify to Pain's position as the doyen of the labour law Bar. In effect, he was the founding father of what we now know as employment law. The cases were renowned for their political content and Pain's fearlessness in the face of what was quite evidently a hostile court – particularly towards those whom Pain regularly represented, the trade unions – became legendary and an example of how an independent Bar is an essential feature of our legal system.

Pain was also the Chairman of the Race Relations Board Conciliation Committee between 1968 and 1971 and of the South Metropolitan Conciliation Committee between 1971 and 1973. He was a member of the Parole Board between 1978 and 1980 and President of the Holiday Fellowship between 1977 and 1983. He wrote the Manual of Fire Service Law (1951) and The Law Affecting the Motor Trade (with K.C. Johnson-Davies, 1955).

When Pain took over as head of chambers, he brought his own compassion and humanity to the job and his many kindnesses to those of us at the junior end will never be forgotten. He remained a firm friend, counsellor, adviser and above all, mentor for all us, even into our middle age.

In the last conversation I had with him, he said that he had been determined to look after Barbara until she died. This he achieved. His last words to me were "I have no fear of dying and no regrets; I have achieved everything I wanted to".

Michel Kallipetis