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David Patrick Maxwell Fyfe, 1st Earl of Kilmuir GCVO, PC, KC, (29 May 1900 – 27 January 1967) was a British politician and jurist who became Lord Chancellor of Great Britain.

Born in Edinburgh, he was educated at George Watson's College and Balliol College, Oxford, where, owing to his self confessed interest in politics, he achieved only a third-class degree in Greats. After graduation, he went on to work for the British Commonwealth Union as political secretary to Sir Patrick Hannon MP, studying law in his spare time. He entered Gray's Inn and was called to the bar in 1922. He became a pupil of George Lynskey in Liverpool then joined his chambers to practise.^[1]

He became the youngest King's Counsel in 250 years in 1934 and was elected to the House of Commons in the Conservative interest at a by-election in 1935, as Member of Parliament for Liverpool West Derby.^[1]

Though Sir Hartley Shawcross was technically the British prosecutor at Nuremberg, the actual prosecution was done by Maxwell Fyfe. Maxwell Fyfe's cross-examination of Hermann Göring is one of the most noted cross examinations in history.^[1]

Maxwell Fyfe was a member of the Parliamentary Assembly of the Council of Europe from August 1949 to May 1952, becoming the chairman of the COE's legal and administrative council, and rapporteur on the committee drafting the European Convention on Human Rights.

When Winston Churchill returned to power in 1951, David Maxwell Fyfe became Home Secretary. In 1954 he was created Viscount Kilmuir and moved to the House of Lords as Lord Chancellor. He continued in this office in the Governments of Anthony Eden and Harold Macmillan until 1962, when he was abruptly replaced by Sir Reginald Manningham-Buller, the Attorney-General, who was made a Baron while Kilmuir was made Earl of Kilmuir and Baron Fyfe of Dornoch to cushion the blow of retirement,^[1] although it might have cushioned it more effectively had Kilmuir not learned of the changes listening on the radio.^{[citation needed]}

During Maxwell Fyfe's tenure as Home Secretary, he was embroiled in the controversy surrounding the hanging of Derek Bentley.^[1] Maxwell Fyfe had controversially refused to grant a reprieve to Bentley despite the written petitions of 200 MP's and the fact that Bentley was mentally retarded having only a mental age of 11.^[2] The decision had resulted in significant public outcry and strengthened the movement for the abolition of capital punishment.^{[citation needed]}

He married Sylvia Harrison (1904-1992) in 1925 and they had two daughters. His brother-in-law was the actor Sir Rex Harrison.^[1]

When he died in 1967, his titles, which could only pass to sons, became extinct, as he had only daughters.

Maxwell Fyfe was on the traditionalist right of the party, particularly noted for his strong support for the retention of the death penalty. He was an effective media performer, often representing the Conservative Party on radio discussion programmes.^[1] In the valleys of South Wales he was nicknamed Dai Bananas.^{[citation needed]}

• David Maxwell Fyfe, Esq. (—1934)
• David Maxwell Fyfe, Esq., KC (1934–1935)
• David Maxwell Fyfe, Esq., KC, MP (1935–1942)
• Sir David Maxwell Fyfe, KC, MP (1942–1945)
• The Rt Hon. Sir David Maxwell Fyfe, KC, MP (1945–1952)
• The Rt Hon. Sir David Maxwell Fyfe, QC, MP (1952–1953)
• The Rt Hon. Sir David Maxwell Fyfe, GCVO, QC, MP (1953–1954)
• The Rt Hon. The Viscount Kilmuir, GCVO, PC (1954–1962)
• The Rt Hon. The Earl of Kilmuir, GCVO, PC (1962—1967)

• Obituaries:
  • The Times, 28 Jan 1967
  • The Guardian, 28 Jan 1967

• Alderman, K. (1992). "Harold Macmillan's 'Night of the long knives'". Contemporary Record. 
• Heuston, R. F. V. (1987). Lives of the Lord Chancellors, 1940–1970. 
• Dutton, D. J. (2004)"Fyfe, David Patrick Maxwell, earl of Kilmuir (1900–1967)", Oxford Dictionary of National Biography, Oxford University Press, accessed 4 Aug 2007 (subscription required)
• Lord Kilmuir (1964) Political Adventure
• Tusa, A. & Tusa, J. (1983) The Nuremberg Trial