Top Qs
Timeline
Chat
Perspective
Justice of the Supreme Court of the United Kingdom
British government official From Wikipedia, the free encyclopedia
Remove ads
Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president of the court.[2] The Supreme Court is the highest court of the United Kingdom for all civil cases, and for criminal cases from the jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the British monarch on the advice of the prime minister, who receives recommendations from a selection commission.[3][4]
The number of judges is set by section 23(2) of the Constitutional Reform Act 2005, which established the Supreme Court, but may be increased by Order in Council under section 23(3). There are currently twelve positions on the court: the president, the deputy president, and ten justices. Judges of the Court who are not already peers are granted the judicial courtesy title of Lord or Lady.[3][5]
The Supreme Court of the United Kingdom is required to have judges with experience of, and practice in, the legal systems of either England and Wales, Scotland and Northern Ireland. Once appointed to the Supreme Court, each judge acts as a representative for their distinct legal system in which they practice, whether it be English law, Scots law or Northern Ireland law.[6]
Remove ads
Lords of Appeal in Ordinary
Summarize
Perspective
Lords of Appeal in Ordinary, colloquially known as Law Lords, were judges appointed to the House of Lords of the United Kingdom to carry out the House's judicial functions under the Appellate Jurisdiction Act 1876, which included serving as the final court of appeal for most domestic matters.
On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed[7][8] owing to the creation of the Supreme Court of the United Kingdom. The House of Lords thus lost its judicial functions[9] and the power to create law life peers lapsed, although the validity of extant life peerages created under the Appellate Jurisdiction Act 1876 remains intact. Lords of Appeal in Ordinary who were in office on 1 October 2009 automatically became Justices of the Supreme Court of the United Kingdom.[10] At the same time, those Supreme Court justices who already held seats in the House of Lords lost their right to speak and vote there until after retirement as Justices of the Supreme Court.[11]
Background
The House of Lords historically had jurisdiction to hear appeals from the lower courts. Theoretically, the appeals were to the King (or Queen) in Parliament, but the House of Commons did not participate in judicial matters. The House of Lords did not necessarily include judges, but it was formerly attended by several judges who gave their opinions when the Lords desired. They did not, however, have the power to vote in the House.
In January 1856, to permit legally qualified members to exercise the House's appellate functions without allowing their heirs to swell the size of the House, Sir James Parke, a judge, was created a life peer as Baron Wensleydale.[12] As the House of Lords eventually decided that a peerage "for the term of his natural life" did not allow him to sit and vote, Parke also received a hereditary peerage on 23 July 1856.[13]
.jpg)
In 1873 William Ewart Gladstone's government passed the Judicature Act 1873, which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February 1874, before the Act came into force, Gladstone's Liberal Government fell. The Conservative Benjamin Disraeli became prime minister. In 1874 and 1875 Acts were passed delaying the coming into force of the Judicature Act 1873. The Appellate Jurisdiction Act 1876 repealed the provisions rescinding the jurisdiction of the House of Lords. Additionally, the Act provided for the appointment of two persons to be Lords of Appeal in Ordinary, who were to sit in the House of Lords under the dignity of baron. Originally, though they held the rank of baron for life, they served in Parliament only while holding judicial office. In 1889, however, an Act was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office.
The last person to be made a law lord under the Appellate Jurisdiction Act 1876 was Sir Brian Kerr on 29 June 2009. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed by Schedule 18 to the Constitutional Reform Act 2005[7][14] owing to the creation of the Supreme Court of the United Kingdom. As a result, the power to create life peers under the Appellate Jurisdiction Act 1876 lapsed, although the validity of peerages created thereunder remains intact.
Qualifications and functions
Qualifications of candidates for appointment
To be appointed a Lord of Appeal in Ordinary under the 1876 Act, a person was required to have been a practising barrister for a period of fifteen years or to have held a high judicial office—as Lord Chancellor (before 2005) or judge of the Court of Appeal, High Court or Court of Session—for a period of two years. Lords of Appeal in Ordinary were required to retire from judicial office at 70 or 75 years of age, though as barons they continued to serve as members of the House of Lords in its legislative capacity for life.
Letters patent appointing Lords of Appeal in Ordinary
While letters patent issued by the Monarch under the terms of the Life Peerages Act 1958 just name the recipient of the life peerage, letters patent issued under the terms of the Appellate Jurisdiction Act 1876 also name the retired Lord of Appeal in Ordinary in whose stead the recipient is appointed. In the final form used in 2009, these read:
Elizabeth the Second by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith / To whom these Presents shall come Greeting / Whereas Our [name of retired Lord of Appeal in Ordinary] has resigned his Office of a Lord of Appeal in Ordinary and the same is now vacant Now Know Ye that We of Our especial grace have in pursuance of the Appellate Jurisdiction Act 1876 as amended by subsequent enactments nominated and appointed and by these Presents Do nominate and appoint Our [name of the new appointee] to be a Lord of Appeal in Ordinary by the style of [full peerage title of the new appointee] to hold the said Office so long as he shall well behave himself therein subject to the provisions in the said Act mentioned with all wages profits privileges rank and precedence whatsoever to the said Office belonging or in anywise appertaining and to hold the said style of Baron unto him the said [name of the new appointee] during his life / In Witness whereof We have caused these Our Letters to be made Patent / Witness Ourself at Westminster the [day] day of [month] in the [year] Year of Our Reign.[15]
Retirement age of Lords of Appeal in Ordinary
The statutory retirement age for Lords of Appeal in Ordinary depended on when they were first appointed to judicial office: for those who first became a judge before 31 March 1995, the retirement age was 75 years of age; for those appointed on or after that date, retirement was at 70 years of age (though they were permitted to continue sitting in a part-time capacity as a "Lord of Appeal" until the age of 75 years).[16] There have been recent suggestions that the retirement age for the United Kingdom's most senior judges should revert to 75 years of age.[17]
Number of Lords of Appeal in Ordinary
The Appellate Jurisdiction Act 1876 originally provided for the appointment of two Lords of Appeal in Ordinary, who would continue to serve while holding judicial office, though in 1887, they were permitted to continue to sit in the House of Lords for life, with the style and dignity of baron. The number of Lords of Appeal in Ordinary was increased incrementally over the years—to three in 1882, to four in 1891, to six in 1913, to seven in 1929, to nine in 1947, to eleven in 1968 and to twelve in 1994. The Administration of Justice Act 1968 allowed the Sovereign to make a statutory instrument, if each House of Parliament passed a resolution approving a draft of the same, increasing the maximum number of Lords of Appeal in Ordinary.
Remuneration
Of all members of the House of Lords, only Lords of Appeal in Ordinary ever received state salaries by virtue of their position (other Lords have only ever received a daily allowance for attending sittings, plus expenses of attendance). In 2004, the salary for the Senior Lord of Appeal in Ordinary was £185,705, and for other Lords of Appeal in Ordinary it was £179,431.
Lords of Appeal
In exercising the judicial functions of the House of Lords, Lords of Appeal in Ordinary were sometimes joined by other Lords of Appeal. Lords of Appeal included holders or former holders of high judicial office who were members of the House of Lords, but not by virtue of the Appellate Jurisdiction Act (e.g. life peers under the Life Peerages Act 1958). The Lords of Appeal continue to hold the style for life.
Senior and Second Senior Law Lord
The two most senior Lords of Appeal in Ordinary were designated the Senior and Second Senior Lords of Appeal in Ordinary respectively. The Senior Lord of Appeal in Ordinary historically was the Law Lord who was senior by virtue of having served in the House for the longest period. With the appointment of Lord Bingham of Cornhill in 2000, however, it became an appointed position.
The Second Senior Lord of Appeal in Ordinary became the peer who had served for the longest period. Lord Hope of Craighead succeeded to this position on Lord Hoffmann's retirement on 20 April 2009.[18]
Remove ads
Qualification
The Constitutional Reform Act 2005 sets out the conditions for the appointments of a President, Deputy President or Justice of the Court. That person must have held high judicial office (judge of the Supreme Court, English High Court or Court of Appeal, Northern Irish High Court or Court of Appeal, or Scottish Court of Session) for at least two years,[19] or have held rights of audience at the higher courts of England, Scotland or Northern Ireland for at least fifteen years.[20] This means it is not necessary for someone applying to become a judge of the Supreme Court to have previous judicial experience (allowing Jonathan Sumption QC, a leading barrister, to successfully apply for the role in 2011).
Remove ads
Appointment
Summarize
Perspective
Judges of the Supreme Court are appointed by the King by the issue of letters patent,[21][22] on the advice of the Prime Minister, to whom a name is recommended by a special selection commission. The Prime Minister is required by the Constitutional Reform Act to recommend this name to the King and not permitted to nominate anyone else.[23]
Selection commission
The selection commission is made up of the President of the Court, another senior UK judge (not a Supreme Court Justice), and a member each from the Judicial Appointments Commission, the Judicial Appointments Board for Scotland and the Northern Ireland Judicial Appointments Commission. By law, at least one of these cannot be a lawyer.[24][25] Should the President's place on the commission be unfilled, that place is to be taken by the next most senior judge of the court, either the Deputy President or, if they are also vacant, the most senior Justice.[26][27] However, there is a similar but separate commission to appoint the next President, which is chaired by one of the non-lawyer members and features another Supreme Court Justice in the place of the President. Both of these commissions are convened by the Lord Chancellor.[25]
Selection procedure
Once the commission is formed, there are a number of people it is required to consult. The first group is a set of "senior judges" defined by the Act who do not wish to be considered for nomination.[28] Section 60 of the Act defines "the senior judges" as (a) the other judges of the Supreme Court, (b) the Lord Chief Justice of England and Wales, (c) the Master of the Rolls, (d) the Lord President of the Court of Session, (e) the Lord Chief Justice of Northern Ireland, (f) the Lord Justice Clerk, (g) the President of the King's Bench Division, (h) the President of the Family Division and (i) the Chancellor of the High Court.[29]
In the event that no judge from one of the UK's three jurisdictions has been consulted (e.g. if the Lord President and Lord Justice Clerk, the two most senior judges in Scotland, both wish to be considered for appointment, they will both be excluded from the consultation), the commission must consult the most senior judge in that jurisdiction who is not a member of the commission and does not wish to be considered for appointment.[29] The commission is then also required to consult the Lord Chancellor, the First Minister of Scotland, the First Minister for Wales and the Secretary of State for Northern Ireland.[30]
The selection must be made on merit, in accordance with the qualification criteria of section 25 of the Act (above), of someone not a member of the commission, ensuring that the judges will have between them knowledge and experience of all three of the UK's distinct legal systems, having regard to any guidance given by the Lord Chancellor, and of one person only.[31]
Lord Chancellor's role
Once the commission has selected a nomination to make, this is to be provided in a report to the Lord Chancellor,[32] who is then required to consult the judges and politicians already consulted by the commission before deciding whether to recommend (in the Act, "notify") a name to the Prime Minister, who in turn advises the King to make the appointment. The Act provides for up to three stages in the Lord Chancellor's consideration of whether to do so:
- When the selection is first put forward, the Lord Chancellor is entitled to accept the nomination, to reject it, or to ask the commission to reconsider.
- If the nomination was rejected in Stage One, the commission must put forward a new name for Stage Two. The Lord Chancellor must either accept or ask the commission to reconsider. If instead the Lord Chancellor asked for reconsideration at Stage One, the commission may either put forward the same name or a new one. In either case, the Lord Chancellor must either accept or reject the name. In other words, the Lord Chancellor has one opportunity to reject and one to ask for reconsideration.
- At Stage Three (i.e. when the Lord Chancellor has both rejected and asked once for reconsideration), the name put forward by the commission must be accepted and forwarded to the Prime Minister, with one caveat: in the event the commission was asked to reconsider a name and then forwarded a new name, the Lord Chancellor may choose to accept the earlier name.[33]
Remove ads
Original judges
Summarize
Perspective
The Supreme Court was established on 1 October 2009. It assumed the former judicial functions of the House of Lords, which were removed by the Constitutional Reform Act 2005. The twelve Lords of Appeal in Ordinary became judges of the Supreme Court,[34] except for The Lord Scott of Foscote, who retired the day before the Court began business, and The Lord Neuberger of Abbotsbury, who resigned to become Master of the Rolls.[35] A former Master of the Rolls, The Lord Clarke of Stone-cum-Ebony, became a judge of the Supreme Court on its first day, the first Justice directly appointed to the Court.[36] Sir John Dyson was appointed as the twelfth member on 13 April 2010, the first Justice not to be a peer.
The Senior Law Lord on 1 October 2009, The Lord Phillips of Worth Matravers, became the Court's first President,[37] and the former Second Senior Law Lord, The Lord Hope of Craighead, the first Deputy President. The Court originally had one female Justice, The Baroness Hale of Richmond; two Scottish Justices, The Lord Hope of Craighead and The Lord Rodger of Earlsferry; and one Northern Irish Justice, The Lord Kerr of Tonaghmore.
Of the original Justices, The Lord Saville of Newdigate was the first to retire, on 30 September 2010, and The Lord Rodger of Earlsferry was the first to die in office, on 26 June 2011. Lord Dyson stood down to become Master of the Rolls on 1 October 2012, the first time a Justice had left the Court to take up another judicial office. The last of the original Justices to retire was The Lord Kerr of Tonaghmore on 30 September 2020.
List
|
|
Remove ads
Current judges
Summarize
Perspective
The most recent to join the court is Lady Simler, who joined on 14 November 2023 in place of Lord Kitchin. In order of seniority, they are as follows:
.jpg)
.jpg)
.jpg)
.jpg)
Remove ads
Acting judges and supplementary panel
Summarize
Perspective
Under section 38 of the Constitutional Reform Act, the President of the Court is empowered to request the service of additional judges on the Court, drawn from two categories of people: the first is any person serving as a "senior territorial judge", defined by section 38(8) as a judge of the Court of Appeal of England and Wales, the Inner House of the Court of Session, or the Court of Appeal in Northern Ireland (unless the judge holds the latter office only by virtue of being a puisne judge of the High Court in Northern Ireland). The Lord Judge[39][40] occasionally sat on cases in the Supreme Court when he was Lord Chief Justice of England and Wales, as did Neuberger when he was Master of the Rolls. Both Reed (prior to his appointment to the Supreme Court) and Lord Clarke, judges of the Court of Session, sat on the Supreme Court during Rodger's last illness.
The second category of additional judges is the supplementary panel: approved Supreme Court justices and territorial judges who have retired from judicial service within the past five years and are younger than 75.
As of 2025 the supplementary panel consists of:[41]
- Lady Black of Derwent (former Justice of the Supreme Court)
- The Lord Burnett of Maldon (former Lord Chief Justice of England and Wales)
- Lord Kitchin (former Justice of the Supreme Court)
- Sir Declan Morgan (former Lord Chief Justice of Northern Ireland)
Remove ads
Salary
As of 1 October 2019, Justices of the Supreme Court, including the Deputy President, were in Group 2 of the judicial salary scheme, with an annual salary of £226,193. This is the same group as the Chancellor of the High Court, Lord Justice Clerk, President of the Family Division and President of the King's Bench Division.[1] The President of the Supreme Court, Lord Chief Justice of Northern Ireland, Lord President of the Court of Session and Master of the Rolls make up Group 1.1 of the scale on £234,184, below only the Lord Chief Justice of England and Wales, who earns £262,264.[1]
Remove ads
Style and address
Following a Royal Warrant dated 10 December 2010,[3] all Justices of the Supreme Court who are not already peers are granted the judicial courtesy title of Lord or Lady followed by a surname, territorial designation or a combination of both, for life.[3][42] Wives of male Supreme Court justices are styled as if they were wives of peers.
Dress
On ceremonial occasions, such as the State Opening of Parliament, the ceremony at Westminster Abbey to mark the beginning of the judicial year, and at the swearing in of a new member of the Court, the Justices wear ceremonial robes of black silk damask trimmed with gold lace and frogs, in the same pattern as the Lord Chancellor's state robes. The robe has no train, and the flap collar and shoulder caps bear the Supreme Court insignia.
The Justices do not wear wigs or court dress as others in the legal and official positions do. The Baroness Hale of Richmond took to wearing a black velvet Tudor bonnet with gold cord and tassel which is the common headwear for doctorates in British academical dress.[citation needed] The robes were made by Ede & Ravenscroft with the embroidery by Hand & Lock.[43]
On other occasions, the Justices wear day dress. This follows the convention adopted by the Appellate Committee of the House of Lords, which was, technically, not a court but a committee of that House.
See also
- Senator of the College of Justice
- Lord Justice of Appeal
- List of Lords Justices of Appeal
- High Court judge (England and Wales)
- List of High Court judges of England and Wales
- Judicial functions of the House of Lords
- Judicial Committee of the Privy Council
- List of Lords of Appeal in Ordinary
- List of law life peerages
- Nobles of the Robe
References
Notes
Sources
External links
Wikiwand - on
Seamless Wikipedia browsing. On steroids.
Remove ads