Lord Justice of the United Kingdom

Lord Justice of the United Kingdom. A Lord Justice is a senior judge who sits in the Court of Appeal of England and Wales, one of the highest courts within the Judiciary of the United Kingdom. The full title is Lord or Lady Justice of Appeal, and they are collectively known as the Lords Justices. These judges form the core appellate judiciary, hearing appeals from the High Court of Justice, the Crown Court, and various tribunals, playing a pivotal role in shaping the common law of England and Wales.

Role and Function

The primary function of a Lord Justice is to hear appeals on points of law and procedure in the Court of Appeal of England and Wales, which is divided into the Civil Division and the Criminal Division. They typically sit in panels of two or three judges, reviewing decisions from lower courts such as the High Court of Justice, the Crown Court, and the Family Division. Their judgments establish binding precedents for all lower courts under the doctrine of stare decisis, significantly influencing the development of English law. In addition to their appellate work, Lords Justices may be called upon to sit in the Judicial Committee of the Privy Council or be appointed as Deputy President of the Supreme Court of the United Kingdom for specific cases.

Appointment and Tenure

Appointment to the office of Lord Justice is governed by the Constitutional Reform Act 2005. Candidates are recommended by the independent Judicial Appointments Commission to the Lord Chancellor, who then advises the Monarch of the United Kingdom to make the formal appointment. Eligible candidates are typically existing judges from the High Court of Justice or exceptionally experienced practitioners from the Bar of England and Wales. A Lord Justice holds office during good behaviour, with a mandatory retirement age of 70, as stipulated by the Senior Courts Act 1981. They can only be removed by the Monarch following an address presented by both Houses of Parliament of the United Kingdom.

History and Development

The office was formally created by the Judicature Acts 1873–1875, which restructured the higher courts and established the Court of Appeal. Prior to this, appellate functions were dispersed among courts like the Court of Chancery and the Court of Exchequer Chamber. The inaugural Lord Justice was Sir George Jessel, a renowned Master of the Rolls. Historically, the appointment was a prerogative of the Lord Chancellor, but the process was reformed by the Constitutional Reform Act 2005 to ensure greater independence from the executive. The Supreme Court of the United Kingdom's establishment in 2009 further refined the hierarchy, taking over the appellate jurisdiction of the House of Lords.

Notable Lord Justices

Many distinguished jurists have served as Lords Justices, leaving a lasting legacy on English law. Lord Denning, perhaps the most famous, served as Master of the Rolls and produced influential judgments on contract law and negligence from the Court of Appeal. Sir James Mathew was the first judge to use the phrase "the common law is not a brooding omnipresence in the sky". More recently, Sir Terence Etherton served as Chancellor of the High Court before his elevation, and Dame Victoria Sharp became the first woman to hold the post of Lord Chief Justice of England and Wales after serving as a Lord Justice. Other notable figures include Sir John Laws and Sir Stephen Sedley, known for their contributions to administrative law.

Insignia and Court Dress

Lords Justices are entitled to the honorific prefix "Lord" or "Lady" Justice and the style "The Right Honourable". In court, they wear a black silk gown and a short bench wig. For ceremonial occasions, such as the State Opening of Parliament or the Lord Chancellor's breakfast, they wear a more elaborate robe of black damask trimmed with gold lace and a full-bottomed wig. Their official insignia is not a physical object but is represented by their judicial robes and their position within the formal order of precedence in England and Wales.

Category:Judges in England and Wales Category:British law