lords justices of appeal

lords justices of appeal
Name	Lords Justices of Appeal
Department	Court of Appeal of England and Wales
Style	The Right Honourable
Seat	Royal Courts of Justice, London
Appointer	Monarch of the United Kingdom
Nominator	Lord Chancellor, Lord Chief Justice of England and Wales
Formation	1875
Precursor	Judicial Committee of the Privy Council

lords justices of appeal are senior judges who sit in the Court of Appeal of England and Wales, hearing appeals from the High Court of Justice, Crown Court, and certain tribunals. They derive their title from the Judicature Acts and are styled as Lord or Lady Justices. Historically connected to reforms associated with figures such as Lord Chancellor Farrer Herschell, the office developed alongside institutions like the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council.

History

The office emerged from the 19th-century consolidation of common law and equity in the reforms of Sir William Erle, Sir James Fitzjames Stephen, and legislation such as the Supreme Court of Judicature Act 1873. The modern Court of Appeal, created by the Judicature Acts, absorbed appellate functions formerly dispersed among the House of Lords (judicial function), the Privy Council, and centralized panels influenced by jurists like Lord Halsbury and Lord Esher. Subsequent constitutional developments involving the Constitutional Reform Act 2005 and the creation of the Supreme Court of the United Kingdom reshaped appellate pathways but preserved the role of Lords Justices of Appeal within the English and Welsh appellate hierarchy. Notable turning points include wartime adjustments during the Second World War and procedural modernizations following reports by the Commercial Court and commissions chaired by figures such as Lord Woolf.

Appointment and Qualifications

Appointments are made by the Monarch of the United Kingdom on the advice of the Prime Minister of the United Kingdom and the Lord Chancellor, following recommendations from the Judicial Appointments Commission. Candidates typically have served as High Court of Justice judges or as eminent practitioners called to the Bar of England and Wales such as Queen’s Counsel. Statutory eligibility draws on precedent from cases involving jurists like Dame Elizabeth Butler-Sloss and Sir Thomas Bingham, and selection considers experience in divisions such as the Queen's Bench Division, Chancery Division, and specialist courts including the Family Division and the Commercial Court. Appointees are usually sworn into the Privy Council—a practice long associated with senior judges like Lord Denning and Lord Diplock.

Roles and Responsibilities

Lords Justices of Appeal hear civil and criminal appeals, delivering judgments that bind lower courts including the High Court of Justice and tribunals such as the Employment Appeal Tribunal and the Upper Tribunal. They sit in panels, often of three, and may preside over oral argument, review written submissions, or grant permission to appeal in cases influenced by precedents from Donoghue v Stevenson-era jurisprudence and the statutory framework of acts such as the Criminal Appeal Act 1968. Their duties overlap with administrative responsibilities at institutions like the Civil Procedure Rule Committee and engagement with appellate practice reforms led by figures such as Lord Woolf and Sir Nicholas Wall. Internationally, their decisions can interact with jurisprudence from the European Court of Human Rights, the Court of Justice of the European Union, and appellate bodies including the Privy Council.

Jurisdiction and Court Structure

The Court of Appeal is divided into the Civil Division and the Criminal Division, each presided over by the Master of the Rolls and the Lord Chief Justice respectively. The Civil Division handles appeals from the High Court of Justice—including the Chancery Division and Queen's Bench Division—and from specialist tribunals such as the Patents Court. The Criminal Division takes appeals from the Crown Court and addresses points of law that may implicate statutes like the Criminal Justice Act 2003 or procedural rules shaped by the Criminal Procedure Rules Committee. Panels of Lords Justices of Appeal produce authoritative reported decisions cited in law reports such as the Law Reports and the All England Law Reports.

Notable Lords Justices of Appeal

Among distinguished occupants of the office are jurists who later advanced to higher roles: Lord Denning (later Master of the Rolls), Sir Thomas Bingham (later Lord Chief Justice), Dame Elizabeth Butler-Sloss (noted for family law), Lord Woolf (author of procedural reforms), Sir Nicholas Wall, Sir John Laws, Lady Hale of Richmond (later President of the Supreme Court), Lord Steyn (later Law Lord), Lord Hope of Craighead (later Deputy President of the Supreme Court), Sir Igor Judge, Lord Neuberger of Abbotsbury, Sir Terence Etherton, Sir Brian Leveson, Sir Simon Parker and Lady Arden of Heswall. Their judgments and administrative leadership influenced landmark decisions recorded alongside cases such as R v Brown and Caparo Industries plc v Dickman.

Tenure, Retirement and Remuneration

Lords Justices of Appeal receive tenure subject to statutory retirement ages determined by legislation such as the Judicial Pensions and Retirement Act 1993 and subsequent amendments, with possibilities for extensions by Order in Council. Remuneration and pensions align with frameworks administered by the Ministry of Justice and are subject to public sector pay review mechanisms involving officials like the Senior Salaries Review Body. Post-retirement pathways often include appointments to the Privy Council, roles in international arbitration panels such as those ad hoc under the International Chamber of Commerce, or reappointment to part-time work in tribunals and inquiries exemplified by commissions chaired by former justices like Sir John Major-era public inquiries.

Category:Judiciary of England and Wales