| This article is part of the series:Courts of England and Wales |
| Law of England and Wales |
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Criminal prosecution |
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| Peerages in the United Kingdom |
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| House of Lords |
| Justice of the Supreme Court of the United Kingdom | |
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| Style | The Right Honourable Lord orLady |
| Appointer | TheMonarch on the advice of thePrime Minister following theLord Chancellor'sapproval of a recommendation from an independent selection commission |
| Term length | Justices are required to retire on becoming 75 years old;[nb 1] may be removed on the address of both Houses of Parliament |
| Formation | 1 October 2009 |
| Salary | £226,193[1] |
| Website | http://www.supremecourt.uk/ |
Justices of the Supreme Court of the United Kingdom are the judges of theSupreme Court of the United Kingdom other thanthe president andthe 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 ofEngland and Wales andNorthern Ireland. Judges are appointed by theBritish monarch on the advice of theprime minister, who receives recommendations from a selection commission.[3][4]
The number of judges is set by section 23(2) of theConstitutional Reform Act 2005, which established the Supreme Court, but may be increased byOrder 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 alreadypeers are granted thejudicial courtesy title ofLord orLady.[3][5]
The Supreme Court of the United Kingdom is required to have judges with experience of, and practice in, the legal systems ofEngland and Wales,Scotland orNorthern 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]
Lords of Appeal in Ordinary, colloquially known aslaw lords, were judges appointed to theHouse of Lords of the United Kingdom to carry out theHouse's judicial functions under theAppellate Jurisdiction Act 1876, which included serving as thefinal court of appeal for most domestic matters.
On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed[7][8] by theConstitutional Reform Act 2005, which created theSupreme Court of the United Kingdom.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 extantlife peerages created under the Appellate Jurisdiction Act 1876 remains intact. Lords of Appeal in Ordinary who were in office on 1 October 2009 automatically becamejustices 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]
The House of Lords historically had jurisdiction to hear appeals from the lower courts. Theoretically, the appeals were to theKing (or Queen) in Parliament, but theHouse 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 asBaron 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]
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In 1873William Ewart Gladstone's government passed theJudicature 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 ConservativeBenjamin Disraeli became prime minister. In 1874 and 1875 Acts were passed delaying the coming into force of the Judicature Act 1873. TheAppellate 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 wasSir Brian Kerr on 29 June 2009. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed by Schedule 18 to theConstitutional Reform Act 2005[7][14] owing to the creation of theSupreme 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.
To be appointed a Lord of Appeal in Ordinary under the 1876 Act, a person was required to have been a practisingbarrister for a period of fifteen years or to have held a high judicial office—asLord Chancellor (before 2005) or judge of theCourt of Appeal,High Court orCourt 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 asbarons they continued to serve as members of the House of Lords in its legislative capacity for life.
Whileletters patent issued by the Monarch under the terms of theLife 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]
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]
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 ofbaron. 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. TheAdministration of Justice Act 1968 allowed the Sovereign to make astatutory 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.
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.
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 theLife Peerages Act 1958). The Lords of Appeal continue to hold the style for life.
The two most senior Lords of Appeal in Ordinary were designated the Senior and Second Senior Lords of Appeal in Ordinary respectively. TheSenior 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 ofLord 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 onLord Hoffmann's retirement on 20 April 2009.[18]
TheConstitutional 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, EnglishHigh Court orCourt of Appeal, Northern IrishHigh Court orCourt of Appeal, or ScottishCourt of Session) for at least two years,[19] or have held rights of audience at the higher courts ofEngland,Scotland orNorthern 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 (allowingJonathan SumptionQC, a leadingbarrister, to successfully apply for the role in 2011).
Judges of the Supreme Court are appointed by the King by the issue ofletters 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]
The selection commission is made up of thePresident of the Court, another senior UK judge (not a Supreme Court Justice), and a member each from theJudicial Appointments Commission, theJudicial 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 theDeputy 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 theLord Chancellor.[25]
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 donot 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) theLord Chief Justice of England and Wales, (c) theMaster of the Rolls, (d) theLord President of the Court of Session, (e) theLord Chief Justice of Northern Ireland, (f) theLord Justice Clerk, (g) thePresident of the King's Bench Division, (h) thePresident of the Family Division and (i) theChancellor 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, theFirst Minister of Scotland, theFirst Minister for Wales and theSecretary 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]
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 thePrime 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:
The Supreme Court was established on 1 October 2009. It assumed the formerjudicial functions of the House of Lords, which were removed by theConstitutional Reform Act 2005. The twelveLords of Appeal in Ordinary became judges of the Supreme Court,[34] except forThe Lord Scott of Foscote, who retired the day before the Court began business, andThe Lord Neuberger of Abbotsbury, who resigned to becomeMaster 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.
TheSenior Law Lord on 1 October 2009,The Lord Phillips of Worth Matravers, became the Court's firstPresident,[37] and the formerSecond Senior Law Lord,The Lord Hope of Craighead, the firstDeputy President. The Court originally had one female Justice,The Baroness Hale of Richmond; two Scottish justices,The Lord Hope of Craighead andThe 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 wasThe Lord Kerr of Tonaghmore on 30 September 2020.
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The most recent to join the court isLady Simler, who joined on 14 November 2023 in place ofLord Kitchin. In order of seniority, they are as follows:
Under section 38 of the Constitutional Reform Act, thePresident 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 theCourt of Appeal of England and Wales, theInner House of theCourt of Session, or theCourt of Appeal in Northern Ireland (unless the judge holds the latter office only by virtue of being apuisne judge of the High Court in Northern Ireland). TheLord Judge[39][40] occasionally sat on cases in the Supreme Court when he wasLord Chief Justice of England and Wales, as did Neuberger when he wasMaster of the Rolls. Both Reed (prior to his appointment to the Supreme Court) andLord Clarke, judges of theCourt 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]
As of 1 October 2019, justices of the Supreme Court, including thedeputy president, were in Group 2 of the judicial salary scheme, with an annual salary of £226,193. This is the same group as thechancellor of the High Court,Lord Justice Clerk,president of the Family Division andpresident of the King's Bench Division.[1] Thepresident of the Supreme Court,Lord Chief Justice of Northern Ireland,Lord President of the Court of Session andMaster of the Rolls make up Group 1.1 of the scale on £234,184, below only theLord Chief Justice of England and Wales, who earns £262,264.[1]
Following aRoyal Warrant dated 10 December 2010,[3] all justices of the Supreme Court who are not alreadypeers are granted thejudicial courtesy title ofLord orLady 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.
On ceremonial occasions, such as theState Opening of Parliament, the ceremony atWestminster 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 theLord 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 orcourt dress as others in the legal and official positions do. The Baroness Hale of Richmond took to wearing a black velvetTudor bonnet with gold cord and tassel which is the common headwear for doctorates in Britishacademical dress.[citation needed] The robes were made byEde & Ravenscroft with the embroidery byHand & Lock.[43]
On other occasions, the justices wear day dress. This follows the convention adopted by theAppellate Committee of the House of Lords, which was, technically, not a court but a committee of that House.
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