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Win, Lose, or Law... The Justices of the UK Supreme Court

The Supreme Court of the United Kingdom is far less known than the US Supreme Court, and is far less politicised in its appointment mechanisms, and so the Justices who make the most important judicial decisions in the country are often forgotten, even by law students. As such, I have written brief biographies of the twelve Justices who make up the Supreme Court, and listed some of their more famous judgments, which I urge you to read to gain an understanding of how they think and their judicial philosophies. So, here goes... 

Lady Brenda Hale 

Hale became President of the Supreme Court in September 2017, succeeding Lord Neuberger, after a distinguished career as a judge and an academic. She sat on the High Court for five years, the Court of Appeal for a further five, and then joined the House of Lords Judicial Committee (the precursor to the Supreme Court) in 2004. 

A Cambridge graduate, Hale mostly practised in family and social welfare law, teaching these subjects in universities. She was the first woman appointed to the Law Commission in 1984, where she paved the way for the Children Act 1989, the Family Law Act 1996, and the Mental Capacity Act 2005, among other legislation. 

Hale is known to be an outspoken liberal, campaigning for better representation of women in the judiciary, and speaking in favour of LGBTQ+ rights. 

Her key judgments include:
  • R (Miller) (No 2) [2019] - constitutional law 
  • Re D (Contact: Reasons for Refusal) [1997] - family law 
  • Stack v Dowden [2007] - property law 

Lord Robert Reed

Reed became a Justice of the Supreme Court in 2009. He currently serves as Deputy President, and will succeed Lady Hale when she retires in 2020. He is also a member of the ad hoc panel of judges of the European Court of Human Rights and a non-permanent judge of the Court of Final Appeal in Hong Kong. Reed served as a senior judge in Scotland for thirteen years.

Having graduated from Edinburgh and Oxford, he qualified as an advocate in Scotland, and a barrister in England, practising a wide range of civil cases and prosecuting serious crime. 

His key judgments include:
  • Dissent in R (Miller) (No 1) [2017] due to what he saw as the implied consent given by Parliament for the triggering of Article 50 TEU - constitutional law 
  • UNISON [2017] - public law and human rights law

Lord Brian Kerr 

Kerr, a Justice since 2009, had previously served as Lord Chief Justice of Northern Ireland for five years before his appointment to the Court. He had also served as Junior Crown Counsel, and then a Senior Crown Counsel after taking silk, and has had a long and distinguished career in public prosecutions.  

A graduate from Queen's University, Belfast, Kerr practised as a barrister in both England and Wales and Northern Ireland, and has been outspoken on the issue of LGBTQ+ rights, having attended the LGBT Leaders 2019 conference to give a keynote address.

His key judgments include:

  • The Public Prosecution Service v William Elliott, Robert McKee [2013] - criminal law 
  • Dissent in R v Gnango [2012] - criminal law
  • Stocker v Stocker [2019] - criminal law 

Lord Nicholas Wilson 

Appointed to the Supreme Court in May 2011, Wilson graduated from Oxford, and qualified as a barrister in England, practising almost exclusively in the field on family law. 

He is an ardent campaigner against cuts to legal aid, criticising it as jeopardising access to justice, and has spoken out against spending cuts to social security and the NHS as well, pointing to a liberal lean in politics. 

His key judgments include:
  • R (Gaines-Cooper) v Commissioners for Her Majesty's Revenue and Customs [2011] - tax law
  • Jones v Kernott [2011] - property law

Lord Robert Carnwath 

Having graduated Cambridge and served as Attorney General to the Prince of Wales for six years, Carnwath was appointed to the Supreme Court in April 2012. He had previously served in the High Court and the Court of Appeal, as Junior Counsel to the Inland Revenue, and as Chairman of the Law Commission from 1999 to 2002. 

His key judgments include:
  • Telereal Trillium v Hewitt (Valuation Officer) [2019] - property law
  • R (Privacy International) v Investigatory Powers Tribunal & Others [2019] - public law 

Lord Patrick Hodge 

Hodge was appointed to the Supreme Court in October 2013, having been appointed to the Faculty of Advocates in 1983 and a Queen's Counsel in 1996. He had worked as a civil servant, and as Junior Counsel to the Department of Energy, and later Inland Revenue. 

He graduated from Cambridge and Edinburgh, and practised as a QC mainly in commercial law, judicial review, and property law. 

His key judgments include:
  • Zoumbas v Secretary of State for the Home Department [2013] - public law and human rights law
  • Dissent in the matter of an application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] - public law and human rights law 

Lady Jill Black

Black became a Supreme Court Justice in October 2017 after a judicial career spanning eighteen years in the High Court and the Court of Appeal, and as an academic at Leeds Polytechnic during the 1980s, as well as Chairwoman of the Judicial Studies Board's Family Committee until her appointment to the Judicial Appointments Committee in 2008.

She graduated from Durham, and practised criminal and civil law, before specialising in family law later on in her career.

Her key judgments include:

  • An NHS Trust & Others v Y (by his litigation friend, the Official Solicitor) and another [2018] - human rights law and criminal law 

Lord David Lloyd-Jones

Lloyd-Jones was appointed a Justice in October 2017, alongside two of his colleagues, Lady Black, and Lord Briggs. He had lectured at Cambridge and City University, London, and served as a junior Crown Counsel, and is known for his practise in international law, EU law, and public law. 

A graduate from Cambridge himself, Lloyd-Jones served as amicus curiae in the famous Pinochet case before the Lords, and was criticised for being paid over £1 million for his involvement in the Bloody Sunday inquiry. 

His key judgments include:
  • Secretary of State for Work and Pensions v Gubeladze [2019] - European law 

Lord Michael Briggs 

Having served as Attorney General to the Duchy of Lancaster and the author of the Chancery Modernisation Review in 2013, Briggs was appointed to the Supreme Court in October 2017.

Briggs graduated from Oxford, and practised mainly commercial and chancery law before his appointment to the judiciary, where he presided over the extensive Lehman insolvency litigation from 2009 to 2013.

His key judgments include:
  • In re Lehman Bros International (Europe) (No 4) [2015] EWCA - commercial law (insolvency)

Lady Mary Ardern

Appointed to the Supreme Court in October 2018, Lady Ardern (my least favourite of the Justices) graduated Cambridge and Harvard Law, and has written extensively on how the law keeps pace with social change. She served as Chairperson of the Law Commission from 1996 to 1999 and was Judge in Charge, Head of International Judicial Relations for England and Wales between 2005 and 2018, where she organised bilateral exchanges between judiciaries around the world. 

An undoubtedly intellectual woman, Ardern has also served as a Member of the Permanent Court of Arbitration in The Hague and as an ad hoc judge of the European Court of Human Rights, having practised mainly in company law, but her controversial judgments are often criticised by academics and practising lawyers alike. 

Her key judgments include:
  • Collier v P & MJ Wright (Holdings) Ltd [2007] EWCA - contract law

Lord David Kitchin

Kitchin was appointed to the Supreme Court in October 2018, having graduated Cambridge and practised mainly in intellectual property law. He serves as the Chair of the Advisory Council for the Centre of Commercial Studies as Queen Mary University, London.

His key judgments include:
  • R (on the application of Hemmati and other) v Secretary of State for the Home Department [2019] - European law and immigration law

Lord Philip Sales

Sales is the most junior member of the UK Supreme Court, having only been serving since January 2019. He graduated Cambridge and Oxford, and serves as a Member of the Competition Appeal Tribunal for seven years and as Vice-President of the Investigatory Powers Tribunal for one year. 

Sales was appointed First Junior Treasury Counsel in 1997, with the responsibility of representing the UK government in the civil courts. This appointment caused consternation among senior lawyers due to his young age, and his appointment to the Supreme Court was similarly criticised for apparent cronyism. 

His key judgments include:
  • R (Miller) (No 1) High Court [2016] - public law
  • Christine Evangelou & Others v Iain McNicol (Labour Party) [2016] EWCA - contract law
The opinions of this article are solely those of the author and are not intended to provide accurate legal advice for anyone to rely on. While the content is intended to be factually correct, the author does not accept any responsibility or liability arising from the use or misuse of this article or any loss/inconvenience/damage stemming from this. Legal advice should be sought from a qualified professional, not this blog. The opinions represented in this blog are personal and belong solely to the blog owner, and do not represent those of the people, institutions, or organisations that the owner may or may not be associated with in a professional or personal capacity, unless explicitly stated. The views expressed by any podcast guest are their own entirely, and do not necessarily reflect those of the blog owner. The blog owner is not responsible and liable for any discrepancy, if any. Any content provided by this blog or its companion podcast is not intended to malign any religion, ethnic group, club, organisation, company, individual, or anyone or anything.

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