Lord of Appeal in Ordinary
Encyclopedia
Lords of Appeal in Ordinary, commonly known as Law Lords, were appointed under the Appellate Jurisdiction Act 1876
to the House of Lords
of the United Kingdom
in order to exercise its judicial functions
, which included acting as the highest court of appeal
for most domestic matters. The House of Lords, however, lost its judicial functions upon the establishment of the Supreme Court of the United Kingdom
in October 2009; those in office became Justices of the Supreme Court of the United Kingdom
and lost their right to speak and vote in the House of Lords until their retirement as Justices of the new court.
for a period of fifteen years or must have held a high judicial office—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 peers under the style of Baron
they continued to serve as members of the House of Lords in its legislative capacity for life.
Lords of Appeal in Ordinary were occasionally joined by other Lords of Appeal in exercising the judicial functions of the House of Lords. Lords of Appeal included holders or former holders of high judicial office who are members of the House, 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.
, a judge, was created a life peer. The House of Lords refused to admit him, so he had to take his seat as an hereditary peer.
In 1873, William Ewart Gladstone
's government passed the Judicature Act, which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February of the next year, 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. In 1876, the Appellate Jurisdiction Act
repealed the provisions rescinding the jurisdiction of the House of Lords.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; 11 years later, however, an act was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office.
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 is 75 years of age; for those appointed on or after that date, retirement is at 70 years of age (though they are permitted to continue sitting in a part-time capacity as a "Lord of Appeal" until the age of 75 years). There have been recent suggestions that the retirement age for the United Kingdom's most senior judges should revert to 75 years of age.
The Lords of Appeal in Ordinary are joined by the Lords of Appeal, who include members of the House of Lords, not necessarily created under the Appellate Jurisdiction Act, who hold or have held high judicial office. Lords of Appeal retain their titles for life but are incapable of hearing cases after the age of 75. Only Lords of Appeal in Ordinary receive salaries: for 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.
. The number of Lords of Appeal in Ordinary was increased from time to time—to three in 1882, to four in 1891, to six in 1913, to seven in 1919, 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.
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.
Appellate Jurisdiction Act 1876
The Appellate Jurisdiction Act 1876 is an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords. The act was repealed by the Constitutional Reform Act 2005, which transferred the judicial functions from the House of Lords to the Supreme Court of the...
to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in order to exercise its judicial functions
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, which included acting as the highest court of appeal
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
for most domestic matters. The House of Lords, however, lost its judicial functions upon the establishment of the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
in October 2009; those in office became Justices of the Supreme Court of the United Kingdom
Justice of the Supreme Court of the United Kingdom
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 Deputy President. The Supreme Court is the highest in the United Kingdom for civil matters, and for criminal matters from England and Wales and Northern Ireland...
and lost their right to speak and vote in the House of Lords until their retirement as Justices of the new court.
Ranks and titles
To be appointed a Lord of Appeal in Ordinary under the 1876 Act, an individual must have been a practising barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
for a period of fifteen years or must have held a high judicial office—Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
(before 2005) or judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, High Court or Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
—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 peers under the style of Baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
they continued to serve as members of the House of Lords in its legislative capacity for life.
Lords of Appeal in Ordinary were occasionally joined by other Lords of Appeal in exercising the judicial functions of the House of Lords. Lords of Appeal included holders or former holders of high judicial office who are members of the House, but not by virtue of the Appellate Jurisdiction Act (e.g. life peers under the Life Peerages Act 1958
Life Peerages Act 1958
The Life Peerages Act 1958 established the modern standards for the creation of life peers by the monarch of the United Kingdom. Life peers are barons and are members of the House of Lords for life, but their titles and membership in the Lords are not inherited by their children. Judicial life...
). The Lords of Appeal continue to hold the style for life.
House of Lords
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 does 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 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 ParkeJames Parke, 1st Baron Wensleydale
James Parke, 1st Baron Wensleydale PC was a British barrister and judge. After an education at The King's School, Macclesfield and Trinity College, Cambridge he studied under a special pleader, before being called to the Bar by the Inner Temple in 1813...
, a judge, was created a life peer. The House of Lords refused to admit him, so he had to take his seat as an hereditary peer.
In 1873, William Ewart Gladstone
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
's government passed the Judicature Act, which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February of the next year, before the Act came into force, Gladstone's Liberal Government fell; the Conservative Benjamin Disraeli
Benjamin Disraeli, 1st Earl of Beaconsfield
Benjamin Disraeli, 1st Earl of Beaconsfield, KG, PC, FRS, was a British Prime Minister, parliamentarian, Conservative statesman and literary figure. Starting from comparatively humble origins, he served in government for three decades, twice as Prime Minister of the United Kingdom...
became Prime Minister. In 1874 and 1875, acts were passed delaying the coming-into-force of the Judicature Act. In 1876, the Appellate Jurisdiction Act
Appellate Jurisdiction Act
Appellate Jurisdiction Act is a stock short title used for legislation in the United Kingdom which relates to the jurisdiction of appellate courts.-List:...
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; 11 years later, however, an act was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office.
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 is 75 years of age; for those appointed on or after that date, retirement is at 70 years of age (though they are permitted to continue sitting in a part-time capacity as a "Lord of Appeal" until the age of 75 years). There have been recent suggestions that the retirement age for the United Kingdom's most senior judges should revert to 75 years of age.
The Lords of Appeal in Ordinary are joined by the Lords of Appeal, who include members of the House of Lords, not necessarily created under the Appellate Jurisdiction Act, who hold or have held high judicial office. Lords of Appeal retain their titles for life but are incapable of hearing cases after the age of 75. Only Lords of Appeal in Ordinary receive salaries: for 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.
Size
The Appellate Jurisdiction Act 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, under the style and dignity of BaronBaron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
. The number of Lords of Appeal in Ordinary was increased from time to time—to three in 1882, to four in 1891, to six in 1913, to seven in 1919, 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
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
, if each House of Parliament passed a resolution approving a draft of the same, increasing the maximum number of Lords of Appeal.
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 OrdinarySenior Lord of Appeal in Ordinary
The President of the Supreme Court of the United Kingdom is the head of the Supreme Court of the United Kingdom. The office is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking 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.