The UK Supreme Court

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The new Supreme Court for the United Kingdom opened its doors and began hearing its first cases in October 2009.

The Supreme Court takes over the judicial functions previously performed by the House of Lords. The former Lords of Appeal in the Ordinary (or Law Lords as most commonly known) are superseded by twelve incoming Justices of the Supreme Court.

Whilst most people believe that the Supreme Court is a direct replacement of the work done by the Law Lords, there are in fact several key differences between the old and the new.

The House of Lords was the final court of appeal on points of law for all civil cases in the United Kingdom, and the final court for criminal matters for England, Wales and Northern Ireland.

By contrast, the Supreme Court is legally separate from all other courts in England and Wales since it is also the Supreme Court of both Scotland and Northern Ireland.

In addition, the Supreme Court now has jurisdiction over certain types of cases previously dealt with by the Privy Council, however this will not mean that appeals from other UK jurisdictions such as Guernsey, Jersey or the Isle of Man are dealt with by the Supreme Court.

According to the Justice Minister Lord Bach, the new court is intended to provide “much, much more access” to members of the public than the House of Lords. All of the Supreme Court's hearings will be open to the public and television cameras will be in court permanently, a new step in English legal history. For the first time the Supreme Court is also a “clear and physical” separation of the judiciary from the executive.

Change at the top has not come without cost; the relocation to and refurbishment of the old Middlesex Guildhall Crown Court building in Parliament Square cost £59m and Lord Neuberger stepped down from the judicial committee of the Lords, warning of the dangers of an independent Supreme Court, and fearing that the Supreme Court had been created "as a result of what appears to have been a last-minute decision over a glass of whisky" might prove to be a concerning early starting point for the new court.

For litigants, the acid test will be how quickly and efficiently their appeals are heard. Although the Justices of the Supreme Court have already delivered a number of high profile judgments, only time will tell whether this new institution is a significant improvement to the old House of Lords.

For further information please contact
Tim Bamford: tim.bamford@harbottle.com
Andy Millmore: andy.millmore@harbottle.com