Frances Gibb, Legal Editor
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to The Sunday Times
Britain’s most senior judge is being tipped to take over as head of the first supreme court in what will trigger a major reshuffle of top judicial posts.
Recruitment to the new post is now under way, and the hot favourite is Lord Phillips of Worth Matravers, who is currently Lord Chief Justice. A decision is expected by May.
Lord Phillips, who is popular with judges and ministers and regarded as a moderniser, is predicted to become senior law lord when Lord Bingham of Cornhill steps down this year. That in turn would lead to him becoming president of the new supreme court when it comes into being in autumn next year, a new, more high-profile role than that occupied by Lord Bingham.
In autumn 2009 the 12 law lords are expected to move out of their obscure corridor in the House of Lords, across Parliament Square and into what was Middlesex Guildhall Crown Court, which is presently being refurbished.
The law lords will no longer be called law lords but have another title, probably justices of the supreme court. When the new court opens, it will make the country’s highest court far more visible than ever its predecessor was. The public will be encouraged to visit and some elements, probably openings of appeals and the handing-down of judgments, could be televised.
If Lord Phillips is chosen, it would clear the way for a new appointment to the other top judicial post of Lord Chief Justice, prompting a spate of further promotions.
The selection of the new president coincides with the departure of three law lords – Lord Hoffmann, Lord Scott of Foscote and Lord Carswell – meaning that one third of the court will be replaced, with the potential for a shift in political and social balance.
Lord Bingham, who has to step down in July when he turns 75, told The Times: “If you want to make the point that this [the law lords] is an important pillar of the constitution, there is no place, physically or geographically, that would be better.”
For the first time, the senior law lord is being chosen through modern selection procedures in which candidates may have to submit applications and attend interviews. Lord Bingham is chairing the panel, which includes Lord Hoffmann, the second senior law lord, and a representative of each of the Judicial Appointments Commissions of England and Wales, Scotland and Northern Ireland.
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It is not quite so simple as Justinian asserts. Existing members of the new court will still be peers of the Realm; so they will be Lord Snooks. All Scottish senior judges assume the honorary title of Lord on their first appointment so the two Scottish judges will be Lord McSnooks, although neither will in fact be peers and this curiosity will remain the case for the future. The new English/Welsh appointments will have to be content with Rt Hon Sir John Snooks. After natural wastage over a few years the result will be a Supreme Court with - apparently - Scottish Law Lords but only English Knights. The law of unintended consequences?
Squire Haggard, Hampshire, UK
There is no "probably" about what the new title of the law lords will be. Section 23 (6) of the Constitutional Reform Act 2005 states unequivocally that: 'The judges other than the President and Deputy President are to be styled âJustices of the Supreme Courtâ'.
Justinian, Berks, UK