Frances Gibb
Grab an Italian masterpiece for less
The creation of the United Kingdom’s first Supreme Court which comes into being today, has overwhelming support among lawyers — and they also predict that it will flex its muscles to become more powerful, in time, than the law lords that it replaces.
A survey of The Times Law panel, our sounding board of 100 leading lawyers across all specialisms, shows that three quarters believe that the reform is “worthwhile” and two thirds also believe that the move will not just mean business as usual. In the longer term, they say, the Supreme Court justices will be more activist — with the potential of more clashes with government.
On the face of it, the reform may look just like moving house to a newly refurbished building. The law lords, as they were, become Supreme Court justices, with new facilities: a library, newly refurbished courtrooms, even a chill out room and a new crest, not to mention the carpet designed by Peter Blake, best known for his cover of the Beatles’ Sgt. Pepper's album.
The move has taken six years to plan amid extensive debate, not least over the site, finally chosen on the opposite side of Parliament Square from the Palace of Westminster, and flanked appropriately by buildings representing the executive and the Church — the Treasury on one side and Westminster Abbey on the other.
But after spending £77 million (opposition MPs say £100 million), will it just be business as usual?
Vanessa Barnett, a media lawyer at Berwin Leighton Paisner, says that moving house is the right analogy: “Always worthwhile in the end, however long it takes”, and predicting: “It’s not until you flee the nest that you have any idea of what possibilities there are in life ... and I expect the Supreme Court to have such an experience.”
The public law silk, Richard Gordon, QC, believes that the new name alone will influence what the justices do and he predicts that it will be “more activist”. He says: “It shares the name of its US counterpart, which is a court with virtually unlimited power. In a new setting and with a new name, the justices will feel it incumbent upon them to do something new. Inevitably, as it seems to me, it will adopt a more constitutional stance that will involve more clashes with central government.”
Nigel Tait, a libel lawyer with Carter-Ruck, predicts that the new justices will be more ready to interfere with legislation or as Owen Warnock, employment lawyer with Eversheds, puts it, to have “less sympathy with the executive and more inclination to intervene in government”. Michael Fordham, QC, another public law silk, agrees: “This is a clean start ... this change will rightly encourage a fresh look at old restrictions in the approach to Parliament and constitutional rights”. Freed from the “inapt” former name and links to Parliament, he says, “an independent constitutional court can rise to the task of guaranteeing the rule of law and protection of human rights”.
The law lords, the panel agree, have an excellent record in robust independence. But the physical separation from the House of Lords will make a difference — if only to public perception. Robin Fry, a copyright lawyer with Beachcroft, says that the new court will bring “confident and independent oversight of the executive without the corrosive influence of our most senior judges also being members of that most enticing club — the House of Lords”.
Ben Rose, a partner with Hickman & Rose, agrees that greater clarity between the arms of the constitution is important. Lack of clarity can be “corrosive” and foment mistrust, he says, as seen over the role of the Attorney-General in giving legal advice on the war in Iraq. But he does not think that the new court, with its “cautious judiciary”, will flex its muscles. “It is an important change but won’t cause a revolution.” Conversely Roger Bamber, a family lawyer with Mills & Reeve, disagrees that the reform is worthwhile but predicts that it will enhance judicial power.
A substantial minority do not support the reform and many also believe that nothing will change. Neil Kitchener, QC, observes that “it will make no difference” and that there is “no reason to believe that the new court will behave in any way differently to the old court”. Ronnie Fox, the employment lawyer at Fox solicitors, who dismisses the reform as “expensive political posturing”, agrees and the Chancery silk Michael Todd says that the law lords “have always displayed independence”. The notion that they will act any differently in the Supreme Court “is fanciful”. Frances Hughes, a family lawyer with Hughes Fowler Carruthers, says: “The judges’ independence from the Government is not an issue.”
Either way, greater transparency will be important: the public will have a better idea of what the court is for. As Richard Linsell, of Addleshaw Goddard, predicts, the public will “grow to appreciate [the justices’] role and more clearly understand how ‘freedom under the rule of law’ works in a modern democracy”.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
to £60K + bonus (OTE £90k)
Lord Search & Selection
Location Flexible
PwC’s Consulting practice helps businesses of all shapes
and sizes work smarter and grow faster.
£85k
CPA
Highly Competitve
Specsavers
Whiteley, near Southampton
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Your Comments
Order By: