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Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the
Appellate Jurisdiction Act 1876 The Appellate Jurisdiction Act 1876 ( 39 & 40 Vict c 59) was an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords by allowing senior judges to sit in the House of Lords as life peers, known as ...
to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included acting as the highest
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
for most domestic matters. The House of Lords lost its judicial functions upon the establishment of the
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
in October 2009. Lords of Appeal in Ordinary then in office automatically became
Justices 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 the deputy president. The Supreme Court is the highest court of the United Kingdom for civil and crimin ...
, and those Supreme Court justices who already held seats in the House of Lords lost their right to speak and vote there until after retirement as Justices of the new court.


Background

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 did 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 January 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 Parke, a judge, was created a life peer as ''Baron Wensleydale''. As the House of Lords eventually decided that a peerage "for the term of his natural life" did not allow him to sit and vote, Parke also received a hereditary peerage on 23 July 1856. In 1873
William Ewart Gladstone William Ewart Gladstone ( ; 29 December 1809 – 19 May 1898) was a British statesman and Liberal politician. In a career lasting over 60 years, he served for 12 years as Prime Minister of the United Kingdom, spread over four non-conse ...
's government passed the
Judicature Act Judicature Act is a term which was used in the United Kingdom for legislation which related to the Supreme Court of Judicature. List United Kingdom :The Supreme Court of Judicature Act 1873 (36 & 37 Vict. c.66) :The Supreme Court of Judicature ...
, which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February 1874, before the Act came into force, Gladstone's Liberal Government fell. The Conservative
Benjamin Disraeli Benjamin Disraeli, 1st Earl of Beaconsfield, (21 December 1804 – 19 April 1881) was a British statesman and Conservative politician who twice served as Prime Minister of the United Kingdom. He played a central role in the creation o ...
became Prime Minister. In 1874 and 1875 Acts were passed delaying the coming into force of the Judicature Act 1873. The
Appellate Jurisdiction Act 1876 The Appellate Jurisdiction Act 1876 ( 39 & 40 Vict c 59) was an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords by allowing senior judges to sit in the House of Lords as life peers, known as ...
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. In 1889, however, an Act was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office.


Qualifications and functions


Qualifications of candidates for appointment

To be appointed a Lord of Appeal in Ordinary under the 1876 Act, a person was required to have been a practising barrister for a period of fifteen years or to have held a high judicial office—as Lord Chancellor (before 2005) or judge of the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
, High Court or
Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...
—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
baron Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...
s they continued to serve as members of the House of Lords in its legislative capacity for life.


Letters patent appointing Lords of Appeal in Ordinary

While letters patent issued by the Monarch under the terms of the
Life Peerages Act 1958 The Life Peerages Act 1958 established the modern standards for the creation of life peers by the Sovereign of the United Kingdom. Background This Act was made during the Conservative governments of 1957–1964, when Harold Macmillan was Prime M ...
just name the recipient of the life peerage, letters patent issued under the terms of the Appellate Jurisdiction Act 1876 also name the retired Lord of Appeal in Ordinary in whose stead the recipient is appointed. In the final form used in 2009, these read:
Elizabeth the Second by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith / To whom these Presents shall come Greeting / Whereas Our 'name of retired Lord of Appeal in Ordinary''has resigned his Office of a Lord of Appeal in Ordinary and the same is now vacant Now Know Ye that We of Our especial grace have in pursuance of the Appellate Jurisdiction Act 1876 as amended by subsequent enactments nominated and appointed and by these Presents Do nominate and appoint Our 'name of the new appointee''to be a Lord of Appeal in Ordinary by the style of full_peerage_title_of_the_new_appointee''.html" ;"title="Peerages in the United Kingdom#Form of title">full peerage title of the new appointee''">Peerages in the United Kingdom#Form of title">full peerage title of the new appointee''to hold the said Office so long as he shall well behave himself therein subject to the provisions in the said Act mentioned with all wages profits privileges rank and precedence whatsoever to the said Office belonging or in anywise appertaining and to hold the said style of Baron unto him the said 'name of the new appointee''during his life / In Witness whereof We have caused these Our Letters to be made Patent / Witness Ourself at Westminster the 'day''day of 'month''in the 'year''Year of Our Reign.


Retirement age of Lords of Appeal in Ordinary

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 was at 70 years of age (though they were 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.


Number of Lords of Appeal in Ordinary

The Appellate Jurisdiction Act 1876 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, with the style and dignity of
baron Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knigh ...
. The number of Lords of Appeal in Ordinary was increased incrementally over the years—to three in 1882, to four in 1891, to six in 1913, to seven in 1929, to nine in 1947, to eleven in 1968 and to twelve in 1994. The
Administration of Justice Act 1968 Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administ ...
allowed the Sovereign to make a
Statutory Instrument In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instrumen ...
, if each House of Parliament passed a resolution approving a draft of the same, increasing the maximum number of Lords of Appeal in Ordinary.


Remuneration

Only Lords of Appeal in Ordinary received salaries: in 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.


Lords of Appeal

In exercising the judicial functions of the House of Lords, Lords of Appeal in Ordinary were sometimes joined by other Lords of Appeal. Lords of Appeal included holders or former holders of high judicial office who were members of the House of Lords, but not by virtue of the Appellate Jurisdiction Act (e.g. life peers under the
Life Peerages Act 1958 The Life Peerages Act 1958 established the modern standards for the creation of life peers by the Sovereign of the United Kingdom. Background This Act was made during the Conservative governments of 1957–1964, when Harold Macmillan was Prime M ...
). The Lords of Appeal continue to hold the style for life.


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 Ordinary The President of the Supreme Court of the United Kingdom 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 among the Lords of Appeal in Ordinary (the ju ...
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 James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously be ...
succeeded to this position on
Lord Hoffmann Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break w ...
's retirement on 20 April 2009.


See also

* Judicial functions of the House of Lords * Judicial Committee of the Privy Council *
List of Lords of Appeal in Ordinary This is a list of life peerages in the peerage of the United Kingdom created under the Appellate Jurisdiction Act 1876. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed by Schedule 18 to the Constitutional Reform Act 2005 owi ...
*
List of law life peerages This is a list of life peerages in the peerage of the United Kingdom created under the Appellate Jurisdiction Act 1876. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed by Schedule 18 to the Constitutional Reform Act 2005 owi ...
* Nobles of the Robe


Sources

* *


References

{{Judiciary of England and Wales, state=collapsed Former courts and tribunals in the United Kingdom