Sir Nicholas Edward Underhill (born 12 May 1952), styled The Rt Hon. Lord Justice Underhill, is a British judge of the

Court of Appeal of England and Wales The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...

. He was educated at

Winchester College Winchester College is an English Public school (United Kingdom), public school (a long-established fee-charging boarding school for pupils aged 13–18) with some provision for day school, day attendees, in Winchester, Hampshire, England. It wa ...

and

New College, Oxford New College is a constituent college of the University of Oxford in the United Kingdom. Founded in 1379 by Bishop William of Wykeham in conjunction with Winchester College as New College's feeder school, New College was one of the first col ...

Legal career

Underhill was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...

1976 (elected a bencher 2000). He became a

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in 1992. He was appointed a Recorder in 1994 and was authorised as a deputy High Court judge in 1998. From 2000 to 2003, he was a temporary additional judge of the Employment Appeal Tribunal. He served as Attorney-General to the Prince of Wales from 1998 to 2006. On 30 January 2006, Underhill was appointed a High Court judge, receiving the customary

knighthood A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...

, and assigned to the

Queen's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...

. He was a judge of the Employment Appeal Tribunal from 2006 to 2013, and its president from 2009 to 2011. On 9 April 2013, he was appointed a

Lord Justice of Appeal A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Just ...

and consequently appointed to the Privy Council. Underhill was chair of the Bar Pro Bono Unit (2002–2005). He has served as a trustee of

St John's, Smith Square Smith Square Hall (formerly St John's Smith Square) is a concert hall in the centre of Smith Square, City of Westminster, Westminster, London. Its name was changed by its current operator, Sinfonia Smith Square, in 2024. Originally a church, ...

since 1996 and as chair since 2010. He is also a trustee of the

London Library The London Library is an Subscription library, independent lending library in London, established in 1841. Membership is open to all, on payment of an annual subscription, with life and corporate memberships also available. As of December 2023 ...

, having served since 2008, and has been vice chair since 2011. He received an Honorary Fellowship from

in 2015.

List of cases

*'' Wilson v United Kingdom''

002 002, 0O2, O02, OO2, or 002 may refer to: Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 OO2, the minor planet 7499 L'Aquila *1990 OO2, the asteroid 9175 Graun Fiction *002, fictional British 00 Agent *''002 Operazione Luna'' ...

ECHR 552, acting for the

Daily Mail The ''Daily Mail'' is a British daily Middle-market newspaper, middle-market Tabloid journalism, tabloid conservative newspaper founded in 1896 and published in London. , it has the List of newspapers in the United Kingdom by circulation, h ...

. Lost. *'' Byrne Bros (Formwork) Ltd v Baird''

ICR 667, subordination and dependence as the keys to employee status. Rejected by the Supreme Court in '' Clyde & Co LLP v Bates van Winkelhof''

014 014 may refer to: * Argus As 014 The Argus As 014 (designated 109-014 by the Ministry of Aviation (Germany), RLM) was a pulsejet engine used on the German V-1 flying bomb of World War II, and the first model of pulsejet engine placed in mass pr ...

UKSC 32, 9 *''R v

Barnet London Borough Council Barnet London Borough Council, also known as Barnet Council, is the local authority for the London Borough of Barnet in Greater London, England. It is a London borough council, one of 32 in London. The council has been under Labour majority cont ...

ex parte Nash'', 2013 High Court of Justice
THE QUEEN ON THE APPLICATION OF MARIA STELLA NASH, Claimant - and - BARNET LONDON BOROUGH COUNCIL, Defendant -and- CAPITA PLC, EC HARRIS LLP, CAPITA SYMONDS, Interested Parties
delivered 29 April 2013, accessed 3 December 2022 *'' Reilly v Secretary of State for Work and Pensions'' 016EWCA Civ 413, saying the government breached the Human Rights Act, but suggesting the government needed to do nothing *''Pharmacists Defence Association Union v Secretary of State for Business, Innovation and Skills''

017 017 may refer to: * DOL-017, GameCube console * '' Global Underground 017'', DJ mix album * Road FC 017, 2014 Mixed Martial Arts event * Swift 017.n, racing car * Tyrrell 017, Formula One racing car See also * 17 (disambiguation) Seventeen o ...

EWCA Civ 66, refusing recognition of a trade union, unless a sham union was first derecognised *'' Uber BV v Aslam'' 018EWCA Civ 2748, dissenting to hold drivers were not workers. Rejected by the Supreme Court,

021 069 is: * in Brazil, the telephone area code for the city of Rio de Janeiro and surrounding cities (Greater Rio de Janeiro) * in China, the telephone area code for the city of Shanghai. * in Indonesia, the area code for the city of Jakarta and su ...

UKSC 5. *'' IWGB v Roofoods Ltd''

EWCA 952, holding

Deliveroo Deliveroo is a British multinational online food delivery company headquartered in London, United Kingdom. It operates in the United Kingdom, France, Belgium, Ireland, Italy, Singapore, the United Arab Emirates, Kuwait, and Qatar. It formerly ...

cyclists did not have a human right to join trade unions *'' Adedeji v University Hospitals Birmingham NHS Foundation Trust''

EWCA Civ 23, Underhill approving the refusal of a claim that was 3 days late under the

Equality Act 2010 The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...

References

1952 births Living people People educated at Winchester College Alumni of New College, Oxford British barristers Knights Bachelor Members of Gray's Inn Queen's Bench Division judges Lord justices of appeal Members of the Privy Council of the United Kingdom English King's Counsel {{UK-law-bio-stub