Law Weblog

And then there were 12

Sunday 28 March 2010 at 6:04 pm | In News | Post Comment Sir John Dyson is the first appointed justice of the Supreme Court, the UK’s highest court, after the post had been vacant for 8 months. The other 11 just moved from the House of Lords Judicial Committee.

Whilst he is undoubtedly an excellent choice, the process of selection has been exposed as a sham involving many months of behind the scenes wrangling.
Jonathan Sumption, QC, the original favourite, withdrew his application after furious resistance from senior judges. Sumption has not sat as a full-time judge. Yet the Constitutional Reform Act 2005 does not require someone to have served in the High Court or Court of Appeal, and the advertisement for the post reflected that.

Even before 2005, direct appointments were rare but in 1887 Lord McNaughton was appointed from the Bar, as was Lord Radcliffe in 1949. Lord Chancellors were also appointed from the Bar and by virtue of their office sat as law lords.

Lord Falconer, the former Lord Chancellor said, “We were very keen to open up the Supreme Court beyond simply the Court of Appeal judges. If he [Sumption] was the best man for the job, that he did not come from the usual pool should not have been a reason for rejecting him.”

The Sumption episode has left a nasty taste, has undermined the legislation and has failed to bring fresh blood to the judiciary.