David Neuberger, Baron Neuberger of Abbotsbury
David Edmond Neuberger, Baron Neuberger of Abbotsbury, PC, GBS, HonFRS is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017, he was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court in 2012, he serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, his wife, Lilian, his uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmingham, Michael Neuberger was Professor of Molecular Immunology at the University of Cambridge, while Anthony Neuberger is Professor in Finance at Warwick Business School, University of Warwick.
He was educated at Westminster School, studied chemistry at Christ Church, Oxford. After graduation, Neuberger worked at the merchant bank, N M Rothschild & Sons, from 1970–73. Neuberger was called to the Bar at Lincoln's Inn in 1974, where he became a Bencher in 1993, he became a Queen's Counsel in 1987. He was a Recorder from 1990 to 1 October 1996, when he was appointed a High Court Judge in the Chancery Division and received the customary knighthood. In 2001, he was made Supervisory Chancery Judge of Midland and Chester, of the Western Circuits, a post he held until 12 January 2004, when he was appointed a Lord Justice of Appeal and a member of the Privy Council. Since 2005, he has been co-chair of ITAC. On 11 January 2007, he succeeded Lord Nicholls of Birkenhead as a Lord of Appeal in Ordinary and was made a life peer as Baron Neuberger of Abbotsbury, of Abbotsbury in the County of Dorset, introduced in the House of Lords on 15 January 2007 between Lord Bingham of Cornhill and his sister-in-law, Baroness Neuberger.
His rise to the Court of Appeal and to the House of Lords is one of the quickest in recent times. Although Lord Devlin was, at 55 younger on his own appointment to the House of Lords in 1960, Neuberger was the youngest sitting Law Lord, it was announced on 23 July 2009 that he would be appointed the next Master of the Rolls, succeeding Lord Clarke of Stone-cum-Ebony, who became one of the inaugural Justices of the Supreme Court on the retirement of Lord Scott of Foscote. This appointment took effect on 1 October 2009. Between 2006 and 2007, he led an investigation for the Bar Council into widening access to the Bar, he served on the Panel on Fair Access to the Professions, led by former Health Secretary Alan Milburn, which reported in July 2009. Other Panel members included Trevor Phillips, head of the Commission for Equalities and Human Rights, Michael Grade, Chairman of ITV, Martin Rees, Astronomer Royal. In May 2010, Neuberger gave a controversial, ex tempore dissenting judgment that the trade union Unite had not complied with ballot rules under trade union legislation.
In July 2010 Neuberger ruled that peace protesters in Parliament Square who had camped out in Democracy Village should be evicted after the protesters lost an appeal. In May 2011, while commenting on super injunctions, he said that social media sites like Twitter were "totally out of control" and society should consider ways to bring such websites under control. In July 2012, it was announced that Neuberger would succeed Lord Phillips of Worth Matravers as President of the Supreme Court, which post he took up on 1 October 2012. In February 2017, it was announced that Neuberger was stepping down "in the Summer" from his role in the Supreme Court and retiring. In re Osiris Insurance Ltd 1 BCLC 182 Re Park House Properties 2 BCLC 530 Yuen v McDonald's Corp Daily Telegraph, 6 December 2001 Re T&D Industries plc BCC 956 Krasner v McMath St Helen's MBC v Derbyshire UKHL 16, ICR 841 Stack v Dowden 2 AC 432, Lord Neuberger gave a powerful dissenting speech in which he warned the majority of violating "principle", departing from established precedence and complicating judicial tasks.
Ladele v London Borough of Islington British Airways plc v Unite the Union EWCA Civ Manchester City Council v Pinnock UKSC 45, Lord Neuberger MR sitting in the Supreme Court along with 8 other Justices giving the only judgment, The Public Prosecution Service v William Elliott and Robert McKee UKSC 32 Jetivia SA v Bilta Limited UKSC 23 Marks and Spencer plc v BNP Paribas Securities Services Trust Company Ltd UKSC 72 He was elected an Honorary Fellow of the Royal Society in 2017. In 2018, Neuberger was awarded the Gold Bauhinia Star by the Chief Executive of Hong Kong. In 1976, Neuberger married the TV producer and writer, they have three children, Jessica and Max, who are all solicitors. Neuberger's sister-in-law, through his brother Anthony Neuberger, is Julia Neuberger, Baroness Neuberger, Senior Rabbi of the West London Synagogue. Neuberger was Chairman of the Schizophrenia Trust from 2003 to 2013, when it merged with and was subsumed by Mental Health Research UK: he is now a Trustee of MHRUK.
He was a Governor of the University of the Arts London between 2000 and 2010. He was President of the British Records Association from 2009 to 2012. Bill Jones. Politics UK. Routledge. P. 442. ISBN 9781317581031
A barrister is a type of lawyer in common law jurisdictions. Barristers specialise in courtroom advocacy and litigation, their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy and history of law, giving expert legal opinions. Barristers are recognised as legal scholars. Barristers are distinguished from solicitors, who have more direct access to clients, may do transactional-type legal work, it is barristers who are appointed as judges, they are hired by clients directly. In some legal systems, including those of Scotland, South Africa, Pakistan, India and the British Crown dependencies of Jersey and the Isle of Man, the word barrister is regarded as an honorific title. In a few jurisdictions, barristers are forbidden from "conducting" litigation, can only act on the instructions of a solicitor, who performs tasks such as corresponding with parties and the court, drafting court documents. In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation.
This allows a barrister to practise in a'dual capacity', fulfilling the role of both barrister and solicitor. In some countries with common law legal systems, such as New Zealand and some regions of Australia, lawyers are entitled to practise both as barristers and solicitors, but it remains a separate system of qualification to practise as a barrister. A barrister, who can be considered as a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction. A barrister presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in evidence law and court practice and procedure. In contrast, a solicitor meets with clients, does preparatory and administrative work and provides legal advice. In this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, manage the day-to-day administration of a lawsuit. A solicitor can provide a crucial support role to a barrister when in court, such as managing large volumes of documents in the case or negotiating a settlement outside the courtroom while the trial continues inside.
There are other essential differences. A barrister will have rights of audience in the higher courts, whereas other legal professionals will have more limited access, or will need to acquire additional qualifications to have such access; as in common law countries in which there is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers have particular knowledge of case law and the skills to "build" a case; when a solicitor in general practice is confronted with an unusual point of law, they may seek the "opinion of counsel" on the issue. In most countries, barristers operate as sole practitioners, are prohibited from forming partnerships or from working as a barrister as part of a corporation. However, barristers band together into "chambers" to share clerks and operating expenses; some chambers grow to be large and sophisticated, have a distinctly corporate feel. In some jurisdictions, they may be employed by firms of solicitors, banks, or corporations as in-house legal advisers.
In contrast and attorneys work directly with the clients and are responsible for engaging a barrister with the appropriate expertise for the case. Barristers have little or no direct contact with their'lay clients' without the presence or involvement of the solicitor. All correspondence, invoices, so on, will be addressed to the solicitor, responsible for the barrister's fees. In court, barristers are visibly distinguished from solicitors by their apparel. For example, in Ireland and Wales, a barrister wears a horsehair wig, stiff collar, a gown. Since January 2008, solicitor advocates have been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the higher courts, but in Great Britain this has now been abolished, solicitor advocates can appear for clients at trial. Firms of solicitors are keeping the most advanced advisory and litigation work in-house for economic and client relationship reasons.
The prohibition on barristers taking instructions directly from the public has been abolished. But, in practice, direct instruction is still a rarity in most jurisdictions because barristers with narrow specializations, or who are only trained for advocacy, are not prepared to provide general advice to members of the public. Barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, still the case. In other areas, it is common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a'brief fee' when a brief is delivered, this represents the bulk of her/his fee in relation to any trial, they are usually entitled to a'refresher' for each day of the trial after the first. But if a case is settled before the trial, the barrister is not needed and the brief fee would be wast
First Minister of Scotland
The First Minister of Scotland is the leader of the Scottish Government. The First Minister chairs the Scottish Cabinet and is responsible for the formulation and presentation of Scottish Government policy. Additional functions of the First Minister include promoting and representing Scotland in an official capacity, at home and abroad, responsibility for constitutional affairs, as they relate to devolution and the Scottish Government; the First Minister is a Member of the Scottish Parliament and nominated by the Scottish Parliament before being appointed by the monarch. Members of the Cabinet and junior ministers of the Scottish Government as well as the Scottish law officers, are appointed by the First Minister; as head of the Scottish Government, the First Minister is directly accountable to the Scottish Parliament for their actions and the actions of the wider government. Nicola Sturgeon of the Scottish National Party is the current First Minister of Scotland. Following a referendum in 1997, in which the Scottish electorate gave their consent, a Scottish Parliament and Scottish Government were reconvened by the Labour government of Tony Blair, having been suspended following the Acts of Union in 1707.
The process was known as devolution and was initiated to give Scotland some measure of home rule or self-governance in its domestic affairs, such as health and justice. Devolution resulted in administrative and legislative changes to the way Scotland was governed, resulted in the establishment of a post of First Minister to be head of the devolved Scottish Government; the term "First Minister" is analogous to the use of Premier to denote the heads of government in sub-national entities of Commonwealth nations, such as the provinces and territories of Canada, provinces of South Africa, states of Malaysia and the states of Australia. Prior to devolution the comparable functions of the First Minister were exercised by the Secretary of State for Scotland, who headed the Scottish Office, a department of the wider United Kingdom Government and existed from 1885 to 1999; the Secretary of State was a member of the British Cabinet and appointed by the Prime Minister of the United Kingdom to have responsibility for the domestic affairs of Scotland.
Since 1999, the Secretary of State has a much reduced role as a result of the transfer of responsibilities to the Scottish Parliament and Scottish Government. The First Minister is nominated by the Scottish Parliament from among its members at the beginning of each term, by means of an exhaustive ballot, they are formally appointed by the monarch. In theory, any member of the Scottish Parliament can be nominated for First Minister. However, the government must maintain the confidence of the Scottish Parliament to in order to gain supply. For this reason, the First Minister is always the leader of the largest party, or the leader of the senior partner in any majority coalition. There is no term of office for a First Minister. In practice, they hold office as long. Whenever the office of First Minister falls vacant, the Sovereign is responsible for appointing the new incumbent. Given the additional member system used to elect its members, it is difficult for a single party to gain an overall majority of seats in the Scottish Parliament.
The SNP gained an overall majority of seats in the 2011 election, thus had enough numbers to vote in its leader, Alex Salmond, as First Minister for a second term. After the election of the Scottish Parliament, a First Minister must be nominated within a period of 28 days. Under the terms of the Scotland Act, if the Parliament fails to nominate a First Minister, within this time frame, it will be dissolved and a fresh election held. If an incumbent First Minister is defeated in a general election, they do not vacate office; the First Minister only leaves office. After accepting office, the First Minister takes the Official Oath, as set out in the Promissory Oaths Act 1868; the oath is tendered by the Lord President of the Court of Session at a sitting of the Court in Parliament House in Edinburgh. The oath is: I, do swear that I will well and serve Her Majesty Queen Elizabeth in the office of First Minister, So help me God; the period in office of a First Minister is not linked to the term of Members of the Scottish Parliament.
The Scotland Act set out a four-year maximum term for each session of Parliament. The Act specifies than an election to the Scottish Parliament will be held on the first Thursday in May, every four years, starting from 1999. Parliament can be dissolved and an extraordinary general election held, before the expiration of the four-year term, but only if two-thirds of elected MSPs vote for such action in a resolution of the Scottish Parliament. If a simple majority of MSPs voted a no-confidence motion in the First Minister/Government, that would trigger a 28-day period for the nomination of a replacement; the First Minister, once appointed continues in office as the head of the devolved Scottish Government until either they resign, is dismissed or dies in office. Resignation can be triggered off by the passage of
Judges of the Supreme Court of the United Kingdom
The Judges of the Supreme Court of the United Kingdom include the President, the Deputy President, Justices of the Supreme Court of the United Kingdom. The Supreme Court is the highest in the whole of the United Kingdom for civil matters, for criminal matters from the United Kingdom jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the Queen on the advice of the Prime Minister, who receives recommendations from a selection commission; the number of judges is set by s.23 Constitutional Reform Act 2005, which established the Court, but may be increased by the Queen through an Order in Council under s.23. There are 12 positions: one President, one Deputy President, 10 Justices. Judges of the Court who are not peers are granted the style Lord or Lady for life; the Constitutional Reform Act 2005 sets out conditions for appointment as a President, Deputy President or Justice of the Court. That person must have held high judicial office for at least two years, or have held rights of audience at the higher courts of England, Scotland or Northern Ireland for at least fifteen years.
This means it is not necessary for someone applying to become a judge of the Supreme Court to have previous judicial experience. Judges of the Supreme Court are appointed by The Queen by the issue of letters patent, on the advice of the Prime Minister, to whom a name is recommended by a special selection commission; the Prime Minister is required by the Constitutional Reform Act to recommend this name to the Queen and not permitted to nominate anyone else. The selection commission is made up of the President and Deputy President of the Court, a member each from the Judicial Appointments Commission, the Judicial Appointments Board for Scotland and the Northern Ireland Judicial Appointments Commission. Should either the President's or Deputy President's place on the commission be unfilled, that place is to be taken by the most senior ordinary judge of the court, should both offices be vacant, by the most senior and second most senior ordinary judges of the court. Once the commission is formed, there are a number of people.
The first group is a set of "senior judges" defined by the Act who do not wish to be considered for nomination. Section 60 of the Act defines "the senior judges" as the other judges of the Supreme Court, the Lord Chief Justice of England and Wales, the Master of the Rolls, the Lord President of the Court of Session, the Lord Chief Justice of Northern Ireland, the Lord Justice Clerk, the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court. In the event that no judge from one of the UK's three jurisdictions has been consulted, the commission must consult the most senior judge in that jurisdiction, not a member of the commission and does not wish to be considered for appointment; the commission is also required to consult the Lord Chancellor, the First Minister of Scotland, the First Minister for Wales and the Secretary of State for Northern Ireland. The selection must be made on merit, in accordance with the qualification criteria of section 25 of the Act, of someone not a member of the commission, ensuring that the judges will have between them knowledge and experience of all three of the UK's distinct legal systems, having regard to any guidance given by the Lord Chancellor, of one person only.
Once the commission has selected a nomination to make, this is to be provided in a report to the Lord Chancellor, required to consult the judges and politicians consulted by the commission before deciding whether to recommend a name to the Prime Minister, who in turn advises the Queen to make the appointment. The Act provides for up to three stages in the Lord Chancellor's consideration of whether to do so: When the selection is first put forward, the Lord Chancellor is entitled to accept the nomination, to reject it, or to ask the commission to reconsider it. If the nomination was rejected in Stage One, the commission must put forward a new name for Stage Two; the Lord Chancellor must either ask the commission to reconsider. If instead the Lord Chancellor asked for reconsideration at Stage One, the commission may either put forward the same name or a new one. In either case, the Lord Chancellor must either reject the name. In other words, the Lord Chancellor has one opportunity to reject and one to ask for reconsideration.
At Stage Three, the name put forward by the commission must be accepted and forwarded to the Prime Minister, with one caveat: in the event the commission was asked to reconsider a name and forwarded a new name, the Lord Chancellor may choose to accept the earlier name. The Supreme Court was established on 1 October 2009 and assumed the former judicial functions of the House of Lords, which were removed by the Constitutional Reform Act 2005, the twelve Lords of Appeal in Ordinary became judges of the Supreme Court, except for Lord Scott of Foscote, who retired the day before the Court began business, Lord Neuberger of Abbotsbury, who resigned to become Master of the Rolls; the former Master of the Rolls, Lord Clarke of Stone-cum-Ebony, became a judge of the Supreme Court on its first day, the first
Richard Scott, Baron Scott of Foscote
Richard Rashleigh Folliott Scott, Baron Scott of Foscote PC, is an India-born British judge, who held the office of Lord of Appeal in Ordinary. The son of Lieutenant-Colonel C. W. F. and Katharine Scott, Scott was born on 2 October 1934 and educated at Michaelhouse School, Natal in South Africa. He studied at the University of Cape Town, where he received a Bachelor of Arts degree in 1954, Trinity College, where he received a B. A in 1957 and a Blue in rugby, he spent a year as Bigelow Fellow at the University of Chicago, where he met his future wife, Rima Elisa Ripoll, from Panama. Scott was called to the bar by the Inner Temple in 1959, becoming a Bencher in 1981. From 1960 to 1983, he practised at the Chancery Bar, was appointed a Queen's Counsel in 1975. In 1980, Scott was appointed Attorney-General of the Duchy of Lancaster, a post he held until 1983, he was Vice-Chairman of the Bar from 1981 to 1982, chairman from 1982 to 1983. Scott was appointed a judge of the High Court of Justice in 1983, sitting in the Chancery Division, received the customary knighthood.
From 1987 to 1991, he held the office of Vice-Chancellor of the County Palatine of Lancaster, which has responsibility for overseeing Chancery business in the North of England. He was promoted to the Court of Appeal in 1991, becoming a Lord Justice of Appeal and receiving an appointment to the Privy Council, serving as Vice-Chancellor, the head of the Chancery Division, from 1994 to 2000, Head of Civil Justice from 1995 to 2000. On 17 July 2000, he was appointed a Lord of Appeal in Ordinary and created a life peer as Baron Scott of Foscote, of Foscote in the County of Buckinghamshire, he retired from this post on 30 September 2009, did not transfer along with the other Lords of Appeal of ordinary to the new Supreme Court of the United Kingdom. The vacancy on the bench his retirement created was filled by Lord Clarke of Stone-cum-Ebony Master of the Rolls, he sat as a crossbencher until his retirement from the House of Lords on 21 December 2016. In 2003, he was appointed a non-permanent member of Hong Kong's Court of Final Appeal, while serving there, he is known by his Chinese name.
He left the court in 2012. Notable judicial decisions of Lord Scott included: Cumbrian Newspapers Group Ltd v Cumberland & Westmorland Herald Newspaper & Printing Co Ltd BCLC 286 - leading authority on class rights of shares In 1992, while a Lord Justice of Appeal, was appointed to chair an inquiry into the Arms-to-Iraq scandal, in which it was claimed the British government had supported British companies in selling defence equipment to Iraq; the report was published in 1996. In 2001, Scott said it was "regrettable and disappointing" the Government had not made changes to the law regulating the arms trade. Lord Scott has been married to Rima Elisa Ripoll since 1959, they have two daughters. "DodOnline". Retrieved 10 November 2006
First Minister of Wales
The First Minister of Wales is the leader of the Welsh Government, Wales' devolved administration. The First Minister is responsible for the exercise of functions by the Cabinet of the Welsh Government; the official office of the First Minister is in Tŷ Hywel known as Crickhowell House, the Senedd in Cardiff Bay. An office is kept at the Crown Buildings, Cathays Park, Cardiff; when set up under the Government of Wales Act 1998, Section 53, the post was known as Assembly First Secretary, as Wales was given a less powerful assembly and executive than either Northern Ireland or Scotland. The choice of title was attributed to the fact that the Welsh term for First Minister, Prif Weinidog, may be translated as Prime Minister, so a different title was chosen to avoid confusion with the Prime Minister of the United Kingdom; the change of title occurred after the Liberal Democrats formed a coalition government with Labour in the Welsh Assembly in October 2000. The Government of Wales Act 2006 allowed for the post to be known as the First Minister and made the First Minister Keeper of the Welsh Seal.
Candidates for the position of First Minister are nominated by the members of the National Assembly for Wales. The members elect the nominee for the First Minister by majority vote. If no one is elected by a majority of votes cast with the first set of nominations, the process continues until a majority decide to cast their vote for one candidate; this process does not require an absolute majority of the National Assembly Once this process has occurred the Presiding Officer shall formally send a letter to the Current Monarch who must appoint that nominee to the position of First Minister. Under the arrangements in the Government of Wales Act 1998, executive functions are conferred on the National Assembly for Wales and separately delegated to the First Minister and to other Cabinet Ministers and staff as appropriate; until the Government of Wales Act 2006, these were delegated powers of the UK government. Since that Act came into force in May 2007, the First Minister is appointed by the monarch and represents the Crown in Wales.
Whilst this has little practical difference, it was a huge symbolic shift as for the first time the head of government in Wales is appointed by the Crown on the advice of the elected representatives of the Welsh people. The First Minister appoints the Welsh Ministers, Deputy Welsh Ministers and the Counsel General for Wales, with the approval of Her Majesty. Following separation between the legislative and the executive on the enactment of the Government of Wales Act 2006, the Welsh Ministers exercise functions in their own right. Any further transfers of executive functions from the UK Government will be made directly to the Welsh Ministers by an Order in Council approved by Parliament; the First Minister is accountable and responsible for: Exercise of functions by the Cabinet of the Welsh Government. Policy development and coordination of policy; the relationships with the rest of the United Kingdom and Wales Abroad. Staffing/Civil Service List of current heads of government in the United Kingdom and dependencies Deputy First Minister for Wales Welsh Government Dates are from World Statesmen and various BBC News Online articles from 1999 to 2003.
Roles and Responsibilities. Welsh Government: Cabinet and ministers
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second-most senior judge in England and Wales after the Lord Chief Justice, serves as President of the Civil Division of the Court of Appeal and Head of Civil Justice. The position dates from at least 1286, although it is believed that the office existed earlier than that; the Master of the Rolls was a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, as such acted as keeper of the Great Seal of the Realm; the post evolved into a judicial one. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Rolls joined the Chancery Division of the High Court and the Court of Appeal, but left the Chancery Division by the terms of the Judicature Act 1881; the Master of the Rolls had been warden of the little-used Domus Conversorum for housing Jewish converts, which led to the house and chapel being used to store legal documents and becoming the location of the Public Record Office.
He retained his clerical functions as the nominal head of the Public Record Office until the Public Records Act 1958 transferred responsibility for it to the Lord Chancellor. One residual reminder of this role is the fact that the Master of the Rolls of the day continues to serve, ex officio, as President of the British Records Association; the Master of the Rolls was previously responsible for registering solicitors, the officers of the Senior Courts. One of the most prominent people to hold the position was Thomas Cromwell, a influential figure during the reign of Henry VIII. On 3 October 2016, Sir Terence Etherton succeeded Lord Dyson as Master of the Rolls. Category:Masters of the Rolls Hanworth, Lord. "Some Notes on the Office of Master of the Rolls". Cambridge Law Journal. Cambridge University Press. 5. ISSN 0008-1973. Sainty, John; the Judges of England 1272–1990: a list of judges of the superior courts. Oxford: Selden Society. OCLC 29670782