No surprises but high hopes as Lord Neuberger confirmed as new Supreme Court president
"Despite the risk of further indulging the profession's propensity for judicial hagiography, the fact remains that it is hard to find a practitioner unhappy with the appointment of Master of the Rolls Lord Neuberger as the new president of the Supreme Court..."
July 19, 2012 at 07:03 PM
6 minute read
'Forward-thinking' Master of the Rolls touted to bring unity and clearer direction to UK's top court
Despite the risk of further indulging the profession's propensity for judicial hagiography, the fact remains that it is hard to find a practitioner unhappy with the appointment of Master of the Rolls Lord Neuberger (pictured) as the new president of the Supreme Court.
'Modern', 'unifying' and 'much-liked' are just some of the words that have been used to describe him since his appointment last week, marking a contrast from current president Lord Phillips of Worth Matravers, who has been viewed in some sections of the Bar as having struggled to galvanise the UK's highest court at a time when its profile has never been higher.
Such was the swell of support for Lord Neuberger that he was seen as the runaway favourite against the two rival candidates – Supreme Court incumbents Lord Mance and Lady Hale – from the moment Phillips announced his retirement last year.
But despite being seen as a judge his colleagues can rally round, Neuberger has not been afraid to take a strong stance on certain topics.
Most famously, he openly criticised the establishment of the Supreme Court in 2009 in his inaugural speech as Master of the Rolls, and in an interview for BBC Radio 4 at the time, he suggested that the Court had been created "as a result of what appears to have been a last-minute decision over a glass of whisky".
Neuberger's broad appeal comes from his ability to demonstrate his progressive credentials without becoming the kind of liberal that instinctively grates with the senior judiciary's conservative wing.
This delicate balance is attributed as much to his easy-going manner and strong sense of constitutional proprieties as his reputation as one of the bench's sharpest minds.
Holding one of the country's top judicial roles is, of course, well-trodden ground for him. As the current Master of the Rolls, he is the second most senior judge in England and Wales, heading the civil division of the Court of Appeal.
Aside from a distinguished judicial career, Neuberger has taken on high-profile tasks. In 2007, he chaired a committee that produced a well-received report on improving access to the Bar and, last year, oversaw a headline-grabbing report on injunctions.
The role of the president of the Supreme Court, equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary in the House of Lords, will see Neuberger take charge of the 12-strong bench and be responsible for bringing direction to the UK's top court, as well as leading discussions with the Lord Chancellor over policy and resource issues (Neuberger will earn the same as in his current position – £214,165).
The appointment does not have a set term and will run until Neuberger's retirement, which could see him hold the post until 2018 when he turns 70. He will become only the second UK Supreme Court president after the top court was launched in 2009.
Back then, Phillips carried over the position from his role as Senior Lord of Appeal in the House of Lords, which he was appointed to one year before the establishment of the Supreme Court. Phillips will retire when he hands the reins over to Neuberger on 1 October.
Former Master of the Rolls Lord Woolf told Legal Week: "[Neuberger] is a very forward-thinking judge. The Supreme Court will develop a more pronounced identity under his leadership. Neuberger has been a great success as Master of the Rolls. He is very good at leading a team. This is very important for a Supreme Court.
"It is also an advantage that he is not considered to have any preconceived views, but is open-minded with a highly developed sense of the importance of moving with the times. His career has been remarkably successful so far and his reputation will grow further as President of the Supreme Court."
Matrix Chambers' Hugh Tomlinson QC strikes a similar note: "David Neuberger is the ideal type of the modern, unstuffy, user-friendly judge. His appointment as president will attract widespread approval from across the legal profession."
Neuberger's composure in the limelight will certainly come in handy at the Supreme Court, which has become more exposed to scrutiny since its split from the House of Lords. As such, the body has faced criticism for the £52m costs associated with its launch and much has been made of apparent lack of unity among the judges.
The Court has faced other tensions, among them mixed views on the elevation last year of Lord Sumption, and the fear that unpopular moves to make judges contribute to their pensions will impact on the quality of advocates aspiring to the bench.
Neuberger's appointment also comes as a number of other changes are touted for the Court's line-up this year, with Lord Dyson cited as the clear favourite to take up Neuberger's position as Master of the Rolls, and Lord Hope set to retire in June 2013, creating a vacancy for deputy president.
Those wanting more unity are hoping to see the Court reach more collective judgments, given a spate of rulings in which judges have taking dissenting positions, on occasion backed by robust language. There have also been calls for the Court to take on a wider range of cases, being seen to have heavily focused on administrative and tax appeals over the past three years.
If there are any reservations regarding Neuberger's appointment, it comes from those who believe the appointment of Hale would have sent a powerful signal about judicial diversity. Nevertheless, Hale's outspoken style and academic background meant she was viewed by many as an unlikely candidate for president.
One QC remarks: "Many will be disappointed that the Court has missed another opportunity to appoint a woman to a vacancy which has arisen. Neuberger was the 'Stop Hale' choice."
However, there is no doubt that most see Neuberger as the more effective advocate for progressive judiciary than Hale. As another QC succinctly puts it: "Better leader of people. Much liked. Will help to bring unity to the Court."
NEUBERGER CAREER TIMELINE
• 1974: Called to the Bar
• 1987: Awarded QC status
• 1990: Appointed Recorder
• 1996: Made High Court judge in the Chancery Division
• 2004: Joined Court of Appeal
• 2007: Awarded life peerage
• 2009: Appointed Master of the Rolls
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