Nicholas Underhill
Lord Justice Underhill | |
|---|---|
 | |
| Lord Justice of Appeal | |
| Assumed office 9 April 2013 | |
| Monarchs | Elizabeth II Charles III |
| High Court Judge Queen's Bench Division | |
| In office 2006–2013 | |
| Personal details | |
| Born | Nicholas Edward Underhill 12 May 1952 |
| Nationality | British |
| Alma mater | New College, Oxford |
| Occupation | Judge |
| Profession | Law |
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.
He was educated at Winchester College and New College, Oxford.[1]
Legal career
[edit]Underhill was called to the bar at Gray's Inn 1976 (elected a bencher 2000). He became a Queen's Counsel 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.[2] On 30 January 2006, Underhill was appointed a High Court judge,[3] receiving the customary knighthood, and assigned to the Queen's Bench Division. He was a judge of the Employment Appeal Tribunal from 2006 to 2013, and its president from 2009 to 2011.[4] On 9 April 2013, he was appointed a Lord Justice of Appeal[5] 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 since 1996 and as chair since 2010. He is also a trustee of the London Library, having served since 2008, and has been vice chair since 2011.[2]
He received an Honorary Fellowship from New College, Oxford in 2015.[6]
List of cases
[edit]- Wilson v United Kingdom [2002] ECHR 552, acting for the Daily Mail. Lost.
- Byrne Bros (Formwork) Ltd v Baird [2002] ICR 667, subordination and dependence as the keys to employee status. Rejected by the Supreme Court in Clyde & Co LLP v Bates van Winkelhof [2014] UKSC 32, [39].
- R v Barnet London Borough Council ex parte Nash, 2013 [7]
- Reilly v Secretary of State for Work and Pensions [2016] EWCA 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 [2017] EWCA Civ 66, refusing recognition of a trade union, unless a sham union was first derecognised
- Uber BV v Aslam [2018] EWCA Civ 2748, dissenting to hold drivers were not workers. Rejected by the Supreme Court, [2021] UKSC 5.
- IWGB v Roofoods Ltd [2021] EWCA 952, holding Deliveroo cyclists did not have a human right to join trade unions
- Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23, Underhill approving the refusal of a claim that was 3 days late under the Equality Act 2010.
References
[edit]- ^ Newell, Claire; et al. (23 October 2018). "The day press freedoms received a devastating blow". The Telegraph. Retrieved 16 December 2020.
- ^ a b "The Hon Mr Justice Underhill". Debrett's People of Today. Retrieved 29 January 2015.
- ^ "No. 57890". The London Gazette. 2 February 2006. p. 1509.
- ^ "Appointment of Lady and Lord Justices of Appeal" (Press release). Number10.gov.uk. 28 March 2013.
- ^ "No. 60472". The London Gazette. 11 April 2013. p. 7097.
- ^ "Emeritus and Wykeham Fellows | New College".
- ^ 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
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