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New Supreme Court!

01/10/2009

After 133 years, the modern Judicial role of the House of Lords has finally come to an end.

Today, 11 Justices of the Supreme Court were officially sworn in thus replacing the Appellate Committee of the House of Lords and marking the opening of the new Supreme Court of the United Kingdom. It will begin hearing its first cases on the 2 October 2009.

The new Supreme Court is now the highest court in the United Kingdom. It is the final court of appeal for all civil cases and most Criminal cases. It will hear cases which are constitutionally significant; including devolution matters which were previously reserved for the Privy Council. It will also continue the role of the House of Lords as being at the forefront of common law precedent.

Following a significant period of controversial consultation, it was the Constitutional Reform Act 2005 which started the long process of change.

So what’s the big deal? Well, there can be little doubt that the creation of the Supreme Court is a landmark piece of judicial reform. For the first time, the highest court in the land is now constitutionally separate from both government and parliament. It is therefore hoped that a new Supreme Court will allow greater public access and scrutiny of its business as well as bringing about a new sense of independence and transparency. It is also geographically separate from parliament; being located in the Middlesex Guildhall.

The reality is that no one knows at this stage what impact the new Supreme Court will really have. Decisions of the new Justices of the Supreme Court will inevitably have a far reaching impact on the whole of British society. However, some critics have slammed the significant set up costs (estimated anywhere between £60m and £100m) as a pricey re-branding exercise; with the only real difference being the walk from the Houses of Parliament to the Middlesex Guildhall.

Stephen McArdle , of KBL comments "As a litigation solicitor, I welcome the change that has taken place as a piece of positive constitutional reform. The general practitioner probably won't see a great deal of change on a practical level with the switch from the Appellate Committee of the House of Lords to the new Supreme Court. Procedure and protocol for the Court user will largely be the same or very similar"

"Watching televised proceedings will, however, give a unique insight into the workings of our top Court in a way that was never possible before"