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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - Lord of Appeal in Ordinary
Definition of Lord of Appeal in Ordinary
A Lord of Appeal in Ordinary was a senior judge appointed to serve as a member of the House of Lords, specifically tasked with hearing and deciding legal appeals. Before the establishment of the UK Supreme Court in 2009, the Appellate Committee of the House of Lords served as the highest court of appeal in the United Kingdom. Individuals appointed to this role were granted a life peerage, meaning they became barons for life and were entitled to sit and vote in the House of Lords, even after they retired from their judicial duties. Their primary function was to ensure the consistent and correct application of the law across the UK's legal system.
Example 1: Resolving a Complex Commercial Dispute
Imagine a scenario in the late 1990s where two multinational corporations were locked in a protracted legal battle over a breach of contract worth hundreds of millions of pounds. After exhausting appeals in the Court of Appeal, one party sought a final resolution from the highest court. The panel of judges hearing this ultimate appeal would have included several Lords of Appeal in Ordinary. Their collective expertise in commercial law and their role as the final arbiters of justice ensured that the complex legal arguments were thoroughly reviewed, and a definitive, binding judgment was issued, setting a precedent for future commercial disputes.
Example 2: Adjudicating a Significant Public Law Challenge
Consider a case in the early 2000s where a group of environmental activists challenged a government decision to approve a large infrastructure project, arguing that the decision was unlawful and violated specific environmental protection statutes. After the case progressed through the High Court and the Court of Appeal, it reached the highest appellate body. Here, Lords of Appeal in Ordinary would have been responsible for meticulously examining the government's legal authority, interpreting the relevant legislation, and determining whether the decision was made lawfully. Their judgment would have had significant implications for both government policy and environmental law.
Example 3: Post-Judicial Contribution to Legislation
Years after retiring from their judicial duties as a Lord of Appeal in Ordinary, a former judge might participate in a debate within the House of Lords concerning a new bill on criminal justice reform. Even though they no longer actively heard appeals, their life peerage entitled them to sit and vote in the House. In this context, their extensive legal experience and deep understanding of the practical workings of the justice system would provide invaluable insights and contribute significantly to the legislative process, demonstrating their ongoing influence beyond their judicial tenure.
Simple Definition
A Lord of Appeal in Ordinary is a judge appointed and salaried to assist the House of Lords in its function of hearing appeals. These individuals hold the rank of baron for life and can sit and vote in the House of Lords even after retirement from their judicial duties.