From House of Lords to Supreme Court

2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.

1 Introduction
JAMES LEE
2. A Darwinian Reflection on Judicial Values and Appointments to Final National Courts
M ICHAEL KIRBY
3. From Appellate Committee to UK Supreme Court: Independence, Activism and Transparency
AILEEN KAVANAGH
4. Taking Women's Property Seriously: Mrs Boland, the House of Lords, the Law Commission and the Role of Consensus
E LIZABETH COOKE
5. 'Inconsiderate Alterations in our Laws': Legislative Reversal of Supreme Court Decisions
JAMES LEE
6. (Dis)owning the Convention in the Law of Tort
JENNY STEELE
7. Keeping Their Heads Above Water? European Law in the House of Lords
ANTHONY ARNULL
8. The Development of Principle by a Final Court of Appeal in Matters of Private International (Common) Law
ADRIAN BRIGGS
9. The Law of Unjust Enrichment in the House of Lords: Judging the Judges
GRAHAM VIRGO
10. Use of Scholarship by the House of Lords in Tort cases
KEITH STANTON
11. Judges and Academics: Features of a Partnership
ALEXANDRA BRAUN
12. Does Advocacy Matter in the Lords?
ALAN PATERSON
13. Close Calls in the House of Lords
BRICE DICKSON

“...a very useful set of essays that engage with the constitutional role of the House of Lords/Supreme Court (as well as its international peers) and the processes of the court, as well as investigation of the role of the court in some substantive areas of law....There is a great deal of interesting and varied material here to dip in and out of and the book certainly repays reading.” –  Patrick O'Brien, Public Law

“The twelve contributions in this volume are diverse in their themes and opinions but uniformly the contributions are stimulating and interesting and alike in the high quality of their analysis. This book will be of great value to anyone interested in the workings of the old Lords and the new Supreme Court.” –  Scott Crichton Styles, Edinburgh Law Review Volume 16, Issue 1

“This book is a joy and a gem, being a collection of inspired, inspiring, certainly thought provoking and often controversial papers delivered at a significant event held in 2009.

You could also regard this book as a handy research tool, with its extentsive tables of cases and of legislation – some of it from other jurisdictions – and the invaluable index.

Suffice to say that the book more than achieves its stated aim: 'to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.'



” –  Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers,

“this book provides a great deal of insight into contemporary developments in British law-and especially in light of the growing interaction of European law with the domestic common-law tradition. It is a book of interest for scholars of British and European law, but it also illustrates, from within the councils of contemporary British legal thought, a central aspect of British legal and political concern about Europe and the European Union. Editor Lee, the Society of Legal Scholars and the publisher can be proud of this finely crafted, balanced and intricately detailed volume.” –  H.G. Callaway, Law and Politics Book Review