News

April 2010

12th Supreme Court Justice Appointed

After many months of what has been described as “behind the scenes wranglings” Sir John Dyson has been appointed as the 12th Supreme Court Justice.

The likely candidate for the appointment has generated a significant amount of discussion and comment in the legal press. Two candidates were identified as Sir John Dyson and Jonathan Sumption QC.

Jonathan Sumption is not a Judge. However, he is regarded as a “giant at the Bar” and a “brilliant advocate”. His supporters argued that if the legislators had wanted to require someone to serve in the High Court or the Court of Appeal as a prerequisite for appointment as a Justice, it would have been specified in the Act. It was pointed out that other countries had benefited from occasionally taking into their Supreme Courts some outstanding lawyers who had not come directly from the ranks of the Judiciary. It was argued this would enhance the diversity and intellectual standing of the Supreme Court.

In the end, however, after opposition from senior Judges, Jonathan Sumption withdrew his application.

Sir John Dyson is popular. Initially starting his career as a construction lawyer, he was “headhunted” by 2 Garden Court to head up those Chambers. At the time, this was highly unusual. As a result of the move to those Chambers, he became, as Geoffrey Robertson QC has said “an outstanding exponent of public law who will be a boon to the Supreme Court’s constitutional Jurisprudence”.

As it so happens, David Miles of Glovers instructed John Dyson both as a junior and as a Silk. They always won! A QC from his Chambers once told David that it was most frustrating arguing a case against John as he always made it appear to be very simple and a matter of common sense to which there was no answer.

The new Supreme Court has recently been sitting with seven and nine Judge panels. Whether we will see a similar trend with the Judicial Committee remains to be seen.

For further information please contact: or