Nicholas Underhill
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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 The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to ...
. He was educated at
Winchester College Winchester College is a public school (fee-charging independent day and boarding school) in Winchester, Hampshire, England. It was founded by William of Wykeham in 1382 and has existed in its present location ever since. It is the oldest of ...
and New College, Oxford.


Legal career

Underhill was called to the bar at
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...
1976 (elected a bencher 2000). He became a
Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...
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. On 30 January 2006, Underhill was appointed a High Court judge, receiving the customary
knighthood A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the church or the country, especially in a military capacity. Knighthood finds origins in the ...
, and assigned to the
Queen's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...
. He was a judge of the Employment Appeal Tribunal from 2006 to 2013, and its president from 2009 to 2011. On 9 April 2013, he was appointed a Lord Justice of Appeal 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 St John's Smith Square is a redundant church in the centre of Smith Square, Westminster, London. Sold to a charitable trust as a ruin following firebombing in the Second World War, it was restored as a concert hall. This Grade I listed ...
since 1996 and as chair since 2010. He is also a trustee of the
London Library The London Library is an independent lending library in London, established in 1841. It was founded on the initiative of Thomas Carlyle, who was dissatisfied with some of the policies at the British Museum Library. It is located at 14 St James' ...
, having served since 2008, and has been vice chair since 2011. He received an
Honorary Fellowship Honorary titles (professor, reader, lecturer) in academia may be conferred on persons in recognition of contributions by a non-employee or by an employee beyond regular duties. This practice primarily exists in the UK and Germany, as well as in m ...
from New College, Oxford in 2015.


List of cases

*'' Wilson v United Kingdom'' 002ECHR 552, acting for the Daily Mail. Lost. *'' Byrne Bros (Formwork) Ltd v Baird'' 002ICR 667, subordination and dependence as the keys to employee status. Rejected by the Supreme Court in '' Clyde & Co LLP v Bates van Winkelhof''
014 014 may refer to: * Argus As 014 * BIND-014 * 014 Construction Unit * Divi Divi Air Flight 014 * Pirna 014 * Tyrrell 014 The Tyrrell 014 was a Formula One car, designed for Tyrrell Racing by Maurice Philippe for use in the season. The cars wer ...
UKSC 32, 9 *''R v
Barnet London Borough Council Barnet London Borough Council is the local authority for the London Borough of Barnet in Greater London, England. It is a London borough council, one of 32 within London. Barnet is divided into 21 wards, each electing three councillors. The cou ...
ex parte In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all ...
Nash'', 2013 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
*'' Reilly v Secretary of State for Work and Pensions''
016 HV-016 is a former military unit of Norway, that was a part of the Home Guard. It was established after 1985 to "stop terror- or sabotage actions that could weaken or paralyze Norway's ability to mobilize its military and its ability to resist". ...
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'' 017EWCA Civ 66, refusing recognition of a trade union, unless a sham union was first derecognised *'' Uber BV v Aslam'' 018EWCA Civ 2748, dissenting to hold drivers were not workers. Rejected by the Supreme Court,
021 021 is: * in Brazil, the telephone area code for the city of Rio de Janeiro and surrounding cities (Greater Rio de Janeiro) * in China, the telephone area code for the city of Shanghai. * in Indonesia, the area code for the city of Jakarta ...
UKSC 5. *'' IWGB v Roofoods Ltd''
021 021 is: * in Brazil, the telephone area code for the city of Rio de Janeiro and surrounding cities (Greater Rio de Janeiro) * in China, the telephone area code for the city of Shanghai. * in Indonesia, the area code for the city of Jakarta ...
EWCA 952, holding
Deliveroo Deliveroo is a British online food delivery company founded by Will Shu and Greg Orlowski in 2013 in London, England. It operates in the United Kingdom, France, Belgium, Ireland, Italy, Singapore, Hong Kong, the United Arab Emirates and Kuwait ...
cyclists did not have a human right to join trade unions *'' Adedeji v University Hospitals Birmingham NHS Foundation Trust''
021 021 is: * in Brazil, the telephone area code for the city of Rio de Janeiro and surrounding cities (Greater Rio de Janeiro) * in China, the telephone area code for the city of Shanghai. * in Indonesia, the area code for the city of Jakarta ...
EWCA Civ 23, Underhill approving the refusal of a claim that was 3 days late under the
Equality Act 2010 The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
.


References

1952 births Living people People educated at Winchester College Alumni of New College, Oxford British barristers Knights Bachelor Members of Gray's Inn Queen's Bench Division judges Lords Justices of Appeal Members of the Privy Council of the United Kingdom English King's Counsel {{UK-law-bio-stub