The UK Supreme Court has dominated recent headlines, particularly following the September prorogation judgment, which reaffirmed the authority of the justices and their ability to hold the executive to account.
Alongside this constitutional moment, another significant development deserves attention: the appointment of a new President of the Court.
Following the recommendation of then Prime Minister Theresa May and the Lord Chancellor, the Queen appointed Lord Reed to succeed Lady Hale, who must retire in January when she turns 75.
Hale has served as President since 2017 and has been a distinctive voice on the bench, often dissenting from the majority and consistently championing equality. Her departure marks a major shift, as each justice brings a unique perspective to the Court, and Lord Reed’s leadership will inevitably influence its future direction.
The modern Supreme CourtBefore 2009, the highest judges in the United Kingdom sat in the House of Lords as the Appellate Committee.
These twelve judges, known as the Lords of Appeal in Ordinary, were appointed as members of the House and occasionally participated in legislative work. The Constitutional Reform Act 2005 ended this arrangement. Four years later, the UK Supreme Court was established, transferring judicial authority to an independent institution. The former Law Lords became the first justices of the new Court, but no longer played any role in legislation. All future appointments must be made through an independent commission.
The creation of the Supreme Court was a landmark moment.
It ended the historic fusion of legislative and judicial functions and increased transparency. The Court moved from Parliament to the former Middlesex Guildhall, symbolising its independence. It now serves as the final court of appeal for civil cases throughout the United Kingdom and for criminal cases in England, Wales and Northern Ireland. It hears appeals involving constitutional questions and significant points of law. In its first year, the Court held that pre‑nuptial agreements carry legal weight.
Although it cannot strike down Acts of Parliament, it has delivered influential rulings, including the decision that the police may be liable for compensation following failures in the John Worboys investigations. Most recently, the Court ruled that the Prime Minister’s suspension of Parliament was unlawful, allowing MPs to resume scrutiny of Brexit legislation.
Lady HaleLady Hale, formally Brenda Marjorie Hale, Baroness of Richmond, has served as President since 2017 and as Deputy President from 2013. Born on 31 January 1945, she must retire at 75, an exception from the usual retirement age of seventy because she was one of the original justices transferred from the House of Lords.
Hale studied law at Cambridge, graduating top of her class as one of only six women. She pursued an academic career at the University of Manchester, qualified as a barrister and became a Professor of Law. She specialised in family law and authored the influential text The Family, Law and Society. In 1984 she became the first woman appointed to the Law Commission, where she contributed to major reforms including the Children Act 1989, the Family Law Act 1996 and the Mental Capacity Act 2005.
Her career milestones include:• appointment as Queen’s Counsel in 1989• becoming the first academic High Court judge in 1994• becoming the second woman in the Court of Appeal in 1999• becoming the first female Lord of Appeal in Ordinary in 2004• becoming the first female Justice of the Supreme Court in 2009
She also serves as a non‑permanent judge of the Hong Kong Court of Final Appeal. Outside the courtroom, Hale has championed gender equality, criticised the lack of diversity in the judiciary and even appeared as a judge on a special episode of MasterChef marking one hundred years since women gained the vote. Her motto, “women are equal to everything,” reflects her lifelong commitment to equality.
Her most notable recent work includes delivering the prorogation judgment, declaring that the suspension of Parliament was unlawful because it “had the effect of frustrating or preventing” MPs from performing their constitutional role. Parliament reconvened immediately, allowing scrutiny of the government’s Brexit plans.
Lord ReedLord Reed, currently Deputy President, will succeed Hale.
He is one of only two Scottish justices and will be the first Scot to hold the presidency. Reed studied law at Edinburgh and Oxford and qualified as an advocate in both England and Scotland. His career includes work in serious crime, service on the European Court of Human Rights and appointment as a non‑permanent judge of the Hong Kong Court of Final Appeal.
He has served in both the Outer and Inner Houses of the Court of Session, the highest civil court in Scotland, before joining the Supreme Court in 2012. He became Deputy President in 2018 and has delivered significant judgments, including the ruling that employment tribunal fees were unlawful because they prevented access to justice. He also dissented in the Miller case, arguing that the government did not require parliamentary approval to trigger Article 50.
Reed has pledged to champion the rule of law, promote public understanding of the judiciary and maintain the Court’s international reputation. Hale has praised his work in developing the common law, and Lord Pannick QC described his appointment as unsurprising.
Future directionReed’s experience makes him a natural successor, and his willingness to challenge government policy suggests that judicial activism will remain part of the Court’s identity.
However, Hale’s retirement raises concerns about gender representation. Only two female justices remain, and three new male justices will join the Court in 2020: Lord Justice Hamblen, Lord Justice Leggatt and Professor Andrew Burrows. All three bring valuable expertise, although their appointments do not improve diversity at the highest judicial level.
With new justices joining and a new President taking office, the Supreme Court is entering a period of transition. Hale’s influence will endure, and Reed’s leadership will shape the Court’s future. The appointment of a new Deputy President is expected soon, and the coming months will reveal how the reconstituted bench approaches its constitutional role.
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