Nicholas Underhill

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The Right Honourable

Sir Nicholas Underhill
Lord Justice of Appeal
Assumed office
9 April 2013
MonarchElizabeth II
Personal details
Born
Nicholas Edward Underhill

(1952-05-12) 12 May 1952 (age 69)
NationalityBritish
Alma materNew College, Oxford
OccupationJudge
ProfessionLaw

Sir Nicholas Edward Underhill (born 12 May 1952) is a British judge of the Court of Appeal of England and Wales.

He was educated at Winchester College and New College, Oxford.[1]

Legal career[]

Underhill was called to the bar at Gray's Inn 1976 (elected a bencher 2000). He became a Queen's Counsel 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.[2] On 30 January 2006, Underhill was appointed a High Court judge,[3] receiving the customary knighthood, and assigned to the Queen's Bench Division. He was a judge of the Employment Appeal Tribunal from 2006 to 2013, and its president from 2009 to 2011.[4] On 9 April 2013, he was appointed a Lord Justice of Appeal[5] 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 since 1996 and as chair since 2010. He is also a trustee of the London Library, having served since 2008, and has been vice chair since 2011.[2]

He received an Honorary Fellowship from New College, Oxford in 2015.[6]

List of cases[]

  • Wilson v United Kingdom [2002] ECHR 552, acting for the Daily Mail, lost
  • [2002] ICR 667, subordination and dependence as the keys to employee status, rejected by the Supreme Court in Clyde & Co LLP v Bates van Winkelhof [2014] UKSC 32, [39]
  • [2016] EWCA Civ 413, saying the government breached the Human Rights Act, but suggesting the government needed to do nothing
  • [2017] EWCA Civ 66, refusing recognition of a trade union, unless a sham union was first derecognised
  • Uber BV v Aslam [2018] EWCA Civ 2748, dissenting to hold drivers were not workers, and rejected by the Supreme Court [2021] UKSC 5
  • [2021] EWCA 952, holding Deliveroo cyclists did not have the human right to join trade unions

References[]

  1. ^ Newell, Claire; et al. (23 October 2018). "The day press freedoms received a devastating blow". The Telegraph. Retrieved 16 December 2020.
  2. ^ Jump up to: a b "The Hon Mr Justice Underhill". Debrett's People of Today. Retrieved 29 January 2015.
  3. ^ "No. 57890". The London Gazette. 2 February 2006. p. 1509.
  4. ^ "Appointment of Lady and Lord Justices of Appeal" (Press release). Number10.gov.uk. 28 March 2013.
  5. ^ "No. 60472". The London Gazette. 11 April 2013. p. 7097.
  6. ^ "Emeritus and Wykeham Fellows | New College".


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