Nicholas Underhill

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 Right Honourable Lord Justice Underhill
Lord Justice of Appeal
Incumbent
Assumed office 9 April 2013
Monarchs	Elizabeth II Charles III
High Court Judge Queen's Bench Division
In office 2006–2013
Personal details
Born	Nicholas Edward Underhill (1952-05-12) 12 May 1952 (age 72)
Nationality	British
Alma mater	New College, Oxford
Occupation	Judge
Profession	Law

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.
• Byrne Bros (Formwork) Ltd v Baird [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].
• R v Barnet London Borough Council ex parte Nash, 2013 ^[7]
• Reilly v Secretary of State for Work and Pensions [2016] 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 [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. Rejected by the Supreme Court, [2021] UKSC 5.
• IWGB v Roofoods Ltd [2021] EWCA 952, holding Deliveroo cyclists did not have a human right to join trade unions
• Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23, Underhill approving the refusal of a claim that was 3 days late under the Equality Act 2010.

References

1. Newell, Claire; et al. (23 October 2018). "The day press freedoms received a devastating blow". The Telegraph. Retrieved 16 December 2020.
2. "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".
7. 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