Lords of Appeal in Ordinary - House of Lords

House of Lords

The House of Lords historically had jurisdiction to hear appeals from the lower courts. Theoretically, the appeals were to the King- or Queen-in-Parliament, but the House of Commons does not participate in judicial matters. The House of Lords did not necessarily include judges, but it was formerly attended by several judges who gave their opinions when the Lords desired. They did not, however, have the power to vote in the House. In 1856, to permit legally qualified members to exercise the House's appellate functions without allowing their heirs to swell the size of the House, Sir James Parke, a judge, was created a life peer. The House of Lords refused to admit him, so he had to take his seat as an hereditary peer.

In 1873, William Ewart Gladstone's government passed the Judicature Act, which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February of the next year, before the Act came into force, Gladstone's Liberal Government fell; the Conservative Benjamin Disraeli became Prime Minister. In 1874 and 1875, acts were passed delaying the coming-into-force of the Judicature Act. In 1876, the Appellate Jurisdiction Act repealed the provisions rescinding the jurisdiction of the House of Lords. Additionally, the Act provided for the appointment of two persons to be Lords of Appeal in Ordinary, who were to sit in the House of Lords under the dignity of baron. Originally, though they held the rank of baron for life, they served in Parliament only while holding judicial office; 11 years later, however, an act was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office.

The statutory retirement age for Lords of Appeal in Ordinary depended on when they were first appointed to judicial office: for those who first became a judge before 31 March 1995, the retirement age is 75 years of age; for those appointed on or after that date, retirement is at 70 years of age (though they are permitted to continue sitting in a part-time capacity as a "Lord of Appeal" until the age of 75 years). There have been recent suggestions that the retirement age for the United Kingdom's most senior judges should revert to 75 years of age.

The Lords of Appeal in Ordinary are joined by the Lords of Appeal, who include members of the House of Lords, not necessarily created under the Appellate Jurisdiction Act, who hold or have held high judicial office. Lords of Appeal retain their titles for life but are incapable of hearing cases after the age of 75. Only Lords of Appeal in Ordinary receive salaries: for 2004, the salary for the Senior Lord of Appeal in Ordinary was £185,705, and for other Lords of Appeal in Ordinary it was £179,431.