Judicial appointments: new boys at the supreme court

Joshua Rozenberg @ guardian.co.uk,

Lord Justice Hughes is likely to be the only member of the supreme court with an interest in bellringing Photograph: AlamyThe three new members of the supreme court "represent a talented trio of judges", its president, Lord Neuberger, said after their names were announced. But, at that level of the judiciary, the other leading candidates are also highly talented. So who's in and who's out? First, the new boys.

Lord Justice Hughes, 64, is currently vice-president of the criminal division of the court of appeal. While he was still a high court judge, Sir Anthony Hughes was moved from the family division to the Queen's bench division, giving him experience of criminal trials. In 2008, I tipped him for lord chief justice. Two months ago, though, I reported that he was not interested in the job and backed him for the supreme court instead.
Hughes will bring much needed criminal expertise to a court that has traditionally lacked experience in this area of work. He is also likely to be the only member of the court with an interest in bellringing.
The appointment of Lord Justice Toulson, 66, was less expected, though I reported his name nearly two weeks ago. Like Lord Sumption, who joined the supreme court last year, Sir Roger Toulson served for five years on the Judicial Appointments Commission — not to be confused with the one-off commission that chose the three new supreme court justices. Toulson also chaired the Law Commission, the law reform body.
And Toulson is a supporter of the Marriage Foundation, a campaign launched last year by a high court judge with the aim of "fewer relationships breaking down and more people forming healthy stable relationships".
Although Toulson served in the Queen's bench division, he will replace Lord Walker, a distinguished chancery specialist. The supreme court is now looking a bit threadbare on the chancery side and it may struggle if it has to deal with an old-fashioned family trusts dispute. But such cases are probably quite rare these days and Neuberger was a chancery judge himself.
When these vacancies were announced, it was thought that — barring accidents — they would be the last until 2018. However, Toulson will have to leave the court in September 2016, when he reaches the age of 70. This is the mandatory retirement age for all judges first appointed to the bench after 31 March 1995.
Lord Hodge will succeed Lord Hope in October as one of the two Scottish judges in the supreme court. When I tipped him earlier this month, I pointed out that Patrick Hodge, 59, sits in the outer house of the court of session, Scotland's highest civil court. Though true, this gave the impression Hodge was at the equivalent level of an English high court judge rather than an appeal judge. A reader helpfully pointed out that Hodge has heard criminal appeals at the highest level. He also has a much broader level of judicial experience than his English colleagues.
And who's out? A quick glance at the court of appeal list shows who they must be. Lord Justice Laws, though 67, can sit until he is 75. A charming, erudite man and a former classical scholar, he has been a staunch friend of mine since his days as Treasury devil — the government's jobbing barrister — in the 1980s. He is regarded as perhaps too original a thinker for the highest court in the land.
Lord Justice Rix, 68, could also have sat until 75. A highly regarded commercial specialist, Sir Bernard Rix may well see his future as an arbitrator, where his skills would be much in demand.
After then comes Lady Justice Arden, 66. This must have been Dame Mary Arden's last chance for promotion to the supreme court. It would have made a lovely story if she had been appointed. The government — and Lady Hale — would have welcomed the promotion of a woman. Another of the supreme court judges, Lord Mance, would have welcomed the appointment of his wife. And Chancery lawyers would have welcomed the appointment of one of their own. But it was not to be.
Finally, Hope's retirement in the summer leaves a vacancy for a new deputy president. "Expressions of interest will be invited from the existing justices," the court has announced. But there are really only two candidates left with sufficient seniority, Hale and Mance. My money's on Hale.