Senior President of Tribunals

Job Description and Person Specification

The context for the Senior President of Tribunals The Senior President of Tribunals (“SPT”) is a free standing judicial office under the Tribunals, Courts and Enforcement Act 2007. The SPT is the head of the tribunals’ judiciary, his remit includes England, Wales and extends to Scotland and Northern Ireland depending on the jurisdiction concerned.

The SPT establishes and communicates the judicial strategic direction within the tribunals’ jurisdiction. The SPT acts as a judicial figurehead by building effective relationships, working to achieve greater efficiency and effectiveness. This includes liaising with the Heads of Division, the Senior Presiding Judge, and the Judicial College, as well as ministers and senior officials to discuss strategy and operational issues affecting the civil and administrative justice system.

The SPT will be a judge of exceptional quality, who recognises both the need for greater efficiency and effectiveness in the administration of justice, and the need to sustain the independence and standing of the tribunals’ judiciary. The role is complex, high profile and demanding, requiring a judge and leader of the highest calibre.

The functions and responsibilities of the SPT The SPT provides leadership for all those within the First-tier and Upper Tribunals and the Employment Tribunals. This includes all the Chamber Presidents including High Court Judge Upper Tribunal Chamber Presidents and their tribunal judges and members, as well as those within the Employment Tribunals (in England and Wales and in Scotland) and the Employment Appeal Tribunal – in all, around 6,000 office- holders.

The Senior President has a range of statutory and non-statutory responsibilities, which are discharged either directly, through nominated judges, or by staff of the Judicial Office. These responsibilities include representing the views of the tribunals’ judiciary to the Lord Chancellor, Parliament and ministers and fall into 3 broad areas:

Judicial responsibilities  It is an essential feature of the SPT’s leadership role that he/she has the ability to preside in the most difficult cases affecting tribunals and administrative law in the Court of Appeal.  As well as being capable of presiding over the cases referred to above, and being capable of sitting as a Lord or Lady Justice of Appeal across the whole range of cases taken in the Court of Appeal, the SPT will undertake occasional sittings in the Upper Tribunal in order to keep in touch with the different jurisdictions of the tribunals. Leadership  Lead the necessary modernisation of the judicial system. The programme of HMCTS Reform (which sits alongside much other judicially-focused reform) will require significant changes to and modernisation of tribunals’ IT, estates and working practices. Strong leadership will be required from the SPT in terms of change management, engagement and communication with judicial colleagues at all levels.  Lead all levels of the tribunals’ judiciary, developing their capability and ensuring appropriate arrangements are made by the Chamber Presidents and officials for their welfare, training and guidance.  Lead on ensuring the performance of the judiciary is managed to effectively contribute to improved performance of the justice system.  Represent the views of the tribunals’ judiciary, advising and supporting the Lord Chief Justice of England and Wales, and as appropriate the Lord President in Scotland and the Lord Chief Justice of Northern Ireland, about matters across the tribunal system.  With the Lord Chancellor and the Judicial Appointments Commission take a lead in attracting, developing and retaining a high quality and diverse tribunals’ judiciary in accordance with statutory duty.

Governance  Lead and chair the Tribunals Judicial Executive Board;  The SPT must also have the capability of being a member of the Judicial Executive Board and will represent the tribunals’ judiciary and take an informed and broad view on matters relating to the responsibilities of the Lord Chief Justice as Head of the Judiciary; advising collectively and objectively; and supporting the Lord Chief Justice in the interests of the justice system;  Work collaboratively with the Lord President in Scotland, the Lord Chief Justice in Northern Ireland, and UK and devolved ministers where appropriate;  Provide leadership to Judges’ Council working groups and provide a link between them and the JEB as appropriate;  He/she will be a judicial director of the Board of Her Majesty’s Courts and Tribunals Service (can be delegated with agreement of LCJ);  Fulfil a range of roles in the appointment of judicial office holders including chairing certain selection panels for senior office holders and appointing judges and members to a variety of roles in tribunals.

Person Specification

The SPT must be a lawyer of the highest calibre, who commands confidence in his or her ability to preside over the types of cases referred to above. He or she must have strategic and leadership capabilities.

The SPT must have:  Outstanding intellectual capacity, experience and authority to fulfil with distinction of the office of SPT.  The personal authority to command the respect at the highest level of the judiciary of the United Kingdom and senior members of Government, the Ministry of Justice and the professions; to understand their perspectives and successfully influence their thinking.  An interest in and understanding of both the role of tribunals in the wider administrative justice system; and the operation of tribunals in their immediate strategic and political context – and the ability to advise and plan on the basis of this.  The ability to develop and communicate a sense of direction and priorities for others and to inspire them to follow the lead given.  Involvement in corporate decision making and a willingness to take corporate responsibility on matters which affect the justice system and judiciary as a whole.  Outstanding leadership skills including: o Lead the modernisation of the tribunals’ judicial system to deliver greater efficiency and effectiveness. o Outstanding ability to lead the tribunals’ judiciary in contributing to improved performance of the justice system. Including the efficient deployment and planning of the work of the tribunals’ judiciary; identifying priorities and driving change as necessary.

 A knowledge of, or the ability to gain an understanding of, the work within the tribunals’ structure including: o An appreciation of and an ability to deal effectively with members of the executive, the legislature, media and professional and other bodies. o Ability to continue to develop the relationship between courts and tribunals.  In addition the successful candidate must have the following personal qualities: o Integrity and independence of mind. o Energy and resilience to withstand the pressure of demanding and constant responsibilities. o Decisiveness both in judging and leadership. o An awareness of the diversity of the communities served by tribunals, and an insight into their differing requirements.

Candidates will also be expected to meet the qualities and abilities expected of a Court of Appeal judge (a copy of which is attached at Annex A together with the job description). Annex A

Qualities and abilities for Senior President of Tribunals 2015

Intellectual Capacity

 Outstanding ability to produce high quality judgments on complex and demanding cases.

 Outstanding level of legal expertise or the potential to achieve it.

 The ability to sit in the Court of Appeal over the wide range of cases and to preside in the most difficult cases affecting tribunals and administrative law in the Court of Appeal and Upper Tribunal.

Personal qualities

 Sound judgement.

 Integrity and independence of mind.

 Decisiveness.

 Objectivity.

 Ability and willingness to learn and develop professionally.

Ability to understand and deal fairly

 An awareness of diversities of the communities which the courts and tribunals serve and an understanding of differing needs.

 Commitment to justice, independence, public service and fair treatment.

 Willingness to listen with patience and courtesy.

Authority and communication

 Ability to inspire respect and confidence.

 Outstanding ability to express and explain clearly and succinctly to all concerned matters of procedure and judgement.

 Ability to maintain authority when challenged.

Leadership and Management Skills  Ability to form strategic change objectives for Tribunals, and implement them effectively and timeously.  Ability to motivate, support and develop the capability in, all levels of Tribunals’ judiciary, including their welfare and training.  Ability to deal effectively with members of the executive, the legislature, media and professional and other bodies.  Ability to engage constructively with judicial colleagues in the Court of Appeal.  Ability to organise own and others time and manage available resources.  Ability and willingness to undertake one or more of the many administrative responsibilities entrusted to the senior judiciary. Lord/Lady Justice of the Court of Appeal

Job Description

Purpose of Office 1. The purpose of judicial office is to administer justice in accordance with the laws of England and Wales.

2. Court of Appeal Judges swear the judicial oath (or affirm) that they "will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the Office of a Justice of Her Majesty's Court of Appeal ... and do right to all manner of people after the laws and usages of this Realm without fear or favour, affection or ill will".

General 3. The structure and jurisdiction of the Court are governed broadly by the provisions of the Senior Courts Act 1981. There are two Divisions of the Court of Appeal – Civil and Criminal – family cases are heard in the Civil Division. The Civil Division hears appeals from all three Divisions of the High Court, County Courts, the Upper Tribunal and the EAT. The Criminal Division hears appeals from the Crown Court.

4. All Judges of the Court of Appeal possess equal power, authority and jurisdiction. Lord/Lady Justices normally sit in panels of three, and the decision of each judge carries equal weight so that a dissenting judgment may be issued (though they are unknown in criminal appeals). Court of Appeal Judges will often sit with High Court and Circuit Judges in the Criminal Division and with High Court Judges in the Divisional Court. They may, less frequently, sit with High Court Judges in the Civil Division.

5. The jurisdiction of the Court of Appeal is usually exercised by three judges, with the most senior judge presiding.

6. The Court of Appeal Civil Division sits at the Royal Courts of Justice, and for at least two weeks of the year in Cardiff. The Court of Appeal Criminal Division sits at most major cities out of London each term. If demand exists, it also sits out of London for individual cases.

7. Occasionally Court of Appeal Judges will be asked by the Lord Chief Justice or the Master of the Rolls to sit in a first instance court to hear a particularly important or complex case.

8. Appointments to the Court of Appeal provide the opportunity to sit in a broad range of jurisdictions and legal disciplines. Court of Appeal judges are routinely expected to hear cases across the spectrum of the law, although they will often be called on to sit and lead on cases in areas of law in which they have particular expertise. Many cases in the Court of Appeal will involve complex questions of law – civil appeals often take a day or two, and only exceptionally last for longer than a week. Criminal appeals tend to be disposed of more quickly, for example blocks of sentencing appeals determined in a single day, although there are occasionally very long appeals against conviction. Leadership responsibilities

9. All Court of Appeal Judges have responsibility for leadership through personal example and contributing to an effective use of judicial time and resources. Specifically Court of Appeal Judges will be expected to:  Establish and communicate the evolving changes to the wider justice system,  Act as a judicial figurehead and build effective relationships with other branches of government,  Work to improve judicial performance to ensure it can meet existing and future needs,  Maintain and improve efficiency.

10. Some Court of Appeal Judges will also carry out a wide range of administrative and judicial duties such as:

 Appointment as a Vice-President of either Division of the Court;  Appointment as Deputy Head of Civil, Criminal or Family Justice;  Appointment as Chair of Committees or Councils;  Appointment as Chair of the Judicial College;  Appointment as Chair of the Law Commission;  Appointment as Judicial Appointments Commissioner;  Appointment as a supervising Lord Justice, responsible for the work of the Court of Appeal (Civil Division) within a particular area of work;  Officially representing the Judiciary or the Lord Chief Justice on European or other international associations; and  Drafting consultation responses on behalf of the Heads of Division

Other judges are nominated for particular roles – e.g. in helping to review complaints made against judges.

11. Court of Appeal Judges undertake representation of the judiciary at major conferences, including international representation. They will give lectures to professional audiences on questions of and developments in the law.

Main Activities

The main activities of a Court of Appeal Judge are as follows:

Pre-hearing and Case Management responsibilities

 Determining permission to appeal applications on paper in the Civil Division, or renewed applications in both Divisions for permission to appeal at oral hearings, at which ex tempore judgments are usually given.  Giving case management directions on hearings, listing, timing, constitutions, linked appeals and test cases etc.  Reading and assimilating case papers before a hearing commences. Presiding over Court Proceedings

 Controlling (in accordance with the relevant law and practice) the manner in which cases are conducted  Ensuring, insofar as is possible, that parties are on an equal footing, and that, whether represented or not, they are enabled to have their cases presented, and have them considered, as fully and fairly as possible  Promoting in each case the most expeditious dispatch of business which is compatible with the interests of justice  Dealing with the case in ways which are proportionate:  to the amount of money involved;  to the importance of the case;  to the complexity of the issues; and  to the financial position of each party, and allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.  Maintaining the authority and dignity of the Court  Deciding issues of law and procedure which may arise during a case

Judgments

 Writing judgments on appeals (which are often complex) – usually one of the three judges in a constitution will be responsible for writing the lead judgment in an appeal in civil cases. Extensive discussions will be needed between judges on some cases and on draft judgments.  Determining applications for permission to appeal.  Supervising the wording of orders of the Court.  In conviction appeals and significant sentence appeals, the judgment is usually written by the Lord Justice who has presided.

Other Responsibilities

Keeping abreast of legal developments  Court of Appeal Judges need to keep abreast of legal developments. This entails a substantial amount of reading not directly connected with the cases which they are hearing.  Court of Appeal Judges are expected, from time to time, to attend Judicial College after-court seminars for the senior judiciary and similar external training events.

Other judicial and public duties may include:  Some Court of Appeal Judges will be asked to sit from time to time in first instance courts, most commonly the Administrative Court or the Upper Tribunal.  Court of Appeal Judges may from time to time serve on committees, inquiries and other bodies where the services of a senior member of the judiciary are required. This can include major public inquiries of very high profile matters of public interest.