{{short description|Appeal Court judge in England and Wales}} {{Use dmy dates|date=April 2022}} {{Infobox officeholder | honorific_prefix = The Right Honourable | name = Lord Justice Underhill | image = Sir Nicholas Underhill 2014.jpg | office = Lord Justice of Appeal | term_start = 9 April 2013 | term_end = 9 October 2025 | predecessor = | successor = | monarch = Elizabeth II<br />Charles III | office2 = High Court Judge<br>Queen's Bench Division | term_start2 = 2006 | term_end2 = 2013 | birth_date = {{Birth date and age|1952|5|12|df=yes}} | birth_place = | death_date = | death_place = | resting_place = | birth_name = Nicholas Edward Underhill | spouse = | alma_mater = New College, Oxford | occupation = Judge | profession = Law }} '''Sir Nicholas Edward Underhill''' (born 12 May 1952), styled '''The Rt Hon. Lord Justice Underhill''', is a retired<ref>{{Cite web |date=2025-10-09 |title=Court of Appeal: Retirement of Lord Justice Nicholas Underhill |url=https://www.judiciary.uk/appointments-and-retirements/court-of-appeal-retirement-of-lord-justice-nicholas-underhill/ |access-date=2026-05-13 |website=Courts and Tribunals Judiciary |language=en-US}}</ref> British judge of the Court of Appeal of England and Wales.
He was educated at Winchester College and New College, Oxford.<ref>{{cite news |last1=Newell |first1=Claire |display-authors=etal |title=The day press freedoms received a devastating blow |url=https://www.telegraph.co.uk/news/2018/10/23/day-press-freedoms-received-devastating-blow/ |access-date=16 December 2020 |work=The Telegraph |date=23 October 2018}}</ref>
==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.<ref name=debretts>{{cite web |url=http://www.debretts.com/people/biographies/browse/u/40/Nicholas+Edward.aspx |title=The Hon Mr Justice Underhill |work=Debrett's People of Today |accessdate=29 January 2015}}</ref> On 30 January 2006, Underhill was appointed a High Court judge,<ref>{{London Gazette |issue=57890 |page=1509 |date=2 February 2006}}</ref> 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.<ref>{{cite press release |url=https://www.gov.uk/government/news/appointment-of-lord-and-lady-justices-of-appeal |title=Appointment of Lady and Lord Justices of Appeal |publisher=Number10.gov.uk |date=28 March 2013}}</ref> On 9 April 2013, he was appointed a Lord Justice of Appeal<ref>{{London Gazette |issue=60472 |page=7097 |date=11 April 2013}}</ref> 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.<ref name=debretts/>
He received an Honorary Fellowship from New College, Oxford in 2015.<ref>{{Cite web|url=https://www.new.ox.ac.uk/emeritus-honorary-and-wykeham-fellows|title = Emeritus and Wykeham Fellows | New College}}</ref>
==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 <ref>High Court of Justice, [https://www.bailii.org/ew/cases/EWHC/Admin/2013/1067.html 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</ref> *''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 *''Windle v Secretary of State for Justice'' [2016] EWCA Civ 459, held that court interpreters had no claim for discrimination under EA 2010 s 83(2)(a) as they did not have ‘employment... under a contract personally to do work’. Underhill LJ said that lack of mutuality also negated this worker test. *''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. *''National Union of Professional Foster Carers v Certification Officer'' [2021] EWCA Civ 548, Underhill LJ upheld CO that foster carers were not workers and could not get statutory recognition for their union.
==References== {{Reflist}} {{Appeal judges in England & Wales}} {{Authority control}}
{{DEFAULTSORT:Underhill, Nicholas}} Category:1952 births Category:Living people Category:People educated at Winchester College Category:Alumni of New College, Oxford Category:British barristers Category:Knights Bachelor Category:Members of Gray's Inn Category:Queen's Bench Division judges Category:Lord justices of appeal Category:Members of the Privy Council of the United Kingdom Category:English King's Counsel