# Nicholas Underhill > Mediated Wiki article. Canonical URL: https://mediated.wiki/source/Nicholas_Underhill > Markdown URL: https://mediated.wiki/source/Nicholas_Underhill.md > Source: https://en.wikipedia.org/wiki/Nicholas_Underhill > Source revision: 1353942643 > License: Creative Commons Attribution-ShareAlike 4.0 International (https://creativecommons.org/licenses/by-sa/4.0/) {{short description|Appeal Court judge in England and Wales}} {{Use dmy dates|date=April 2022}} {{Infobox officeholder | honorific_prefix = [The Right Honourable](/source/The_Right_Honourable) | name = Lord Justice Underhill | image = Sir Nicholas Underhill 2014.jpg | office = [Lord Justice of Appeal](/source/Lord_Justice_of_Appeal) | term_start = 9 April 2013 | term_end = 9 October 2025 | predecessor = | successor = | monarch = [Elizabeth II](/source/Elizabeth_II)
[Charles III](/source/Charles_III) | office2 = [High Court Judge](/source/High_Court_judge_(England_and_Wales))
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](/source/New_College%2C_Oxford) | occupation = [Judge](/source/Judge) | profession = [Law](/source/Legal_profession) }} '''Sir Nicholas Edward Underhill''' (born 12 May 1952), styled '''The Rt Hon. Lord Justice Underhill''', is a retired{{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}} British judge of the [Court of Appeal of England and Wales](/source/Court_of_Appeal_of_England_and_Wales). He was educated at [Winchester College](/source/Winchester_College) and [New College, Oxford](/source/New_College%2C_Oxford).{{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}} ==Legal career== Underhill was [called to the bar](/source/called_to_the_bar) at [Gray's Inn](/source/Gray's_Inn) 1976 (elected a bencher 2000). He became a [Queen's Counsel](/source/Queen's_Counsel) in 1992. He was appointed a [Recorder](/source/Recorder_(judge)) 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.{{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}} On 30 January 2006, Underhill was appointed a [High Court judge](/source/High_Court_judge_(England_and_Wales)),{{London Gazette |issue=57890 |page=1509 |date=2 February 2006}} receiving the customary [knighthood](/source/Knight_Bachelor), and assigned to the [Queen's Bench Division](/source/Queen's_Bench_Division). He was a judge of the Employment Appeal Tribunal from 2006 to 2013, and its president from 2009 to 2011.{{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}} On 9 April 2013, he was appointed a [Lord Justice of Appeal](/source/Lord_Justice_of_Appeal){{London Gazette |issue=60472 |page=7097 |date=11 April 2013}} and consequently appointed to the [Privy Council](/source/Privy_Council_of_the_United_Kingdom). Underhill was chair of the Bar Pro Bono Unit (2002–2005). He has served as a trustee of [St John's, Smith Square](/source/St_John's%2C_Smith_Square) since 1996 and as chair since 2010. He is also a trustee of the [London Library](/source/London_Library), having served since 2008, and has been vice chair since 2011. He received an [Honorary Fellowship](/source/Honorary_title_(academic)) from [New College, Oxford](/source/New_College%2C_Oxford) in 2015.{{Cite web|url=https://www.new.ox.ac.uk/emeritus-honorary-and-wykeham-fellows|title = Emeritus and Wykeham Fellows | New College}} ==List of cases== *''[Wilson v United Kingdom](/source/Wilson_v_United_Kingdom)'' [2002] ECHR 552, acting for the [Daily Mail](/source/Daily_Mail). Lost. *''[Byrne Bros (Formwork) Ltd v Baird](/source/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](/source/Clyde_%26_Co_LLP_v_Bates_van_Winkelhof)'' [2014] UKSC 32, [39]. *''R v [Barnet London Borough Council](/source/Barnet_London_Borough_Council) [ex parte](/source/ex_parte) Nash'', 2013 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 *''[Reilly v Secretary of State for Work and Pensions](/source/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](/source/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](/source/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](/source/IWGB_v_Roofoods_Ltd)'' [2021] EWCA 952, holding [Deliveroo](/source/Deliveroo) cyclists did not have a human right to join trade unions *''[Adedeji v University Hospitals Birmingham NHS Foundation Trust](/source/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](/source/Equality_Act_2010). *''[National Union of Professional Foster Carers v Certification Officer](/source/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 --- Adapted from the Wikipedia article [Nicholas Underhill](https://en.wikipedia.org/wiki/Nicholas_Underhill) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Nicholas_Underhill?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.