HIGH COURT JUDGES
Memorandum on conditions of appointment and terms of service
This Memorandum has been written for the information of persons who are offered appointment to the High Court Bench
Part Ioutlines the conditions which must be satisfied before appointment;
Part IIsets out the general terms and conditions of service of a High Court Judge: and
Part IIIsets out the current arrangements for travelling, subsistence and other allowances.
The Memorandum states the position as at January 2010
Ministry of Justice
CONTENTS
Part I : Conditions of Appointment / ParagraphAppointment / 2
Pre appointment checks / 3
Official correspondence / 4
Announcement of appointment / 5
Income tax / 6
Value Added Tax / 7
Professional Indemnity Insurance / 8
Part II : General Terms and Conditions of Service
Role of the Lord Chief Justice / 10
Prohibition on practice / 12
Costs of taking up appointment / 13
Tenure and removal from office / 14
Sitting in retirement / 17
Salary / 18
Income tax (PAYE) / 19
Allowances which may be set against income for tax purposes / 20
National insurance / 21
Pension terms / 23
Salary Sacrifice / 31
Sitting requirements / 32
Itinerary / 33
Reasonable adjustments / 34
Sickness / 35
Maternity, paternity and adoption leave / 36
Special Paid Leave / 37
Voluntary Health Checks / 39
Training, Judicial studies, conferences etc. / 40
JUDICIAL CONDUCT / 41
Relations with the press, radio and television / 42
Conviction for criminal offences / 43
Personal Conduct / 44
Involvement in legal proceedings / 46
Proceedings arising out of non-judicial activity / 47
Proceedings arising out of judicial activity / 48
Representation / 49
Witness summons / 50
Outside activities and interests
General Principles / 51
Financial interests / 53
Non-commercial directorships / 54
Charitable activities / 55
Political or other activities / 56
Termination of professional and business contacts / 57
Membership of local Law Societies / 59
Lecturing, participation in conferences etc. / 60
Writing books and articles. / 62
Misuse of office, etc. / 64
Parliamentary Committees / 65
Complaints / 66
Judicial Grievances / 68
Requests for research facilities / 69
Security / 72
Further information / 75
Part III : Allowances and other provisions
Court Dress / 76
Legal books and publications / 77
Official stationery / 79
Official telephone calls from private residences / 81
Eye Tests / 83
Judges' Clerks / 84
Absences on Circuit / 85
Travelling and subsistence allowances / 87
Rates of travel allowances / 89
Travel by private car / 90
Insurance of motor vehicles used on Crown business / 95
Reimbursement of parking fees and certain other charges / 99
Travel by public transport / 101
Air travel / 102
Provision of Official cars
On circuit / 108
In London / 109
Further information / 110
ANNEXES
Annex ANotes issued for the guidance of members of the judiciary on participation in research projects
Annex BList of members of the motor conference
Annex CInsurance undertaking
PART I
CONDITIONS OF APPOINTMENT
1.A person who has been offered appointment to the High Court Bench must satisfy the following conditions before the appointment can be made:
Appointment
2.Section 10(3)(c) of the Senior Courts Act 1981, as amended by para 13 of Schedule 10 of the Tribunals, Courts and Enforcement Act 2007, no person shall be qualified for appointment as a puisne judge of the High Court unless :-
- s/he satisfies the judicial appointment eligibility condition on a 7 year basis; or
- s/he is a Circuit Judge who has held that office for at least 2 years.
The Department has been advised that in order to meet the statutory qualifications for appointment as a High Court Judge a solicitor must appear on the Roll. High Court Judges are appointed by the Crown by letters patent.
Pre-appointment checks
3.The offer of initial salaried appointment is conditional on the outcome of health, financial and other checks, which are undertaken by the Judicial Appointments Commission. Anyone being offered a salaried appointment for the first time will be asked to undergo a medical examination.
Official correspondence
4.Official correspondence, circulars to members of the judiciary, and material of that sort, will normally be sent to a High Court Judge at the Royal Courts of Justice. If he/she should be out of London, the Royal Courts will forward the mail. For security reasons, judges are advised to give the Royal Courts of Justice as their address in, for example, Who’s Who, and not to disclose their private telephone numbers for publication (see also paragraph 72).
Announcement of appointment
5.An offer of appointment to the High Court Bench is strictly confidential subject to disclosure in confidence to the person’s family, doctor, Head of Chambers, partners or clerk and accountant. No announcement of it will normally be made to the media until the date on which the new judge is sworn in by the Lord Chancellor. If, for exceptional reasons, a person wishes an ‘early’ announcement to be made, this can be arranged. Under no circumstances can an announcement be made, however, until The Queen’s approval of the appointment has been received. If and when an appointment has been publicly announced, it is an established convention that the person should not appear as an advocate in court after that date.
It would also be helpful if the following matters could be dealt with before an appointment is made.
Income tax
- It is important that, before a member of the Bar or solicitor decides to accept an offer of appointment to the High Court Bench, he/she should carefully discuss the tax implications in confidence with his/her accountant or other tax adviser, so that he/she may be entirely clear about the effect of the appointment on his/her tax position. The General Council of the Bar produce guidance on the subject in their publication “The Taxation and Retirement Benefits Handbook”. The Handbook explains the income tax consequences which apply when a barrister ceases to practise on assuming judicial office, and is available via the Bar Council’s web site The relevant arrangements are extremely complex and it is important that each individual checks his/her own personal tax position in the light of the up to date legal provisions. There is no equivalent guidance for solicitors because the position in each individual case may vary greatly, but the same point applies.
Value Added Tax
7.HM Revenue and Customs have produced a leaflet, "Value Added Tax - Barristers and Advocates (700/44)" which explains that Department's requirements and the option available to barristers to defer VAT on outstanding fees whilst de-registering for VAT purposes. The notice can be downloaded from
Professional Indemnity Insurance
8.Professional indemnity insurance through the Bar Mutual Indemnity Fund operates on a "claims made" basis, i.e. the cover relates to the date on which the claim is made, and not to the date of the alleged act of negligence; and cover comes to an end when the barrister leaves the Bar. To protect himself/herself and his/her dependants, a judge is accordingly strongly urged on appointment to obtain cessation cover against any claims that may be made against him/her after his/her appointment in relation to his/her earlier professional practice at the Bar, by contacting the Bar Mutual Indemnity Fund.
9.The Law Society Professional Indemnity Section have advised the Department that for solicitors who retired from practice before 1st September 2000 with no successor practice (as defined in the minimum terms and conditions appended to the Solicitors Indemnity Insurance Rules) theSolicitors' Indemnity Fund continues to provide indemnity cover and a judicial office holder should not require further insurance in respect of claims which may arise in relation to his/her previous practice as a solicitor. For solicitors who retire on or after 1st September 2000, the Law Society advise that “solicitors who retire on or after 1st September 2000 will be provided with cover by the relevant qualifying insurer and may be liable to pay an excess. Where the solicitor retired without a successor practice the relevant qualifying insurer will be that on cover immediately prior to the retirement. Where there is a successor practice then the relevant qualifying insurer is the one on cover for the successor practice. In circumstances where practices cease with no successor practice qualifying insurers are required to provide run-off cover for a period of 6 years. Arrangements have been put in place for run-off cover for ceased practices after the expiry of the six year period which provides post six year run-off cover under the current indemnity insurance scheme for a period of ten years one month from 1 September 2007 to 30 September 2017. There will be no extra premium levied for this further cover. Solicitors should ensure that they understand how they will stand if claims are made in respect of their practice after they have been appointed to judicial office.
PART II
GENERAL TERMS AND CONDITIONS OF SERVICE
Role of the Lord Chief Justice
10.The Lord Chief Justice, as President of the Courts of England and Wales and the Head of the Judiciary, has responsibility for a number of issues including the allocation of work within the courts, the deployment of judges, their well being and training and the provision of general advice and direction. The Heads of Division, the Vice President of the Queens Bench Division and the Senior Presiding Judge are appointed to assist the Lord Chief Justice in discharging these duties. They are supported by the Judicial Office which is also based in the Royal Courts of Justice. On occasion the Lord Chief Justice (either personally or through the delegated authority given to the Judges appointed to the posts mentioned above) may issue instructions and guidance on such matters within his remit, as he considers appropriate.
11.Thus, Judges are expected to:
a.comply with any guidance or instructions issued by or on behalf of the Lord Chief Justice;
- assist the Judges appointed to the posts mentioned in the above paragraph and undertake such other judicial or other ancillary activities as requested.
Prohibition on practice
12.A High Court Judge shall not practise as a barrister or solicitor or be indirectly concerned in any such practice (s.75, Courts and Legal Services Act 1990). All High Court Judges should avoid involvement in any case where, prior to appointment, they were involved as advisers to, or advocates for, a party in the case. The involvement of the judiciary in outside activities, including the termination of professional and business contacts, is dealt with at paragraph 51 onwards.
Costs of taking up appointment
13.A significant proportion of a High Court Judge's sittings take place at the Royal Courts of Justice or other Central London Courts. No assistance is available from public funds towards any costs incurred (e.g. through a move of house) for a person’s relocation on appointment as a High Court Judge direct from practice. However, certain assistance may be available to a serving Judge promoted to the High Court Bench. Details are available on request at the time of appointment.
Tenure and removal from office
14.Subject to paragraph 15 below a High Court Judge is required to vacate office on the day on which he/she attains the age of seventy years (s.26 Judicial Pensions and Retirement Act 1993). It is open to a High Court Judge to tender his/her resignation from office at any time by giving the Lord Chancellor notice in writing to that effect (Senior Courts Act 1981, s.11). The lengthiest possible period of notice of retirement or resignation would assist in planning for a replacement, and to enable the timely calculation of the pension award to take place. This would generally require no less than three months’ notice.
15.A person who was holding another salaried judicial office on the day the 1993 Act came into force (31 March 1995) but is subsequently appointed to the High Court Bench will retain the original compulsory retirement date of that other office for the remainder of his/her salaried judicial career. (For example, if a Circuit Judge, who was serving at the time when the Act came into force, is later appointed to the High Court Bench, he/she will retain the compulsory retirement date of the end of the year of service in which he/she attains the age of 72.)
- A High Court Judge holds his office during good behaviour, subject to a power of removal by the Crown on an address presented by both Houses of Parliament.
Sitting in retirement
17.Unlike the position with Circuit Judges and other judicial office-holders, there is no power to continue a High Court Judge in office after his normal compulsory retirement date. Former High Court Judges can, however, be authorised to sit in retirement under section 9(1) of the Senior Courts Act 1981 and are paid a daily rate for doing so.
Salary
18.The salary of a High Court Judge is paid out of the Consolidated Fund. The current level of salary is set out in the letter containing the Lord Chancellor’s offer of appointment. Details about the arrangements for the payment of salary will be sent to the judge shortly before he/she takes up his/her appointment.
Income tax (PAYE)
19.Income tax, which is payable under Schedule E, is deducted at source from the salary of a High Court Judge, in accordance with PAYE arrangements.
Allowances which may be set against income for tax purposes
20.Expenses which, as practitioners, High Court Judges were able to set against income for tax purposes may no longer qualify for tax relief. The Ministry of Justice understands that HM Revenue & Customs, in these cases, relies on the presence, in three places in section 336(1) of the Income Tax (Earnings & Pensions) Act 2003, of the word “necessarily”. Such claims are therefore entirely a matter for negotiation between the Inspector of Taxes and the individual judge exercising his/her legal rights under the 2003 Act. The Revenue will consider claims for actual expenses necessarily and exclusively incurred in the performance of judicial functions for maintenance of robes, library and use of study at home.
National Insurance
21.A High Court Judge is classed as an ‘employed earner’ within the meaning of s.2 of the Social Security Contributions and Benefits Act 1992 and is accordingly liable to pay class 1 national insurance contributions, which are deducted from salary together with income tax. Since the judicial pension scheme under the Judicial Pensions and Retirement Act 1993 has been contracted-out of the State Earnings-Related Pension Scheme, contributions are payable at the contracted-out rate. Liability for national insurance contributions ceases automatically when a judge reaches the state retirement age, even if service continues thereafter.
22.Liability to pay national insurance contributions depends not on whether services are rendered, but on whether earnings are paid. As a result, it continues during illness. More detail on sick leave is provided at paragraph 35.
Pension terms
23.The Judicial Pensions and Retirement Act 1993 established a unified judicial pension scheme. This scheme is an Employer Financed Retirement Benefits Scheme (EFRBS) and is non-registered for tax purposes. The scheme applies to all those appointed on a salaried basis on or after the date on which the Act came into force (31st March 1995) to one or more of the qualifying judicial offices specified in Schedule 1 to the Act. Although membership of the judicial pension scheme is automatic on appointment, it is not compulsory and a judge may opt out.
24.The basic arrangements can be summarised as follows:
A holder of qualifying judicial office is entitled to an immediate pension on retirement:
at or after the age of 65, provided 5 years' service[1] have been completed;
at any time for reasons of ill-health (at an enhanced rate if, at retirement, the office-holder has not attained the age of 65).
25.An office-holder who, having completed at least 5 years' service, retires on or after the day on which he/she attains the age of 60, but before attaining the age of 65, is entitled to an immediate pension at the appropriate annual rate actuarially reduced.
26.The pension is calculated on the basis of one-fortieth of pensionable pay which is, in general terms, the salary actually paid to an office-holder in the last twelve months of service ending on the date of retirement, multiplied by the aggregate length of service in qualifying judicial office. In addition, a taxable lump sum equal to 2.25 times the amount of the pension is payable. A further lump sum, or ‘service award’ is also payable.
27.There is a spouse's pension at the rate of one-half of the personal pension accruing or in payment at the time of death. There is also provision for a death benefit equal to twice the amount of pensionable pay in the event of death in office and for surviving civil partner and children's pensions. Personal and dependants' pensions already in payment are subject to annual increases under the Pensions (Increase) Act 1971.
28.Contributions towards the cost of spouses' and children's pensions are compulsory for both married and unmarried office-holders and take the form of monthly payments of 1.8% of pension-capped salary. Contributions are payable from the date of appointment until retirement or the completion of 20 years' service, whichever is earlier. Regulations provide for the partial or total refund of contributions to office-holders who are unmarried, are not in civil partnerships and have no dependent children at retirement.
29.Regulations made under the 1993 Act have also created facilities for members of the judicial pension scheme to make additional voluntary contributions (AVCs).
30.A detailed guidance note and information on individual questions can be obtained by contacting the Judicial Pay & Pensions Branch, Judicial Appointments & HR Division, MOJ, 3rd Floor, Zone 3.42,102 Petty France, London SW1H 9AJ, tel. 020 3334 3478, 020 3334 3483 or 020 3334 3486.
Salary Sacrifice
31.Salary sacrifice entails a judicial office holder giving up the right to receive part of his or her salary in return for childcare vouchers to the same value. The vouchers are then used to meet some (or all) of the individual’s private childcare costs. As the salary/fee sacrifice takes place before tax and National Insurance contributions are deducted, there will be a saving on tax and N.I. liabilities. The extent of that saving is dependent on the amount of the salary sacrifice. As a rule of thumb, an individual taking a salary/fee sacrifice of £55 per week will achieve an annual saving on tax and N.I. of approximately £1195 (for a higher rate tax payer). A detailed guidance note and information on individual questions can be obtained from the judicial intranet or from Judicial HR.