09 August 2017

Sumption

'The Judicial Individuality of Lord Sumption' by James Lee in (2017) 40(2) University of New South Wales Law Journal scrutinises
the role of the individual judge on the United Kingdom Supreme Court through an analysis of the jurisprudence of Lord Sumption JSC. The examination of the Court’s recent decisions demonstrates that his Lordship is a leading figure on the Supreme Court. It is argued that key cases and extra-curial speeches mark Lord Sumption as a proponent of judicial conservatism, and two 2016 case studies from private law are used to develop this thesis: Patel v Mirza [2016] UKSC 42 on the defense of illegality and Willers v Joyce (No 1) [2016] UKSC 43 on the tort of malicious prosecution. The article concludes that the study has broader implications for the dynamics of judging, both individually and collectively, in a court of final appeal.