The Isle of Man Law Society, working in conjunction with the Isle of Man courts, was delighted to welcome Lord Neuberger, president of the Supreme Court of England and Wales, as speaker at the 2013 Caroline Weatherill Memorial Lecture at the Manx Museum on October 11.

In a united show of true Manx hospitality the Lieutenant Governor, Adam Wood; the president of Tynwald, Clare Christian; the First Deemster, David Doyle and Law Society president Kevin O'Riordan entertained Lord Neuberger on his recent visit to the Island ensuring that he was able to tour the Isle of Man Courts of Justice buildings, the precincts of Tynwald, dine with the Manx judiciary and meet members of the Manx Bar at the evening lecture.

Addressing a full house in the Manx Museum's lecture theatre, Lord Neuberger spoke of the role of the Judicial Committee of the Privy Council (JCPC) - the highest Appeal Court for many jurisdictions including the Isle of Man.

In the clearest of language and in a speech full of humour, we learnt that in 2009 the JCPC moved from its home behind a dirty, shabby door at 9 Downing Street to splendid new premises at the renovated Middlesex Guildhall on Parliament Square in London.

There, appeals are heard before a small panel of the most senior judges.  During such hearings, the flag of the jurisdiction from whence the appeal comes, is displayed and Lord Neuberger spoke of ‘the evocative and unmistakable three armoured legs with golden spurs making up the ancient triskelion in the centre of [the Manx] bright red flag’ when appeals from the Isle of Man are heard.

Lord Neuberger advised that visitors can attend hearings of the JCPC and painted such an attractive and inviting picture that it seems certain that some of the audience will do so.  Noting that there may have been resistance in some communities to important judicial decisions being taken outside their own jurisdiction, he observed that the composition of the JCPC had begun to change and included, on occasion, judges from outside the UK. In 2001, Dame Sian Elias of New Zealand became the first female judge to sit on the JCPC.

With regard to decisions relating to the Isle of Man, Lord Neuberger stated that it is, in fact, the Queen who formally makes the decisions on the advice of the JCPC, although in practice it is unthinkable that the Queen would dissent from such advice. The effect, however, is that in legal terms the decision is made by the head of the territory (in Isle of Man terms the Queen as Lord of Man) which has both ‘constitutional and symbolic significance.’

 In 1716 it was clearly established that appeals from the Isle of Man could be heard by the Privy Council although the first written reference to an appeal to the Privy Council from the Isle of Man was in 1522 and is reported in the Manx Law Reports 1522-1920 at page 1. Since that time a range of issues has been decided including the denial of the Crown's entitlement to clay and sand in Manx inheritance estates, the appropriateness of statements of the Bishop and a ruling on the nature of pre-nuptial agreements. More recently, however, appeals tend to have an international commercial basis with some having ‘landmark’ status.

The Law Society thanked its sponsors Conister Bank and advocates' practices Appleby and Cains and presented Lord Neuberger with gold cufflinks. The cufflinks, designed by the late Deemster Kerruish, bear a Manx Celtic motif and are presented to speakers of the Caroline Weatherill lecture and members of the judiciary from time to time (a pair was presented to Deemster Kerruish shortly before his untimely death).

Those wishing to view the full text of Lord Neuberger's speech can do so on the Isle of Man Courts' website: courts.im.

Photo - Lord Neuberger is pictured during his visit to the Legislative Buildings with the President of Tynwald and His Honour Deemster Doyle. Picture Paul Dougherty, Tynwald Seneschal.