Chief Justice of Gibraltar
Encyclopedia
The Chief Justice of the Supreme Court of Gibraltar is one of the two judge
s who make up the supreme court
of Gibraltar
. Previously the Chief Justice
was appointed by the Governor of Gibraltar
on the advice of the British Foreign and Commonwealth Office
. Under the 2006 Constitution the Governor, on the advice of the Judicial Service Commission, makes the appointment on behalf of the Monarch.
As a judge of the Supreme Court, the Chief Justice is responsible for hearing civil
and criminal
proceedings, including Family Jurisdiction
, Court of Protection
, Admiralty Jurisdiction
and Ordinary (Chancery) Jurisdiction
, as well as appeals from the Court of First Instance
and the Magistrates' Court
.
The previous Chief Justice was The Hon.
Mr Justice Derek Schofield
. On 17 September 2007 the Governor announced the suspension of Chief Justice Schofield on full pay pending the investigation and resolution of the ongoing conflict between him, Chief Minister
Peter Caruana
and leading members of the Gibraltar Bar Association stemming from the judicial reforms introduced through Gibraltar's new constitution
and the Judicial Services Act. During Schofield's suspension, Additional Judge Anthony Dudley was acting Chief Justice.
On 1 February 2010, The Convent
announced that acting on the advice of the Judicial Services Commission, Governor Sir Adrian Johns
had on behalf of Queen Elizabeth
, formally appointed Anthony Dudley as Chief Justice of Gibraltar. He is the first Gibraltarian
judge to be appointed Chief Justice of Gibraltar.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s who make up the supreme court
Court system of Gibraltar
The Court system of Gibraltar is made up as follows:-Privy Council:The Judicial Committee of the Privy Council in London is the highest Court of Appeal for Gibraltar and hears appeals from the Gibraltar Court of Appeal.-Court of Appeal:...
of Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
. Previously the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
was appointed by the Governor of Gibraltar
Governor of Gibraltar
The Governor and Commander-in-Chief of Gibraltar is the representative of the British monarch in the British overseas territory of Gibraltar. The Governor is appointed by the British Monarch on the advice of the British Government...
on the advice of the British Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
. Under the 2006 Constitution the Governor, on the advice of the Judicial Service Commission, makes the appointment on behalf of the Monarch.
As a judge of the Supreme Court, the Chief Justice is responsible for hearing civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
proceedings, including Family Jurisdiction
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, Court of Protection
Court of Protection
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves...
, Admiralty Jurisdiction
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
and Ordinary (Chancery) Jurisdiction
Ordinary law
An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to...
, as well as appeals from the Court of First Instance
Court of First Instance
The General Court is a jurisdictional instance of the Court of Justice of the European Union. From its inception on 1 January 1989 to 30 November 2009, it was known as the Court of First Instance .-Competence:...
and the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
.
The previous Chief Justice was The Hon.
The Honourable
The prefix The Honourable or The Honorable is a style used before the names of certain classes of persons. It is considered an honorific styling.-International diplomacy:...
Mr Justice Derek Schofield
Derek Schofield
The Hon Mr Justice Derek Schofield, born 1945, commenced his legal career in 1961 when he was appointed assistant in the office of the clerk of the court in Lancashire...
. On 17 September 2007 the Governor announced the suspension of Chief Justice Schofield on full pay pending the investigation and resolution of the ongoing conflict between him, Chief Minister
Chief Minister of Gibraltar
The Chief Minister of Gibraltar is the leader of the largest party elected to the Gibraltar Parliament, and is formally appointed by the Governor of Gibraltar, representative of the British Crown.-List of Chief Ministers:...
Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
and leading members of the Gibraltar Bar Association stemming from the judicial reforms introduced through Gibraltar's new constitution
Gibraltar Constitution Order 2006
The Gibraltar Constitution Order 2006 was taken to a referendum in Gibraltar on 30 November 2006. A coalition of groups opposing the proposal held that a majority of 60% should be required to give effect to a new Constitution, quoting other instances...
and the Judicial Services Act. During Schofield's suspension, Additional Judge Anthony Dudley was acting Chief Justice.
On 1 February 2010, The Convent
The Convent (Gibraltar)
The Convent has been the official residence of the Governor of Gibraltar since 1728. It was originally a convent of Franciscan friars, hence its name, and was completed in 1531....
announced that acting on the advice of the Judicial Services Commission, Governor Sir Adrian Johns
Adrian Johns
Vice Admiral Sir Adrian James Johns KCB, CBE, KStJ, ADC is the current Governor of Gibraltar and a former senior officer in the Royal Navy. His most senior naval posting was as Second Sea Lord from 2005 to 2008.-Career:...
had on behalf of Queen Elizabeth
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
, formally appointed Anthony Dudley as Chief Justice of Gibraltar. He is the first Gibraltarian
Gibraltarian people
The Gibraltarians are a cultural group native to Gibraltar, a British overseas territory located near the southernmost tip of the Iberian Peninsula at the entrance to the Mediterranean sea.- Origins :...
judge to be appointed Chief Justice of Gibraltar.