Lord Phillips, the new Lord Chief Justice, has definite ideas of the course he intends to plot, writes Rachel Rothwell

‘Judges cannot trim their sails having regard to pressure from ministers. Each judge must objectively apply the law to the facts,’ said Lord Phillips, the new Lord Chief Justice, in his first media briefing earlier this month. ‘There is no scope for bending the law.’


For those who may have been concerned that Lord Woolf’s retirement could leave the judiciary exposed to government influence, Lord Phillips has been careful to spell out that he will not be ‘browbeaten’ by politicians – and that he intends to ‘keep out of politics’.


He added: ‘I would like to see the relationship with the Home Office and the prime minister as a good relationship, with the possibility of providing assistance where it is appropriate. For example, if the government is considering legislation, and it needs to know what impact the legislation would have for judicial resources, that is an area that I am keen on.’


Indeed, he gives an indication that he might prefer it if there were less legislation, in the criminal field at least: ‘I would welcome a quieter period. Every time a new act is passed, it has implications for judicial resources. There has been a lot of legislation in the criminal field and all judges would welcome time to assimilate this.’


Lord Phillips became a High Court judge in 1987, rising to the Court of Appeal in 1995 and the House of Lords in 1999. He then moved back down to the Court of Appeal, where he was made Master of the Rolls and head of civil justice in 2000.


One of his most respected achievements was the handling of the three-year inquiry into the BSE crisis, which he is reported to have described as ‘the most gruelling task I have ever had’. He also received praise for his handling of the Maxwell fraud trial in 1995.


Jeffrey Jowell, a public law professor at University College London, who knows Lord Phillips well, says he ‘will forge his own style and approach. He has a very sharp intellect, and also a real appreciation of the necessity for judicial independence and the rule of law – he shares those qualities with Lord Woolf.


‘From his record so far, such as with the BSE inquiry, he has showed himself to have an incisive legal mind and also a great political sense.’


One QC adds: ‘Lord Phillips is warm and approachable, and has many of the same qualities as Lord Woolf – though he does not suffer fools gladly. I’m not convinced that he will have the same patience that Lord Woolf had with others. But he will have the steel in him to stand up to any government pressure.’


Lord Phillips has appointed Sir Igor judge, president of the Queen’s Bench Division, as head of criminal justice. Another senior lawyer comments: ‘Lord Phillips has the administrative experience and ability that the government wanted in a Lord Chief Justice. He does not have much experience of the criminal justice system, but he is a man who knows how to manage well, and will use those [judges] who do have the experience. The thing about top judges like Lord Phillips is that they are very quick to get to grips with a new subject.’


Many lawyers anticipate a clampdown on the cost of litigation under Lord Phillips – and indeed, the new Lord Chief Justice alluded to the ‘extremely expensive’ cost of litigation in his recent media briefing. He said a ‘sensible person’ would ‘look in horror’ at the costs involved.


Anthony Maton, executive committee member of the London Solicitors Litigation Association, says: ‘I see Lord Phillips as being much tighter on controlling the costs of litigation. There is a feeling among the judiciary that the costs of the legal system are one of the main barriers to access to justice. He will want to reduce costs, and make them predictable. His aim will be to get to a position where in the majority of cases costs are either fixed or predicted.’


Lord Phillips is clearly also keenly aware of the current issues surrounding the legal aid budget. He says: ‘There are legal aid constraints in civil and criminal law. The reduction in legal aid in the civil field has been replaced by conditional fee agreements. We require research into how the new arrangements are working.


‘In the criminal field, some barristers are declining to accept instructions because they are not satisfied with their remuneration. The judges are most anxious about the impact that could have on justice.’


As Lord Chief Justice, Lord Phillips will chair the Sentencing Guidelines Council, and it seems that preventing recidivism will be one of his priorities: ‘At least half of crimes are committed by people who have already been in prison. To stop people from reoffending, one has to make provision for them when they come out. If they come out with no home, no money, and addiction problems, then the likelihood is that they are going to resort to crime.


‘Steps must be taken to help those coming out, and to stop reoffending. I hope the resources will be made available – one can demonstrate the “business case” for stopping reoffending, given that it costs £30,000 a year to keep someone in prison, and the cost to society of reoffending is enormous.’


The new Lord Chief may face some tough tests ahead, but the signs so far are that the judiciary is in safe hands. As one solicitor puts it: ‘This will be a difficult time for judges, and it is hard to know how Lord Phillips will deal with it. But he is a man of tremendous experience and ability. He will stand up for what he believes is right, and if that means taking on the politicians and making his position clear, that is what he will do.’


Or, as another lawyer puts it: ‘He will be a magnificent successor to Lord Woolf.’