Ordinary Judges of the Court of Appeal and Royal Court Commissioners: Remuneration

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A decision made 1 July 2016:

Decision Reference: MD-TR-2016-0053
Decision Summary Title:	Remuneration of Ordinary Judges of the Court of Appeal and Royal Court Commissioners		Date of Decision Summary:	21st June 2016
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Remuneration of Ordinary Judges of the Court of Appeal and Royal Court Commissioners		Date of Written Report:	21st June 2016
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Remuneration of Ordinary Judges of the Court of Appeal and Royal Court Commissioners.
Decision(s): The Minister for Treasury & Resources determined that the remuneration for Court of Appeal Judges and Royal Court Commissioners should increase from £848.00 per day to £856.04 per day with effect from 1st April 2016. The Minister further decided that all future increases as a result of the increase to the UK rates will be approved without further consultation provided they can be met from the Bailiff's Chambers existing head of expenditure.
Reason(s) for decision: Article 10(8) of the Royal Court (Jersey) Law 1948 states: “Commissioners shall receive such remuneration as may be determined, after consultation with the Bailiff, by the Minister for Treasury and Resources, and shall be entitled to reimbursement of all travelling and other expenses incurred by them in the discharge of their functions under this article.” Article 6 (1) of the Court of Appeal (Jersey) Law 1961 states: “The ordinary judges of the Court of Appeal shall receive such remuneration as may be determined by the Minister for Treasury and Resources and shall be entitled to reimbursement of all travelling and other expenses.” The remuneration paid to both Court of Appeal Judges and Royal Court Commissioners is, and always has been, in line with the remuneration paid to a Deputy High Court Judge in England and Wales which increased with effect from 1st April 2016.
Resource Implications: Until stated otherwise, the cost of all future increases for both Ordinary Judges of the Court of Appeal and Royal Court Commissioners as a result of increases to the UK rates will be met from the Bailiff's Chambers existing cash limits over the period of the Medium Term Financial Plan 2016 – 2019, subject to States approval.
Action required: Head of Decision Support to advise the Bailiff's Judicial Secretary – Bailiff’s Chambers and Corporate Finance Director that this decision has been approved.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Ordinary Judges of the Court of Appeal and Royal Court Commissioners: Remuneration

Treasury and Resources

Ministerial Decision Report

REMUNERATION of Ordinary Judges of the court of appeal and royal court commissioners

Purpose of Report

To enable the Minister to consider a request to increase the remuneration paid to both Court of Appeal Judges and Royal Commissioners, with effect from 1st April 2016.

Background

The remuneration paid to both Court of Appeal Judges and Royal Court Commissioners is, and always has been, in line with the remuneration paid to a Deputy High Court Judge in England and Wales. It was brought to the Minister’s attention by the Bailiff that, with effect from 1st April 2016, the remuneration for both Ordinary Judges of the Court of Appeal and Royal Court Commissioners will increase to £856.04 per day (an increase of 0.94%).

The Minister for Treasury and Resources, after consultation with the Bailiff, may approve an increase, in accordance with the following:-

Article 10(8) of the Royal Court (Jersey) Law 1948 states:

“Commissioners shall receive such remuneration as may be determined, after consultation with the Bailiff, by the Minister for Treasury and Resources, and shall be entitled to reimbursement of all travelling and other expenses incurred by them in the discharge of their functions under this article.”

Article 6 (1) of the Court of Appeal (Jersey) Law 1961 states:

“The ordinary judges of the Court of Appeal shall receive such remuneration as may be determined by the Minister for Treasury and Resources and shall be entitled to reimbursement of all travelling and other expenses.”

3. Recommendation

The Minister for Treasury and Resources, after consultation with the Bailiff, is recommended to agree that the remuneration for Court of Appeal Judges and Royal Court Commissioners should increase from £848.00 per day to £856.04 per day with effect from 1st April 2016.

The Minister is recommended to agree that all future increases as a result of the increase to the UK rates will be approved without further consultation provided they can be met from the Bailiff's Chambers existing head of expenditure.

4. Reason for Decision

Article 10(8) of the Royal Court (Jersey) Law 1948 states:

Article 6 (1) of the Court of Appeal (Jersey) Law 1961 states:

5. Resource Implications

Until stated otherwise, the cost of all future increases for both Ordinary Judges of the Court of Appeal and Royal Court Commissioners as a result of increases to the UK rates will be met from the Bailiff's Chambers existing cash limits over the period of the Medium Term Financial Plan 2016 – 2019, subject to States approval.

Royal Court Commissioners –

Total spend for 2015 was £537,937

2016 spend to date is £108,650

It is impossible to quantify the spend accurately for 2016 as it will depend upon the workload of the courts. Expenditure does not necessarily increase year on year and may reduce. At this point in 2015 expenditure for Commissioners was circa £226,000. At the same point in 2016 it is £108,650.

Remuneration for Commissioners and Court of Appeal Judges has always been paid in accordance with that of Deputy High Court Judges and previous increases have been as follows:

2011 - 0%

2012 - 0%

2013 - 1.02% (from £785 per day to £793 per day)

2014 - 5.8% (from £793 per day to £839 per day)

2015 - 0.95% (from £839 per day to £848 per day)

Court of Appeal Judges –

Total fees paid –

2011 £231,088.33

2012 £105,956.62

2013 £160,324.41

2014 £178,268.55

2015 £109,473.00

2016 to date £14,244.00

The expenditure in each year is proportionate and responsive to a number of variables such as the number of appeals received, how complicated these are, how much preparation and judgment writing time is required by the judges and how long each sitting lasts. It is not possible at this stage to predict how much judges will be paid in 2016 .

Report author : Head of Decision Support	Document date : 21st June 2016
Quality Assurance / Review : Head of Decision Support	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2016-0053 - Remuneration of Ordinary Judges of the Court of Appeal
MD sponsor : Treasurer of the States

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