Sir Nicholas Edward Underhill (born 12 May 1952), styled The Rt Hon. Lord Justice Underhill, is a British judge of the Court of Appeal of England and Wales.
Underhill was called to the bar at Gray's Inn 1976 (elected a bencher 2000). He became a Queen's Counsel in 1992. He was appointed a Recorder in 1994 and was authorised as a deputy High Court judge in 1998. From 2000 to 2003, he was a temporary additional judge of the Employment Appeal Tribunal. He served as Attorney-General to the Prince of Wales from 1998 to 2006.[2] On 30 January 2006, Underhill was appointed a High Court judge,[3] receiving the customary knighthood, and assigned to the Queen's Bench Division. He was a judge of the Employment Appeal Tribunal from 2006 to 2013, and its president from 2009 to 2011.[4] On 9 April 2013, he was appointed a Lord Justice of Appeal[5] and consequently appointed to the Privy Council.
Underhill was chair of the Bar Pro Bono Unit (2002–2005). He has served as a trustee of St John's, Smith Square since 1996 and as chair since 2010. He is also a trustee of the London Library, having served since 2008, and has been vice chair since 2011.[2]
Pharmacists Defence Association Union v Secretary of State for Business, Innovation and Skills [2017] EWCA Civ 66, refusing recognition of a trade union, unless a sham union was first derecognised
Uber BV v Aslam [2018] EWCA Civ 2748, dissenting to hold drivers were not workers. Rejected by the Supreme Court, [2021] UKSC 5.
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