The Lord Chief Justice, following consultation with the Lord Chancellor, will transfer Mr Justice Charles from the Family Division of the High Court to the Queen’s Bench Division of the High Court with effect from 13 January 2014, and appoint him as Vice-President of the Court of Protection, for a three-year term, from the same date.
Section 5(2) of the Senior Courts Act 1981 allows the Lord Chief Justice to transfer a judge to a different Division of the High Court after consulting the Lord Chancellor. The Vice-President of the Court of Protection is appointed by the Lord Chief Justice, under Section 46(4) of the Mental Capacity Act 2005, again following consultation with the Lord Chancellor.
Mr Justice Charles was appointed a High Court Judge (Family Division) in 1998. He was appointed Judge-in-charge of the Court of Protection in 2011 and President of the Administrative Appeals Chamber, Upper Tribunal on 4 April 2012. He will replace the Chancellor of the High Court (Sir Terence Etherton) as Vice-President of the Court of Protection.
Mr Justice Charles has sat on a number of committees and bodies relating to the creation and work of the Court of Protection, and since 2011 has been Judge-in-charge of the Court of Protection, which is not a statutory role. His appointment as Vice-President will allow him to continue with the work he has begun as Judge-in-charge, but with a statutory position. At High Court level, the work of the Court of Protection is linked with the Family Division rather than the Chancery Division, hence the appointment of the former Judge-in-charge with his family background and his extensive experience acquired as Judge-in-charge, to support the President. Following Mr Justice Charles taking up his responsibilities as Vice-President, the position of Judge-in-charge will be further considered.