The trial I mentioned on 4th May was held yesterday. I was successful in obtaining an order under the Access to Neighbouring Land Act. The strict rules of confidentiality forbid me from saying more. The case will not be reported as it was in the county court although if my client wished or consented the outcome could be published by me. The press now have pretty free access to the courts and sometimes they are present (which is possible if the case is in open court) or later pick up on cases and ask for a comment. I have had this experience occasionally.
I did have an interesting experience about court dress yesterday. Because the trial was in open court, solicitors' dress is not just a business suit but a gown, wing collar and bands (two strips of linen about 5" by 1" hanging down the front of the neck). Like the picture opposite but without the wig, which is only worn by barristers and a few solicitors who have 'higher rights of audience'.
But the judge has a discretion to disallow the dress and many modern judges do in civil (not criminal) trials, except when their could be serious outcomes for liberty e.g. a possible committal to prison for breach of an existing court order. I rang the court on Monday to check and the court officer (understandably erring on the side of caution) said she would check with the judge but this turned out not to be possible. So I thought I'd better wear my winged collar shirt, as mine is all in one: I could never succeed with studs. I brought an ordinary shirt as well in case. When we arrived for the site visit which the judge required before the trial started, the judge said that court dress was not required. So I changed my shirt to wear a tie but unfortunately the shirt I had brought required cuff links and I didn't have any. So my cuffs were loose and I rather unsuccessfully pushed them inside my jacket sleeves to hide them. When I got home my wife said I should have used paper clips, but I am not practical like her.
Joking aside, I think it is important to look smart in court not least so the client has confidence, on the principle that a man who looks good will inspire confidence in his arguments. When I was conducting a magistrates court case as a young man, I remember a 'regular lag' insisting on straightening my collar before I made his hopeless bail application (it still failed).
One old-fashioned judge told a sartorially-challenged colleague who was in full flow 'I can't hear you'. The colleague thought the judge was deaf so simply turned up the volume of his speech but the judge's complaint persisted. The judge eventually put him out his misery by telling him in effect that he had no right of audience as he was incorrectly dressed: I think he was wearing a particularly 'loud' waistcoat which perhaps was drowning out his speech!
Judges' dress is an entirely different story and a much more complicated one. When robed, the ranks of judges are indicated by the colour of the tabs:
- gold for Court of Appeal Judges
- red for High Court Judges
- pink for High Court Masters
- blue for District Judges
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