Frances Gibb, Legal Editor
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Judges are to end centuries of tradition and abandon the wearing of wigs and gowns in hundreds of civil and family cases.
The decision to abolish the 300-year-old horsehair headgear, along with wing collars and bands, was announced yesterday by the Lord Chief Justice, Lord Phillips of Worth Matravers.
However, in a compromise ending one of the most hotly disputed legal debates of recent years, judges sitting in criminal courts will continue to wear their wigs.
And solicitor-advocates, who have long fought for parity with barristers, will be allowed to wear the same traditional costume that is the hallmark of the Bar. The issue of what judges and advocates should wear has split the profession and been the subject of several lengthy consultation exercises.
Lord Phillips, Britain’s most senior judge, acknowledged that there was still dissent. He said: “While there will never be unanimity of view about court dress, the desirability of these changes has a broad measure of agreement.”
The reforms, to take effect on January 1, mean that all 1,300 judges from the High Court down to the rank of deputy district judge, who sit in civil and family cases, will wear a new, simple gown. There is still no agreement on design.
One suggestion is for a dressing-gown style of robe with a simple sash coloured according to rank; another is for a European-style gown buttoning up to the neck.
In most family cases judges already dispense with wigs and gowns and also in commercial cases where the litigants, often from foreign jurisdictions, are not used to legal costume.
But the change will be noticeable in other civil cases, particularly in the High Court and Court of Appeal.
One casualty of the changes will be the full-bottomed wig, worn on ceremonial occasions.
The allowance for newly appointed circuit judges of £2,595 to buy this wig will be scrapped.
Lord Phillips also announced the scrapping of the five different costumes worn by High Court judges.
The cost of supplying the new civil gown is estimated at about £200,000 but annual savings of about £300,000 are expected from the other changes.
Michael Caplan, QC, a solicitor-advocate, said: “This is very good news. Although court dress will not be compulsory, it will be the expectation that everyone will be similarly dressed; and this has to be right.”
But wigmakers said the reforms would lead to job losses. Several companies make lawyers’ wigs, employing about 100 craftsmen and women.
Judges’ full-bottomed wigs can be bought off the shelf or made to measure, costing £1,995 from the outfitter Stanley Ley, which was established in 1903. Judges’ everyday “bench” wigs are £795, while barristers’ hairpieces are £458. Barristers’ robes range from £134 to £180, or up to £1,094 for a QC’s silk version.
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I am quite sure that Lord Phillips has with his staff not fully communicated with the general public, for apart from the press, the general public that I talk to are very sad that wigs and the traditional barristers gowns with the wing collars are being abolished! (they should reconsider)
If 'his public survey' (and we never saw it advertised) asked questions in a certain style, then I am quite sure that he would achive the 'fix' that it was the 'general public did not wish to see wigs worn in courts.
However, with this Government getting rid of the post of Lord Chancellor, and typical without proper consultation, then creating a 'Ministry of Justice' (European style) and now wishing to wear European Court dress on the lame excuse that ' it will be cheaper' frankly shows that Lord Phillips is this government's poodle!! -- but he must not be so foolish as to think that the general public have failed to note this!
M.M
Middleton, Cambridge, UK
You Brits need a leap into the 21st century. This is a good start. Next stop: Get rid of your monarch (tourist attraction).
Steven, Normal, Illinois, USA
I am sorry but I see this only as yet another erosion of the fabric of legal establishments in the is country, It started when they modernised Courts and removed the wood panels and dark austere interiors and replaced them with neon cloured plastic chair and installed flourescent lights. The fear was taken from defendants and the accused, Jurors now sit with open ties and denim jeans, also with Ipods it seems.
Courts are used for trivia and time wasting. This removal of items of uniform is one more nail in the coffin.
KW, wirral, UK
gee.. it has taken away something special about the barrister's dressing...Wearing the Gown is something very exclusive to barristers... Well at least I still get to wear them as i am not practicing in the UK's jurisdiction. the only problem i am facing is that wearing the gown is kinda hot in where i practice...Malaysia.
Darren Teo, Kuala Lumpur, Malaysia
To Debs in Leeds,
Or maybe the grossly inefficient Solicitor / Barrister system should be replaced with a simple Lawyer as in the United States?
Rhodri, London,
Where was the public clamour for change? At least keep bands with a gown for advocates. What is being suggested - collar and tie? What colour tie? Any chance of Mickey Mouse or Donald Duck ties? And what for women? How are we going to differentiate between a silk and an usher? And please, nothing too European - this is a common law jurisdiction. What is worn in Australia and New Zealand? Methinks Denning will be turning in his grave - and Hailsham will be spinning!
Nicholas Whitsun-Jones, Yeovil, Somerset
Speaking as a barrister-in-training, it seems to me that if solicitor-advocates want to wear wigs and gowns and talk in court in front of judges, they should flipping well do the BVC like the rest of us!
Debs, Leeds,
I have seen TV coverage of US court cases, and I feel there is some value in maintaining distrinctions. I found it easy to confuse Scooter Libby and his lawyers, and I would not want to risk accidentally insulting a British lawyer in the exercise of his professinal duties.
Dave Bell, Barnetby,
Another tradition swept away. Why should we always level downwards and bow to those who think they know best?
Graham Kendrick, Gloucester, United Kingdom
Although it may hit the wigmakers trade and benefit lawyers pockets surprise, surprise, I don't suppose that leaving off wigs will make any difference to the lenient sentences passed . But shouldn't they have thought about the less than imposing presence that some have which is only saved by the wearing of the wig.
A R Llewellyn, Cardiff, UK
It a terrible mistake to do away with wigs in civil cases. Our legal tradition and culture is unique and represents continuity with the past. The majority of barristers want to keep the wig and gown. The present gowns were introduced to mark the death of Charles 1. Thankfully they are to be retained for criminal cases at least.
Mumin Hashim, Harrow, UK
Michael Caplan is not right, barristers wear the wig and gown because they have earned the right to do so. If solicitor-advocates want to wear the same Court dress they should take and pass the Bar Finals.
There should be no ban on Court dress until the entirety of the Bar and HM Court Service have been consulted in full for their views.
Gladiatrix, London, England
Please oh please let them replace the garb with something a bit more colourful for both judges and lawyers. The current dress is so drab. Something like they have in France which can easily be put on and taken off and which covers everything so you can wear whatever you like underneath. That should keep everyone happy.
Kevin, Dublin,