The legal profession has come out strongly against scrapping wigs despite a decision by the Lord Chief Justice to abolish the traditional horsehair for judges in civil and family courts from the New Year.

The split has emerged from a survey commissioned by the Bar Council after the Lord Chief Justice said in July that judges will move to a new simple gown with no wig from January 2008.

Lord Phillips of Worth Matravers said at the time that he expected that the legal profession would follow the costume worn by judges in any given court, saying: “It is expected that advocates will adopt a similar dress code to that of the judge.”

In criminal trials, wigs for both judges and barristers are to be retained.

But the survey published today of more than 2,700 lawyers, judges, court users, and students has come in in strong support for keeping the traditional court dress that dates from the 17th century.

A two thirds majority favoured keeping existing court dress — gown, wig, wing collar and bands — in the House of Lords, Court of Appeal and High Court. Just under half wanted to retain the dress for the county court, where it is less often used.

The survey found only minimal support for “current court dress minus wig” or “current court gowns over suits” (without wing collars and bands).

There was particularly strong support for retaining wigs and gowns where the loss of liberty of a defendant was at stake.

The findings, which have been sent to the Lord Chief Justice, Lord Phillips of Worth Matravers, will now lead to a further consultation by the Bar Council, which represents 15,000 barristers in England and Wales, as to what to do and what guidance to issue.

Yesterday Lord Phillips said: “I have agreed with the Chairman of the Bar to await the recommendations of the Bar Council as to the Bar's court dress and to give directions as to court dress to be worn by advocates in light of these".

The findings raise the awkward prospect of judges going ahead with the change to their costume while the barristers appear before them in traditional dress.

Currently the designer Betty Jackson is devising the new simple continential style gown to be worn by judges in civil and family cases.

Tim Dutton, QC, chairman-elect of the Bar, said: “What is particularly interesting in this consultation is that it is those who are non-barristers or non-practising barristers, who recognise the importance court dress plays in our legal system and feel strongest about its retention — this is an issue of importance to everyone, particularly consumers — not just barristers.

“Our court dress is a hallmark the world over of the Bar of England and Wales. We must, as the survey indicates, be very careful to maintain the dignity of the process, but also to provide greater clarity to the system where different practices have begun to develop in different courts.”

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