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From The Times

May 13, 2008

Lord Chief Justice and his funky new gown

Lord Chief Justice is Lord Phillips of Worth Matravers models the gown, with Betty Jackson

Frances Gibb, Legal Editor

For 300 years the wig and gown have symbolised the authority of the court. All that will change in October, when judges in civil and family cases will ditch their horsehair wigs and instead be dressed by a designer whose trademark is “funky British clothes for aspiring funky British girls”.

The new look – a simple gown fastened with poppers – was modelled yesterday by Britain’s most senior judge, the Lord Chief Justice, Lord Phillips of Worth Matravers.

Since his appointment three years ago, Lord Phillips has wanted to be rid of wigs. He has complained of having to change into “five different outfits” depending on the season or occasion. He said that he was very pleased with the result. Of his fellow judges he said: “I’ve not got 100 per cent support but I have the majority. I hope that after wearing the new gown for a while everyone will be happy.”

The robe, designed by Betty Jackson, replaces the wig, wing collar and bands and black gown. Lord Phillips said that it was “very comfortable” and easier to get on and off, removing the need to remove collars and ties to put on wing collars and bands.

Not having to wear a wig, especially in hot weather, would be very welcome, he added. The gown is made of a dark navy gaberdine and wool mix, trimmed with velvet on the cuffs and facings. The version for women has a pleated white removable ruff.

Coloured bands incorporated in the outfit are a nod to tradition and denote seniority. There is gold for the Court of Appeal judges and heads of High Court divisions; red for the High Court judges; lilac for circuit judges when they sit as deputy High Court judges; blue for the district judges. The colour for masters and registrars has yet to be decided.

Lord Phillips, who will become the new senior law lord from the autumn, said: “Quite a lot of judges are not in favour of change at all because it is a break with tradition.” He had not yet heard of any “refuseniks”, but added: “I shan’t be in charge of enforcement.”

Ms Jackson, who was appointed CBE last year, worked without a fee after she was approached by a friend married to an appeal judge. She said: “We’ve tried to keep a link with tradition. The idea of collar bands is retained in the coloured bands. It’s quite a big thing after 300 years of history”. The state will no longer pay for full-bottomed wigs for circuit judges on ceremonial occasions such as the start of the legal year, although they can continue to wear them if they wish.

Last year a public consultation found that the majority of barristers and members of the public found were in favour of keeping full legal dress in the higher courts. That raises the prospect of barristers wearing wigs but judges going wigless.

More than 800 robes are being made by Ede & Ravenscroft in London, William Northam in Cambridge, Taylors of Oxford and Gray & Son, Durham. It will cost £450,000 to supply all judges in civil cases, after which it is estimated that there will be about £200,000 in annual savings.

A spokesman for Lord Phillips said: “They will be replaced after ten years. At present they get one set of robes and they have to keep them for life, however flea-ridden.”

Itching for change

— Lawyers did not wear wigs until the 17th century. Previously they were expected to appear in court with short hair and a beard

— Wigs came into fashion when worn in court in Charles II’s reign

— It took some time to convince judges of the merits of wigs; portraits show them defiantly sporting their own natural hair

— By the reign of George III wigs were out of fashion, but were still worn by bishops, coachmen and the legal profession. Bishops stopped wearing them in the 1830s

— Judges wore full-bottomed wigs until the 1780s when the “bob wig”, with frizzed sides and a short tail, was adopted for civil trials

— The full-bottomed wig, used for criminal trials until the 1840s, is now only for ceremonial dress but will no longer be paid for as part of the judges’ allowance

— Smaller wigs are used daily except in family proceedings or in chambers. They will be retained in criminal courts

— Pros of the wig: worldwide emblem of legal profession; anonymity from criminals; liked by public and defendants.

— Cons of the wig: itchy, dirty (often), hot and old-fashioned; add to perception of judges as out-of-touch and fuddy duddy

What is the obsession with making the legal profession modern and trendy when that is not its purpose. These new gowns are crass. If this is the best on offer, why not just be done with all tradition and just wear suits, or maybe a t-shirt?

Morgan, Cambridge,

Oh dear, this is what you get when you call in a designer who knows nothing about the history of legal dress. In the 1960s, the new universities did a similar thing designing new weird academic dress from scratch. Now, virtually no new unis have followed this practice, favouring traditional designs.

Charlie Huang, Birmingham, UK

"By the reign of George III wigs were out of fashion, but were still worn by bishops, coachmen and the legal profession. Bishops stopped wearing them in the 1830s."

Now that judges have also ditched the wigs, I'm pleased to confirm that my coachman is still upholding tradition.

Home, James...

Sue B, Pontypridd, Wales

The new robes look fine. Both dignified and reportedly comfortable. If you want judges to look really tough, give them a Darth Vader mask.

Miland Joshi, Birmingham,

How many people are aware of our true Justice System from the past, which was destroyed when we were conquered from abroad.?
A Judge or priest etc, who did wrong was also punished.
Go to Trinity College Dublin and witness the truth of what a Judge/Justicemaker is really about.

Truth is vital

Lady Portia, London, UK

Great idea !! Now Judges who sit on the bench without wigs can be easily identified by the criminals and their families they try, and can be hassled like every other member of the public when they leave Court !!!

Forget the fashion, stick to the tradition....

Micheal Scott, Winchester,

The 'de rigeur' outfit reminds me of the film 'The devil wears Prada'. It aint the attire that needs changing; its the 'The lack' of clear, proper and lawful adherence to the laws that needs changing. The laws are there but far to many judgments are not delivered in 'Accordance with The Law'.

Steve, Bournemouth, England

The new design is hideous and has no meaning. Why don't they keep the wigs etc off and retain the existing robe design - maybe subtly recast for comfort and access for new wearers? Problem solved!

Brian Walker, London, UK

Nice to see that my Demis Roussos comment below has been quoted in Charles Moore's article in today's "Daily Telegraph"!

Marc Maitland, London, England

Judges are our humble servants, but somehow the wigs and curls went to their heads over the years.

What is wrong with them dressing casually? sorting out the problems around a table,using OUR language which we all understand, an cut out the ego trips, as we service users have had enough.

Lady Portia, London, UK

Love the Gospel Choir duds! How trendy - today - proactive -
full on.........

What the hell are they thinking? Go back to collars robe and wigs.

Nigel, Grimsby, Canada

The standup collar has overtones of a military uniform. The 'bands' fastened to the outside of the robe look ridiculous. The overall appearance is not dissimilar to a cheap American high school graduation gown.

Richard Ashfold, Harrogate, United Kingdom

I don t understand why the gown is retained while the wig is relinquished. I would have thought that, if anything, the wig is the more relevant part of the judge s attire.

Henry Percy, London, UK

This is an appalling change for change's sake, and I am just glad that, as a barrister, I practise in Crime, and need have nothing to do with this aberration that looks like a combination of Bud Flanagan's music hall coat and a 1970s Demys Roussos get-up for "Top of the Pops.

Marc Maitland, London, England

His Lordship's new gown bears a remarkable resemblance to the Vulcan costumes from Star Trek.

To boldly go where no judge has gone before...

Chris , Nottingham, UK

Absolutely ridiculous. If it ain't broke don't fix it. Political correctness and senseless modernization. I'm getting rather fed up with all of the "braking down of boundaries" thats going on. You'd think the Lord Chief Justice would have better things to do with his time.

AH, Belfast, Northern Ireland

Change for change's sake, abolish legal aid, civil procedure rules, now another cosmetic change despite the public's overwhelming preference for barristers traditional garb. They'll now look like something out of Bill and Ted's Excellent Adventure.

Simon, London,

The judiciary must be mortified to have to wear these new gowns. It looks like a cross between something from a cheap sci-fi film and Die Zauberflöte. The authority the traditional robes with sash convey makes these robes look pathetic. Why modernise for the sake of it?

Howells, J, London,

Now, why do they now remind me of priests from the Witch Trials.?

Is this our new EU takeover code of dress??

Symbols of Law, they may be, but not of Justice.

Shine on Lady Justice- who is female by the way.

Justice tempered with Mercy.

Lady Portia, London, UK

What a disaster. The gown looks like an American judicial or academic gown, cheap, cheap, cheap.

Bands are supposed to be white like collars. If you look at all British ceremonial dress the distinction is in the gown or trim to the gown, not in the collar.

Wilf, Cambridge,

The robe makes the judge in the photo look like a minister in some dubious American 'church' ...

Stuart, Motril, Spain

The toughness of the court needs to shine through in the sentences handed down, not judicial attire. I like the new design and I don't see "tradition" as a particularly strong argument against it. If we all invoked the "tradition" argument, we would still be living in the dark ages.

Tom, Liverpool, UK

more Star Wars than Noel Coward, I think it's grotesque - what IS happening to England?

sarah, france, france

The first thought that came to mind was that they look like something from star trek, I guess the future is upon us! I hope they get taken seriously come court time. And velvet trimmings? Seriously??

Chuck, London,

The High Court of Australia ditched the wigs in 1988, and none of the Justices wear them. We also don't call our Justices "Lords", and in most cases Justices and Judges in Australia are called "Your Honour" rather than "Your Worship". State Supreme Courts however have wigs, at least in NSW anyway.

Matthew Samson, Bathurst, Australia

He looks like a Catholic Bishop. Why the "lord", and why not just Chief Justice

jane, Whittlesey, Cambs

Wigs and gowns have important parts to play. People who believe them to be just pageantry are misinformed.

Firstly they're a great equalizer, a man and a woman look very much alike in the wig and gown.

Secondly they preserve an air of solemnity in court

Thirdly they help anonymize court officers.

John Swaine, St Julians, Malta

Where does the assault on tradition end? Surely the guards outside Buckingham Palace could be more cheaply and pratically dressed in boiler suits? And those big bearskin hats - wouldn't a smart black baseball cap do? Surely they are more comfortable, less hot and itchy?

Neil Hart, London,

"That raises the prospect of barristers wearing wigs but judges going wigless." - this happens today: just go to see an appeal hearing in the House of Lords. Fully robed barristers argue in front of 5 men in suits. And there you all were thinking their Lordships wore the spaniel's ears.

Mr B, London,

It's a cross between a star trek costume and a fascist storm-trooper's uniform.

Neil Evans, London, United Kingdom

WHY are we so determined to be as much like the Americans as possible with respect to court etiquette and dress?!
So much for the majesty of the law...........

kika, Bristol,

I think wigs should remain.

Judges have a very important role to play and anonymity is crucial. The wigs help to conceal their identities. If judges' faces are obvious they may become targets.

The wigs also set judges apart from other people in court - it creates an air of respect.

Amy Rose, Southampton, UK

I think wigs are unnecessary. But the new gown is a bit strange, the velvet trimmings just look a bit tacky.

Preeti, London,

Maybe, mind you, just maybe, England and the courts would have been better served by keeping the wig and getting rid of some of the judges?

Just a thought.

Frank Madigan, Capreol, Canada

Will counsel now have the right to say to the bench "I can't hear you" ?

David Hodgkinson, Derby,

The robe in the picture looks like a dressing gown that Noel Coward might have worn, and is wholly inappropriate for judicial office. Lord Phillips' personal taste in clothing should not be permitted to destroy centuries of tradition of judicial dignity.

James E. Petts, Burnham, England

Reminds me of the symbolism and costume of V for Vendetta. Nice.

V, London, England

Its not the wigs that should be changed but the soft liberal judges themselves and replace them with men who will make the punisment fit the crime.

Geporge Deighton, London ,

Tradition is important but some are just silly. Wigs in 21st Century is one.

Richard, London,

wigs are made out of horsehair and are meant to be a symbol of humility.. I think they should be worn at all times and in all courts. This nicey softy fluffy be friendly with the public is crap. The public need the division of the law to be obvious even in family court.

anne glen, goslar, Germany