Bar survey backs retention of wigs in civil cases - profession to work with senior judiciary to find way ahead
4 December 2007
A survey conducted by the Bar Council has found that the majority of respondents back the retention of wigs in civil and family cases. The Bar Council, which represents 15,000 barristers in England and Wales, conducted the survey following an announcement in July 2007 by the Lord Chief Justice that the Court Dress worn by Judges sitting in civil and family cases would be changed in January 2008. Judges sitting in these cases will wear a newly designed gown, but no wigs.
The Bar Council now intends to consult further with the profession and other stakeholders as to what (if any) changes should be made to the Bar’s court dress in civil and family cases, bearing in mind the results of the survey.
The results of the survey have already been provided to the Lord Chief Justice, who has agreed that the Bar Council’s consultation should take place, and that the Bar Council’s recommendations as to the Bar’s court dress in these cases should be reported to him by 1 March 2008, so that he can announce what dress will be worn in time for any changes to take place after Easter 2008.
The Bar Council sought to gauge the level of support for dress change amongst barristers and other interested parties. The consultation received over 2,700 responses, from barristers and interested parties such as members of the House of Commons and House of Lords, students, solicitors and the public.
The findings demonstrate overwhelming support for the retention of existing court dress in 2008 and beyond. This support was particularly strong amongst those other than barristers.
The results of the survey were that, for civil and family proceedings, respondents supported the retention of the current full Court Dress (gown, wig, wing collar and bands) in the House of Lords (64%), Court of Appeal (66%), High Court (61%) and County Court (47%). Retention was particularly supported for serious cases where a loss of liberty was at stake.
‘Suits’ were deemed the second most appropriate dress in each court, and both ‘current Court Dress minus wig’ and ‘current court gowns over suits’ registered only minor support.
These results echo an earlier consultation undertaken in 2003 by the Bar Council.
The desire to retain existing Court Dress evidenced by this consultation follows findings from a separate MORI poll (1) announced on the 21 November 2007, confirming that satisfaction with the services which barristers provide is high.
Chairman of the Bar, Geoffrey Vos QC, said:
“It is quite clear from the large number of responses to the consultation that there are strong views on both sides about the retention of wigs and gowns. However, our consultation indicates a desire to maintain the status quo and for our historic traditions to continue to play a part in the civil justice system. Respondents felt strongly that traditional dress should be maintained in the higher courts; it now remains for us to establish how best to implement these responses. We look forward to working with the profession, in close co-operation with the senior judiciary, to find a satisfactory way forward.”
Tim Dutton QC, Chairman of the Bar-elect, 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.”
