Private financial dispute resolution judge, West Sussex

My path into law was circuitous. Graduating with a politics degree during a recession in 1985, I became a cleaner and CAB volunteer while looking for career opportunities. A local solicitor then took me on as an office junior where I made tea and ran errands until gradually I was given more responsibility. They offered to fund legal training if I stayed. I did, staying for over 20 years.

Orla O’Hagan

As a non-law graduate, I completed the Common Professional Exam by correspondence over two years while working full-time. I then did two years’ articles, and one year at the College of Law for solicitors’ finals. I qualified in 1991, specialising in family law. More volunteering followed with Home-Start and running a free advice clinic. I also trained and practised as a mediator.

With a passion for justice, I began to covet a judicial career. I researched thoroughly, did some judicial shadowing, and eventually applied for a deputy district judge (DDJ) post. I was appointed in 2010. This required detailed preparation with a year-long selection process, including tests, panel interview and mock hearings.

As well as the transition from adviser to decision-maker, there is a steep learning curve, especially for family practitioners because the civil jurisdiction is vast. One must quickly absorb huge swathes of often unfamiliar material, apply the facts, law and evidence and make sound decisions. DDJs sit part-time in different courts which can be isolating, although I always found other judges welcoming.

'A family solicitor and mediator brings empathy, patience, listening and communication skills into the judiciary, as we see people at distressing times of their lives'

Training was a one-week residential course and five days observing judges in court. My first sitting was terrifying: a possession list of 50 cases, the harsh reality of housing lists in bigger London courts. DDJs have a mentor and annual appraisals by a district judge (DJ) observing them in court which provides helpful feedback.

A family solicitor and mediator brings empathy, patience, listening and communication skills into the judiciary, as we see people at distressing times of their lives. Tensions run high, clients are vulnerable, some need protection, and child issues require particular sensitivity and care. With more unrepresented parties in court and a wide range of court users, those skills are vital in a judge.

Why are there not more solicitor-judges? For barristers, the courtroom is their natural habitat, so they may fare better in selection exercises and be more aware of judicial opportunities. I think major improvement in conditions and infrastructure are needed to attract and retain judges, wherever they come from. Becoming a DJ involves another, tougher application – and the role is more demanding. You also now have a court to run and more responsibilities. Management runs things from above but it is still your court. You have to know what is going on and there are staff and deputies to consider. I started as a DJ in February 2020. There was no further training so I was a DDJ one day, a DJ the next. Then within weeks Covid happened and everything changed.

Covid caused unprecedented disruption to a court system already regarded as in crisis. Despite judging for 10 years, I was a new DJ who was soon thrown into a maelstrom with my court closing temporarily and relocating. In addition, there were new procedures, new IT, remote hearings and an expanding workload. Court users complained about increasing backlogs and delays, papers not reaching judges, aborted hearings and late adjournments. I began to feel compromised and unable to do the job as well as I wanted to. At this point, I decided to leave. This was a real waste as I worked incredibly hard and cared deeply about making fair and just decisions.

Having conducted countless FDRs in court (dispute resolution in divorce money cases) I was convinced they could be more effective given extended time. So after judicial office, I started a private financial dispute resolution business. PFDRs usually devote a day to each case, maximising the prospect of settlement, rather than an hour of judicial time in a busy court list, which might also be adjourned and delayed. Settlement at FDR stage obviously saves the cost, delay and uncertainty of ongoing litigation. I also hold a public appointment with the Home Office, as a member of the Independent Family Returns Panel, safeguarding children being removed from the UK.

 

Topics