Well done to Birmingham advocate Geraldine Toal who, according to press reports, stood up to a Crown court judge during a sentencing hearing, complaining she ‘refused to be bullied’. The judge was reported to have taken issue with her advocacy. Ultimately, the pair set aside their differences and concluded the hearing. There is no suggestion that this event was anything other than a one-off, but many advocates have had to deal with difficult judges; and judges with some difficult advocates.
In 1984, the late Rudy Nurayan, a man who could quarrel when alone, was expelled from chambers for hitting the head of his set during a conference. Then there was John Averill, who refused to bow to the judge when he entered court. FE Smith, later Lord Birkenhead, who could be cuttingly rude to judges, informed one who said he was no wiser having argued with Smith that at least the judge was now better informed. Billy Rees-Davies, when told by the judge that the bench would do the summing-up, replied that he was saving his lordship the time and trouble, and continued delivering asides to the jury during cross-examination.
Some of the more difficult tribunals of my time included Master Lawrence, sitting in chambers, who would push an advocate’s papers onto the floor at the end of a case and leave him to scrabble under the table while he heard the next. Lord Justice Goddard would pick his nose when he lost interest. And Ewen Montagu of Middlesex Sessions, of whom the Court of Appeal once said that while it could not condone Montagu exclaiming ‘Oh God’, laying his head on his arm, and groaning during a barrister’s speech, such behaviour was insufficient grounds for appeal.
I was there when Montagu began fidgeting and rolling his eyes during a Wilfrid Fordham mitigation. ‘I hope Your Lordship isn’t getting bored,’ said Wilfrid.
‘I’m trying hard not to Mr Fordham.’
‘I hope Your Lordship will try a little harder then.’
You can only say that when you are very senior.
James Morton is a writer and former criminal defence solicitor
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