Law Society’s Gazette, 8 January 1992

Dead cat

Sir James Comyn, one of the kindest and fairest of all recent High Court judges, has put together many of the happenings of his life in anecdotal form (in a book entitled Summing It Up).

This book is a feast of legal stories, all true, some remarkably funny. He tells the story of appearing before Judge Clothier QC at Lambeth County Court, when he appeared for landlords seeking to evict a middle-aged lady from her flat on the grounds that she was guilty of ‘nuisance and annoyance’.

Alan Campbell, now Lord Campbell of Alloway QC, appeared for the lady. The case proceeded and Sir James Comyn was satisfied that with the evidence of adjoining tenants he had been able to prove his case.

Then Mr Campbell called his client. She looked sad and demure and attributed all the trouble to her neighbours not liking her and wanting to get rid of her at all costs. It was evident that Judge Clothier was taking a liking to her and being sympathetic towards her.

Sir James Comyn rose to cross-examine. ‘Madam,’ he began, whereupon she bent down into the witness box, rustled in a bag, and produced a dead cat and threw it at him, hitting him on the chest.

Then Judge Clothier uttered these immortal words: ‘Madam, if you do that again I’ll commit you.’ The case was won and Sir James Comyn notes: ‘I count it as a remarkable example of cross-examination.’

Herbert Ascough

Law Society’s Gazette, 29 January 1992

Letter to the editor - Put up or shut up

There is not one criminal advocate reading this letter who has not been whingeing for years about the criminal legal aid system increasingly providing a second-class service.

At the 11th hour the Law Society appears to have awakened from its long slumber and accommodation has been booked at the Palace of Westminster on 12 February for advocates to attend to lobby their MPs.

It is vital that as many of us as possible from all parts of the country do attend that meeting. Let us stop whingeing in the advocates’ room and put up or shut up. There will not be another chance.

John McMillan, Telford, Shropshire