*/
Breadth of roles makes us better lawyers, says Edward Bennett, who acts as Registrar of the BIOT Court of Appeal alongside his busy family practice
The British Indian Ocean Territory (BIOT) Court of Appeal was established by Order in Council in 1976. As far as I am aware, it sat once in the 1980s, and existed only on paper until the end of 2023, when it was resurrected to deal with a surge in litigation in the lower courts largely arising out of a very particular set of circumstances, where the need for justice to be seen to be done is particularly acute. The posts of Registrar, Justices of Appeal and President were advertised through the Judicial Appointments Commission, which also conducted the selection process. Following that process, I was fortunate enough to be appointed Registrar.
The Registrar, a fee-paid role, takes the judicial oath and is part Master of Civil and Criminal Appeals, part costs judge and part legal officer. The role has, thus far, been truly fascinating. All with an eye to the unique context of the territory, and under the leadership of the President, it has involved playing a part in the creation of the court’s infrastructure from scratch, addressing the myriad of issues arising out of the state of the unmodernised procedural rules, and in assisting in the case management of appeals, which are already trickling through.
Why did I do it? I am happily in practice at the Family Bar in London, have been for some time, and have no plans to stop. I suppose it is because I have always had a sense that the Bar has many opportunities for a breadth of different experiences, and that such experiences assist one’s development as a lawyer. I have always valued my brief stint as a trainee solicitor at a City firm where attention to detail was an obsessive cardinal virtue. Likewise, had I not spent time as a judicial assistant, I doubt my drafting and my approach to cases would have been sufficiently honed to get me through the pupillage process, which I only just scraped through even then. Doing pupillage at a mixed set provided a healthy and balanced pupillage experience and, while I happily practise exclusively in family cases now, all aspects of that background have proved useful in my day-to-day professional life. Those experiences, whether simply at the right moment or at the right time, instilled in me a greater confidence or perhaps just a better sense of what an issue might be or how to approach it, and have been invaluable.
Acting as Registrar is no different. The role requires a completely different approach to that I would adopt as an advocate. I have taken the judicial oath but much of the role is public-facing, and acting as an interface between the parties and the court. I very much hope that this different perspective has made (and continues to make) me a better lawyer.
Some of the time management aspects have not been easy, not least because the Registrar role has a different rhythm to that of practice at the Bar. It can be a challenge to attend meetings during working hours, particularly when arranged at short notice and you have long been briefed to attend court at that time. Likewise, you can have your own deadline for a skeleton argument, and yet you also need to have an eye on whether parties have been complying with the BIOT Court of Appeal’s directions. However, for the most part, the flexibility the Bar provides does enable both roles to be done, in the same way as many barristers take on substantive fee-paid judicial roles.
This is a role I am enjoying very much. There are many similar opportunities out there that will help you develop as an advocate and consider new perspectives. These are also roles which those of us at the Bar are ideally suited to bring something to – they need you! Go for it and good luck.
The British Indian Ocean Territory (BIOT) Court of Appeal was established by Order in Council in 1976. As far as I am aware, it sat once in the 1980s, and existed only on paper until the end of 2023, when it was resurrected to deal with a surge in litigation in the lower courts largely arising out of a very particular set of circumstances, where the need for justice to be seen to be done is particularly acute. The posts of Registrar, Justices of Appeal and President were advertised through the Judicial Appointments Commission, which also conducted the selection process. Following that process, I was fortunate enough to be appointed Registrar.
The Registrar, a fee-paid role, takes the judicial oath and is part Master of Civil and Criminal Appeals, part costs judge and part legal officer. The role has, thus far, been truly fascinating. All with an eye to the unique context of the territory, and under the leadership of the President, it has involved playing a part in the creation of the court’s infrastructure from scratch, addressing the myriad of issues arising out of the state of the unmodernised procedural rules, and in assisting in the case management of appeals, which are already trickling through.
Why did I do it? I am happily in practice at the Family Bar in London, have been for some time, and have no plans to stop. I suppose it is because I have always had a sense that the Bar has many opportunities for a breadth of different experiences, and that such experiences assist one’s development as a lawyer. I have always valued my brief stint as a trainee solicitor at a City firm where attention to detail was an obsessive cardinal virtue. Likewise, had I not spent time as a judicial assistant, I doubt my drafting and my approach to cases would have been sufficiently honed to get me through the pupillage process, which I only just scraped through even then. Doing pupillage at a mixed set provided a healthy and balanced pupillage experience and, while I happily practise exclusively in family cases now, all aspects of that background have proved useful in my day-to-day professional life. Those experiences, whether simply at the right moment or at the right time, instilled in me a greater confidence or perhaps just a better sense of what an issue might be or how to approach it, and have been invaluable.
Acting as Registrar is no different. The role requires a completely different approach to that I would adopt as an advocate. I have taken the judicial oath but much of the role is public-facing, and acting as an interface between the parties and the court. I very much hope that this different perspective has made (and continues to make) me a better lawyer.
Some of the time management aspects have not been easy, not least because the Registrar role has a different rhythm to that of practice at the Bar. It can be a challenge to attend meetings during working hours, particularly when arranged at short notice and you have long been briefed to attend court at that time. Likewise, you can have your own deadline for a skeleton argument, and yet you also need to have an eye on whether parties have been complying with the BIOT Court of Appeal’s directions. However, for the most part, the flexibility the Bar provides does enable both roles to be done, in the same way as many barristers take on substantive fee-paid judicial roles.
This is a role I am enjoying very much. There are many similar opportunities out there that will help you develop as an advocate and consider new perspectives. These are also roles which those of us at the Bar are ideally suited to bring something to – they need you! Go for it and good luck.
Breadth of roles makes us better lawyers, says Edward Bennett, who acts as Registrar of the BIOT Court of Appeal alongside his busy family practice
Kirsty Brimelow KC, Chair of the Bar, sets our course for 2026
What meaningful steps can you take in 2026 to advance your legal career? asks Thomas Cowan of St Pauls Chambers
Marie Law, Director of Toxicology at AlphaBiolabs, explains why drugs may appear in test results, despite the donor denying use of them
Asks Louise Crush of Westgate Wealth Management
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
With pupillage application season under way, Laura Wright reflects on her route to ‘tech barrister’ and offers advice for those aiming at a career at the Bar
Jury-less trial proposals threaten fairness, legitimacy and democracy without ending the backlog, writes Professor Cheryl Thomas KC (Hon), the UK’s leading expert on juries, judges and courts
Human rights cases don’t come bigger than this. Tim Otty KC, lead counsel for the Government of Ukraine in its case before the European Court against Russia, talks about the significance of this landmark ruling and other pro bono highlights from his career at the Bar. Interview by Anthony Inglese CB
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB