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Barristers should not have to ‘tough it out’ against judicial bullying, the Bar Council and Senior Presiding Judge, Lady Justice Macur, have pledged in new guidance for the profession.
‘If you make a genuine and well-founded complaint, and do so in a responsible way, then you will have our full backing, as leaders, in doing so.’
Recognising that judges are also working under significant pressures and that all incidents must be judged in context, the guidance says that bullying behaviour can include personal abuse, sarcasm, contemptuousness, unreasonable demands, relentless criticism, intemperate language, demeaning behaviour or comments designed to embarrass, humiliate or question counsel’s competence or professionalism.
‘However small the number of occasions when judicial bullying occurs, it is always unacceptable,’ the Bar Council said. ‘We need to be able to discuss this without fear of being seen as weak or incompetent. Bullying can and does happen to the strongest and best of us. We must continue to talk about it, and to be proactive in raising concerns.’
Barristers are encouraged, if possible, to take immediate action: ‘A timely response, if it can be given, may be more effective both in addressing the incident itself and in helping the judge to understand the impact.’
New ways of reporting are being developed to help overcome the understandable reluctance to register complaints, given the potential impact on client’s case and a barrister’s career. The confidential helpline is: 020 7611 1426.
The guidance is timely. The Criminal Bar Association has been cataloguing the demoralising experiences of junior – particularly women – advocates in court which, amongst the broader issues of fees and working conditions, are driving many away from the profession. ‘I don’t think I have ever been shouted at like I was by that judge… completely unacceptable... he acted like a toddler. I have decided to leave the Bar for the time being, a big part of my decision to go is the life I am leading as a very junior criminal barrister,’ said one CBA member.
The issue of judicial bullying was courageously outed in 2017 by @MAM12CP, @Familoo and @mcgrathauthor. Jo Delahunty QC raised the profile in her Gresham lecture ‘A Day in the Life of a Judge’ and an article for Counsel (March 2018).
Barristers should not have to ‘tough it out’ against judicial bullying, the Bar Council and Senior Presiding Judge, Lady Justice Macur, have pledged in new guidance for the profession.
‘If you make a genuine and well-founded complaint, and do so in a responsible way, then you will have our full backing, as leaders, in doing so.’
Recognising that judges are also working under significant pressures and that all incidents must be judged in context, the guidance says that bullying behaviour can include personal abuse, sarcasm, contemptuousness, unreasonable demands, relentless criticism, intemperate language, demeaning behaviour or comments designed to embarrass, humiliate or question counsel’s competence or professionalism.
‘However small the number of occasions when judicial bullying occurs, it is always unacceptable,’ the Bar Council said. ‘We need to be able to discuss this without fear of being seen as weak or incompetent. Bullying can and does happen to the strongest and best of us. We must continue to talk about it, and to be proactive in raising concerns.’
Barristers are encouraged, if possible, to take immediate action: ‘A timely response, if it can be given, may be more effective both in addressing the incident itself and in helping the judge to understand the impact.’
New ways of reporting are being developed to help overcome the understandable reluctance to register complaints, given the potential impact on client’s case and a barrister’s career. The confidential helpline is: 020 7611 1426.
The guidance is timely. The Criminal Bar Association has been cataloguing the demoralising experiences of junior – particularly women – advocates in court which, amongst the broader issues of fees and working conditions, are driving many away from the profession. ‘I don’t think I have ever been shouted at like I was by that judge… completely unacceptable... he acted like a toddler. I have decided to leave the Bar for the time being, a big part of my decision to go is the life I am leading as a very junior criminal barrister,’ said one CBA member.
The issue of judicial bullying was courageously outed in 2017 by @MAM12CP, @Familoo and @mcgrathauthor. Jo Delahunty QC raised the profile in her Gresham lecture ‘A Day in the Life of a Judge’ and an article for Counsel (March 2018).
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Switching from a physical blue book to OneNote is simple, secure and game-changing, says Elizabeth Bowden – you’ll wonder how you managed without it...
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
