Senior judges call for greater role for junior counsel in advancing oral arguments in court

Senior members of the judiciary have issued a statement calling for greater participation of junior counsel in courts and tribunals hearings.

The statement was issued by: Baroness Carr of Walton-on-the-Hill, Lady Chief Justice of England & Wales; Sir Geoffrey Vos, Master of the Rolls; Dame Victoria Sharp, President of the King’s Bench Division; Sir Andrew McFarlane, President of the Family Division; Sir Julian Flaux, Chancellor of the High Court; and Sir Keith Lindblom, Senior President of Tribunals.

It reads: “Allowing junior counsel to participate in oral argument supports their continuing development as advocates. There is also anecdotal evidence, supported by empirical data from a Supreme Court study, that women are under-represented as leading advocates, especially in major civil and Business and Property Courts litigation.

“It is desirable therefore to give junior counsel in general, and female junior counsel in particular, better opportunities to advance oral argument in courts and tribunals.”

The statement adds: “It is acknowledged that this will not always be possible, and will depend upon the nature of the argument and the length of the hearing.

“However in all suitable cases involving leading and junior counsel, particularly where junior counsel has been heavily involved in the drafting of the written argument, judges will be expected to ask whether a speaking part for junior counsel has been considered, and will generally be amenable to both junior and leading counsel addressing the court or tribunal (junior counsel may for example, deal with intermediate points in the principal argument). In cases where this issue is likely to arise therefore, the parties should consider it in advance of the commencement of the oral argument.”