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The Law Society Gazette, which is the weekly news magazine for solicitors in England and Wales reported last week that there has been strong resistance from barristers to the proposed abolition of wigs and gowns.
In July, the Lord Chief Justice, Lord Phillips of Worth Matravers had decided had decided on the discontinuance of the 300 year old horse hair headgear and wing collars and bands in all but criminal courts.
At the time he said: "While there will never be unanimity of view about court dress, the desirability of these changes has a broad measure of agreement". Wigs have been used in the courts since 1680 and the black gown was first used to mark the death of Charles II (although the fact has never been said to imply any particular crypto Catholic inclinations among the English bar with some historians saying that the monarch who was being mourned was the staunchly protestant Queen Anne).
The reforms which were to have taken place with effect from the 1st January 2008 would have meant that all 1,300 judges from the High Court down to the rank of deputy district judge, who sit in civil and family cases would wear a simple gown only very much in the manner of US judges as seen on TV. There had been suggestions that simple coloured sashes would define rank. It was said at the time that in family cases judges already habitually dispensed with wigs and gowns and that in international commercial cases foreign litigants found the 17th century attire odd.
Wigs for circuit judges can cost up to £2,595.
It was naturally expected that the Bar would follow the example of the judges. However, in a survey published now 2/3 of respondents support full court dress in civil cases in the High Court (the English equivalent of our Supreme Court) and above. The Bar Council of England and Wales which represents barristers now say that they will pursue a further process of consultation before reporting next March and the Lord Chief Justice has agreed to put the reforms on hold until then.
Ironically, in the criminal courts the use of the wig and gown was to be extended to all advocates, whereas until now only barristers and not solicitors wear wigs. The suggestion in some quarters that the reason for this is that wigs should be worn "when someone's liberty is at stake" has not surprisingly baffled many observers.
In Gibraltar court dress has mirrored the English tradition for several centuries and it is understood that the consensus is that it should continue to do so, with most practitioners considering it unthinkable that wigs should continue to be worn here after they have finally been discontinued in England.
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