HM courts move on
His Majesty’s courts and tribunals in England and Wales have adapted well to the new reign. Judgments have been delivered in the King’s Bench division of the High Court with leading counsel correctly described as KCs.
Dame Victoria Sharp is still listed as president of the Queen’s Bench division on the senior judiciary website but the courts are currently on vacation and these things take time to update. Fortunately, the there is not too much work for the sign writers: the division is an administrative concept rather than a physical space.
The Queen’s Building at the Royal Courts of Justice in London was opened by Her late Majesty and will rightly retain its name.
Law officers
For many years now, there have not been enough senior lawyers in the Commons for the government to appoint as law officers. Edward Timpson MP was appointed as solicitor general on 7 July and sacked on 7 September. He was made Queen’s Counsel on 3 August, the last person to receive that appointment from Queen Elizabeth II. It’s likely to be a century or more before the next QC is appointed.
Timpson’s successor Michael Tomlinson MP will be the first King’s Counsel to be given that rank in the name of the new King. His swearing-in and that of the lord chancellor Brandon Lewis have been postponed until after the Queen’s funeral.
Timpson retains the title of KC for life — although one of his predecessors chose not to use it when he resumed his practice at the bar. There is increasing concern among leading counsel that the full rank (as opposed to an honorary appointment) should not go to those who do not earn it through practice as an advocate.
This concern is justified — but it is just another sign that the system of appointing law officers from the House of Commons has broken down. That, however, is another story.
I believe I was one of the first to note the immediate change.
HM courts move on
Now I have nothing against the thoroughly decent John Timpson who as a barrister practitioner specialised in family law and not especially well paying work. As a scion of the Shoe family who have long worked commendably on the rehabilitation of prisoners my personal very liberal convictions on that subject lead me much to admire him
In fact after a LONG term as a formidable Transport standing Committee Chair on the Labour incumbent’s death he had regained the seat of Crewe and Nantwich for the Conservatives. He then lost that seat to Labour’s Laura Smith - unsure what happened there at the 2019 ge. Now I am surprised to learn that Brandon Lewis has the title KC for life ; what if - wildly improbable, I know- Charles sadly should predecease him and then - even more improbably, I grant you- the next monarch should be a Queen?
I do entirely agree with you Joshua that the title KC should be earned on merit rather than as an automatic procedure for a “political” silk.
I think that brings the entire process of recognising exceptional ability and skill into disrepute and it always has.
I can remember a number of barristers who chose not to take silk on becoming MPs on that basis since they would if having to return to practice as a solicitor or at the bar find themselves priced out of the available market on being thrown out by the electorate.
I was reminded that Keir Starmer on taking silk flagged up the illogicality of his having been dubbed “Her Majesty’s Counsel learned in the Law” , as it so happened by then Prince Charles, since he had long declared himself a Republican..
And so he and His Majesty go back a long way and seem on helpfully friendly terms. Keir of course was later knighted for his services to the law after his commendable and independent stint as Director of Public Prosecutions where he had in particular often had to resist arguably inappropriate pressure from then Prime Minister Theresa May. I did disagree with him about one seminal decision or series of decisions concerning the Paul Tomlinson bypasser of a demonstration who had - frankly- been subjected to a common assault by a specialist riot squad officer who had pushed him from the back to the ground. Causation had been the issue since serious doubt had then arisen as to whether that dangerous unlawful act had directly enough resulted in Mr. Tomlinson’s death. He had had a number of underlying health issues which might have contributed more directly to his death.
Now KC status honoris causa as for you Joshua is a totally different kettle of fish and in my experience and to my mind hugely merited for sterling services such as your own in communicating with such lucidity important legal issues to the public. The same applies to my very good friends Professor Sara Chandler of the Law Society’s Council and the redoubtable specialist in appellate work Glynn Maddox of Crickhowell.