Julien Foster

The tricky business of Judges’ names

From now on, barristers like me will no longer have to worry about calling a District Judge ‘Sir’ or avoiding clumsy expressions such as ‘Has Sir read the papers?’ in court. Nor will I have to wonder if I have to call a judge ‘Madam’, ‘Ma’am’ (to rhyme with dam) or ‘Ma’am (to rhyme with calm). Instead, all advocates, litigants and witnesses in England and Wales will now address most judges in court simply as ‘Judge’, after a new ruling from the Lord Chief Justice and the Senior President of Tribunals. 

My reaction when I heard this news was mixed, as you might expect: lawyers have a reputation for ensuring that the simplest issue has at least two sides to it. We also have a reputation for being traditionalists, instinctively hostile to change. And lawyers have already this year contended with significant changes in nomenclature: we now have a King’s Bench Division, administered by His Majesty’s Courts and Tribunals Service; R now stands for ‘Rex’ in criminal prosecutions; and Queen’s Counsel are now King’s Counsel. 

But while the changes arising from the death of Her Late Majesty the Queen were predictable, the more recent changes to how we address Judges are more surprising and, in my view, welcome. I have on occasions had to test pupils on how a barrister is expected to address various different types of Judge. ‘A male circuit judge sitting in open court in the Old Bailey?’ (My Lord.) ‘A female Circuit Judge sitting in the County Court?’ (Your Honour.) ‘A female High Court Judge sitting next to you on a train?’ (Judge.) During my career, I have experienced all three situations and the third was undoubtedly the most nerve-wracking, for me if not for her. 

Like many elements of our constitution, there is no one place where all the rules can be found, even though the judiciary website has a helpful page entitled ‘What do I call a judge?’ Some things are staying the same.

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