Queen Elizabeth II
Queen Elizabeth II

Along with the entire nation and the Commonwealth, we mourn the death of Her Majesty The Queen. We are profoundly grateful for her 70 years of service and her contribution to the public life of the country, and our thoughts are with her loved ones.

Here is how the legal world is responding.

13 September

12:25: As highlighted last week, the Criminal Bar Association decided to cancel demonstrations and public gatherings planned for this week as part of its ongoing strike action.

Today it also confirmed that its previously scheduled meeting with the new Justice Secretary Brandon Lewis would be moved, given the mourning period for Queen Elizabeth II. It will now take place on 20 September.

12 September

15:00: The British and Irish Legal Information Institute (Bailii) has published its first judgment from the King’s Bench Division today, according to the blog, Legal Style. 

The court released its judgment in Dan Marinescu, Florin Rusu and Iulian Varlan v Jedecatoria Neamt, Romania and Judecatoria Iasi, Romania Iasi City Court of Law, Romania. The case was an appeal against a decision ordering that the three be returned to Romania pursuant to a European arrest warrant. Firms involved include Shaw Graham Kersh and Taylor Rose MW, along with Old Square Chambers’ Ben Cooper KC and John Hardy KC from Three Raymond Buildings.

09:00: Our Horizon today noted how 101 barristers became silks in 2022, considerably higher than the 17 appointed in the year of the Queen’s coronation.

The Ministry of Justice has confirmed to The Lawyer that since 1995 alone, a total of 2,492 barristers have been awarded silk by the Queen.

9 September

16:50: The Criminal Bar Association (CBA) has said that demonstrations and public gatherings planned for next week will not now take place. Earlier this month, the CBA proceeded with indefinite strike action over pay. Demonstrations and gatherings for the week commending the 19th will be kept under review.

It added that action continues, in accordance with its ballot in August. This means criminal law barristers will continue not to accept new instructions/returns and continue not to attend court.

Finally, the CBA said: “Many of our members are very upset at the passing of the Queen. Many have met her; others attended her garden parties and for others she has been the constant through this country’s tumultuous times. She is the only Monarch we have known. Irrespective of differing views on the institution, the Queen’s public service has been immense.”

14:20 Earlier today, the Dean of the Faculty of Advocates, Roddy Dunlop KC, brought up the issue of mourning bands and weepers, traditionally worn by barristers in a period of national mourning. The outfitters to the Bar are addressing this too, with sources observing long queues in the early hours outside Ede & Ravenscroft.

Ivy & Normanton, specialising in legal attire for women, said: “We regret the passing of HRH Queen Elizabeth. If any members of the Bar, clergy or academia would like to mark her passing by wearing mourning attire we have weepers and mourning bands available on our website.”

Earlier this afternoon it added it was developing a mourning collarette, but these sold out quickly.

 

 

11:00 Crown Chambers is among the first to use the phrase “His Majesty The King” in its tribute to The Queen.

10:30: Clifford Chance has also paid tribute. The magic circle firm noted The Queen’s “unwavering duty and service” and offers its condolences to the Royal Family.

10:00 Change has already begun at the Old Bailey, with the first case to be called into court in the name of The King since 1952.

09:45: Hogan Lovells has recognised The Queen’s “steadfast leadership” and how she was an “example to all”.

08:30: Shakespeare Martineau‘s CEO has tweeted out her tribute to the Queen. Sarah Walker-Smith said:

Across the Bar, there are several changes to take effect, such as QCs becoming KCs and also court cases now being taken on by Rex as opposed to Regina. This was highlighted by Pump Court Chambers‘ barrister Matthew Scott on Twitter as he noted how “prosecutions are now Rex v.”

The Next 100 Years Project, a campaign to advance generations of Women in Law, has also paid tribute.

Following other tributes from Linklaters and Freshfields last night, Allen & Overy has said:

Linklaters, which has changed its logo temporarily from pink to black, posted last night: “It is with great sadness that we acknowledge the passing of HM Queen Elizabeth II. We extend our deepest sympathies to the Royal Family and all those affected at this sad time.”

Barristers are also expressing their thoughts on the change from QC to KC. Trinity Chambers’ James Corbett, who became a silk in 1999, has said that “laying aside 70 years takes adjusting”.

Serle Court silk John Machell added that he had: “just amended my email footer from QC to KC. A mundane and unimportant task in itself, but poignant and affecting for me personally.” He became a QC a decade ago.

Other silks on Twitter have said they want to wait a few more weeks before the change. James Robottom of Matrix Chambers tweeted: “It’s unclear to me that we need the self referential KC KBD chat straight away.”

Thomas de la Mare, who made silk at Blackstone Chambers in 2012, said he “broadly” agreed “especially about the rush to change honorific letters.”

He added:

It’s also true the law contains so many pointers to the Queen. A weak analogy, but I think for me it is going to be a bit like finding photos, birthday reminders, handwriting of those who are gone.

The Dean of the Faculty of Advocates, Roddy Dunlop, has brought up the issue of weepers. These were worn by judges and silks in a period of mourning, in addition to mourning bands, according to a 2017 blog post from former judge Sir Henry Brooke. Mourning bands saw the cuffs of the waistcoat covered with a white material enabling barristers to use their sleeves to dry their eyes. The coverings were known as weepers.

Dunlop highlighted that weepers are not required to be worn, as per a memo issued last year on the passing of the Duke of Edinburgh.

 

Meanwhile, in private practice, a Mishcon de Reya associate drew attention to various reactions in the legal industry.

 

8 September

19:20: The Law Society of England and Wales has expressed its condolences. President I. Stephanie Boyce has said: “On this sad occasion we share in the grief of the nation at the passing of Queen Elizabeth II. On behalf of the solicitor profession, I would also like to offer our condolences to the Royal Family.

“As the holder of a Royal Charter, the Society has been very grateful to the Queen for her role in public life, as a defender of the constitution and source of stability in an era of great change. As our longest serving monarch we’re thankful for the way she dedicated her life to the service of this country.”

There has also been a statement released by the General Council of the Bar of England and Wales. Its chair Mark Fenhalls KC said he has written to the family to offer his condolences.

“The Officers, members and staff of the General Council of the Bar of England and Wales join with colleagues across the legal professions in mourning the loss of our country’s most devoted public servant.

“Throughout a long, loyal, and steadfast reign, Queen Elizabeth II embodied the symbolic role of the figure in whose name justice is carried out with great integrity.

“I have written to offer our deep and sincere condolences to His Majesty The King. Our thoughts are with the Royal Family at this time.”

The announcement by Mark Fenhalls KC highlights that barristers’ titles will now be amended from Queen’s Counsel to King’s Counsel. Earlier today, the Ministry of Justice confirmed that Queen’s Counsel would instantly become King’s Counsel if such an event were to take place. The change happens on-the-spot as no formal requirements or processes need to be completed.

The Bar Council has also responded to a tweet on the issue of the title change and said:

“We have been advised by the Crown Office that the title Queen’s Counsel (QC) changes to King’s Counsel (KC) with immediate effect. The change is automatic so there are no new Letters Patent.”

Government guidance maintains that UK courts will remain open and unaffected by the monarch’s death and the subsequent national mourning period, as set out by the Demise of the Crown Act 1901. Such protocols are among those covered by Operation London Bridge, the official plan of action on and immediately after the monarch’s passing. The codenamed operations works concurrently with Operation Spring Tide, the plan for the Prince of Wales’ accession to the throne.

Away from the Bar, Freshfields Bruckhaus Deringer has expressed condolences on Twitter.

Meanwhile Inner Temple has said a condolence book will be available for members.

The Honourable Society of Lincoln’s Inn has said it “is deeply saddened by the news of the death of Her Majesty Queen Elizabeth II.”

In a statement posted online, it said the Queen visited the Inn several times during her long reign, most recently on 13 December 2018 to open the new Ashworth Centre, and reopen the Great Hall.

“All who were there remember her generosity, warmth and good humour.

“The Inn’s flag will be lowered to half-mast as a mark of respect and the Chapel bell will toll in her honour. A Book of Condolence is to be opened at Lincoln’s Inn. This will be available in the Library for members to sign until the day following The Queen’s funeral. The book will be retained in the Inn’s archives as a record of our respect for the service and leadership which The Queen provided to the nation for over seventy years.”

The Criminal Bar Association (CBA), which earlier today said it was anticipating a meeting next week with the Lord Chancellor on its ongoing strike action, this evening expressed its sorrow for the Queen’s passing.

A statement from Kirsty Brimelow KC, chair of the CBA, said: “The Criminal Bar Association joins with legal professions across the commonwealth in mourning the passing of Queen Elizabeth II.

“We pay tribute to the Queen’s steadfast and true public service and offer our deep condolences to His Majesty the King and the Royal Family. We mark with sorrow and dedication to justice the change of Queen’s Counsel to King’s Counsel.”

Joining Freshfields among the private practice law firms expressing their condolences is Womble Bond Dickinson.