We note with interest several pieces in the American blogosphere this week commenting on the UK Supreme Court.  The Wall Street Journal quotes Justice Breyer’s comment that the UK is “taking a leaf” from the SCOTUS’ book, after 200 years of common law going ‘the other way’.  The Harvard Law Review wonders whether it is all worthwhile (before happily concluding that it is much ado, and not nothing).  Concurring Opinions report on the possible candidates for the Twelfth Justice.  But it also seems there is much concern amongst commentators about the choice of dress for the UKSC Justices, and in particular the fact that they will not be wearing wigs and gowns.  UKSC Blog would like to allay any concerns that the UK’s highest court is eschewing formality.

In fact, the Law Lords in the House of Lords did not attend hearings in wigs and gowns, but in business suits, reflecting their status as members of the Upper House of Parliament, where business is conducted without formal Court dress.  So if anything, the new black and gold ceremonial Supreme Court robes are a step towards formality and not away from it. 

On the other hand, it is fair to say that the Judiciary generally in the UK are moving away from traditional Court dress when sitting in hearings.  For example,  Lord Justices in the Court of Appeal of England & Wales have now adopted a sober dark robe with gold trim around the neck – in essence, a less flamboyant version of the Supreme Court robes – in place of the traditional wig and gown.  In the (civil) High Court and (criminal) Crown Court, Judges are only required to wear the wig and gown at trial and other limited circumstances.  For almost all hearings other than trials, for example interlocutories, suits will be worn. 

However, the rules are not so relaxed for advocates.  Barristers in the Supreme Court (as well as at trial in the High Court or Crown Court, and in the Court of Appeal generally) will still be required to wear wigs and gowns when acting as advocates.  So whilst the UKSC has followed SCOTUS and taken the lead at embracing modernity in some respects (for example, the decision to televise hearings), in other respects it has still allowed plenty of room for the traditional and ceremonial.

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