Observations
Dealing with Judges may well seem daunting, and once upon a time Judges may have had a reputation as being grumpy, old, white men, with very posh accents – and who would take two hour lunches in the finest Chancery Lane restaurants, washed down a bottle of the 1928 Burgundy.
Whilst it’s a fun stereotype, and possibly on occasion accurate – the Judiciary really isn’t like that any more (if it once was). The Judiciary is hugely diverse with people of all genders, colours, creeds and religions sitting across a variety of Courts.
In the Small Claims and County Courts you may find your Judge is younger than expected, perhaps in their late 30’s or 40’s – and likely to be refreshingly down to earth. In the Crown Courts and higher Courts, Judges tend to be older having established their careers in the lower Courts on a part-time basis, or as Barristers; they will typically be in their 50’s or 60’s – but highly intelligent, certainly not dinosaurs, and certainly not to be underestimated by either side. Older Judges can be very good at quickly seeing the wood through the trees – often because they’ve seen it all before!
Whether your Judge is younger or older, they will be highly intelligent and absolutely scrupulously fair. No decisions will be made unless both sides are heard, and the process and/or reasons behind any decision a Judge makes will be explained in a very detailed way.
Addressing the Judge
Depending which Court you are in, you will need to address the judge in different ways. I doubt a Judge will get angry if you get it wrong, but as a point of politeness, it’s worth getting it right.
District Judge – “Sir” or “Ma’am” (Small Claims and County Courts)
Circuit Judge – “Your Honour” (County Courts or Crown Courts)
Senior Judge – “My Lord” or “My Lady” (High Court, or a senior Judge sitting in the lower courts)
Advice
Treat any hearing before a Judge like a professional business meeting. Whilst the notion of going to Court or dealing with a Judge may be daunting – really it’s a straightforward meeting between different people, with different positions. When you do get to speak, be polite, be calm, be courteous and be clear on your position. Don’t get angry or lose your temper with the Judge, but do direct the Judge (politely) if you think they have misunderstood your position.
If your opponent is due to speak first, you may get the impression your opponent is getting a bit too much speaking time, but its simply the case Judge wants to hear everything they have to say before your get your turn.
When the Judge gives your opponent more airtime than you’d hoped, as tempting as it is to get annoyed and frustrated don’t – you can use it to your advantage. Often the more your opponent speaks, the more they are likely to over-share.
The more the Judge asks your opponent questions, don’t assume its because the Judge is siding with them – often, it can be the case the Judge has spotted a fundamental weakness or problem in their case, and if you’re clever you can jump right on it when it’s your turn to speak!
Don’t feel rushed because your opponent has spoken for longer than expected. Always listen to any points the Judge puts forward – again look for clues. The Judge mat well have spotted things that you haven’t! The Judge may be handing you clues or points on a plate to use against your opponent when it’s your turn. At other times, the Judge may be exposing a weakness in your case that you need to think about on your feet, or can be preparing to address.
Don’t interrupt. Your opponent (or their legal representative) will almost certainly say things you disagree with, and maybe even which are incorrect or untrue. Unless the Judge is being seriously misled, or you seriously need to object – simply make a list and address the Judge with the issues when it’s your turn. Often it’s the case Judges will highlight things that are incorrect if they have read your case well.
Keep to the point. This may seem obvious, but sometimes a question from or a Judge, or even an entire hearing may relate to one specific and narrow issue. You don’t need to (and it will irritate the Judge if you do) go into anything wider than what the hearing or the question is about – even if you may want to! Doing so will dilute your position, and maybe even distract from the actual issue(s) the Judge has to decide.
Depending on the complexity of the issues the Judge has to decide, they may “reserve” Judgement, meaning that they will write to you at a later point with their decision with a document called a Judgement. This is never a bad thing, as it means the Judge will look over any paperwork they have, as well as having remembered what you’ve told them.
Remember
A Judge is not there to take sides. They can express their views based on the information or evidence before them, but they can’t argue anyones’ case for them – which is why it’s important to see if you can decipher any underlaying clues they are giving and make those persuasive enough to win.