I'll drink to that - part 1
^ TOPDrinking before court
Should you ever drink alcohol when you are going to appear in court? The answer seems quite simple - no. Have I ever drunk alcohol when I was going to appear in court? Yes - but with mitigating circumstances. Have I ever drunk alcohol when I was called upon to advise a client? Again yes - but with mitigating circumstances. What both showed was that as a lawyer you never quite know what is going to happen.
^ TOPJudges' lodgings
Sometimes High Court Judges travel on circuit (i.e. when they are not in London and visiting one of the regions - for example the North Eastern Circuit covers roughly Yorkshire and the North Eastern counties, and the Northern Circuit Greater Manchester, Merseyside Lancashire and Cumbria). When they are on circuit they will usually stay in the Judges' lodgings, the building which will house whichever High Court Judges are sitting in a city at that time.
^ TOPThe one time
It was a Friday. I was in Manchester presenting an application for summary judgment (judgment without trial, i.e. without witnesses giving evidence, on the basis that even if everything the defence said were true it still did not amount to a defence) before a High Court judge. My opponent was from London. My submissions (i.e. my argument) finished just before lunch. It was then for my opponent to it make his submissions. I would then be called on briefly to reply (unless the judge felt that his argument could be dismissed without hearing further from me).
^ TOPLunch invitation
p>The judge asked my opponent if it would be convenient for him to start his submissions immediately after lunch. My opponent said yes. He then asked if both of us would join him for lunch in the Judges lodgings. (This meant travelling in the official limousine, having a rather better lunch than we were likely to otherwise, and then coming back). We both said yes.Whilst we were waiting to go to the lodgings, I asked my opponent how he knew the judge. I assumed the judge knew him, and that was why we have received the invitation. "I don't know the judge." He replied. "I assumed the judge knew you.". Whilst a judge would deal fairly between two barristers one of whom he knew and one of whom he didn't, he would normally only extend the lunch invitation (rare in itself) to someone he knew, and as a matter of fairness and courtesy invite the opponent as well. We were both mystified as to why the invitation had been extended.
^ TOPMistaken identity
The mystery was soon cleared. The judge arrived and said to me "So you're Judge Booth's son, are you?". "No." I replied. Myself and my opponent were expecting the invitation to be retracted as quickly as it had been given, but no. We both still went.
The judge was having one small glass of white wine with his lunch, so I decided it was safe for me to have one as well. Of course, I was not the one who was having to make submissions at 2 p.m. That was my opponent. He declined the glass. I thought as this was one off, I would follow the judge's lead.
^ TOPOff the hook
I needn't have worried. By the time my opponent's submissions had finished, I was not called upon to reply. (Having presented your case, the opponent then presents his and having heard his argument the judge thinks you have won then he will not call on you to reply. It is only if he is not sure that he gives you an opportunity to respond to the points they have made. (Since you went first they already had the opportunity to respond to your points).
Therefore on the one occasion I had a drink I was not called upon to actually say anything. I have never been to the Judges' lodgings for lunch since, but if I ever go again I will follow the normal rule, no alcohol when working.
Next week in part 2 I will tell you about the occasion I had to advise having drunk alcohol.