Practice Note March 2024

Lord Reed, as President of the Supreme Court, has issued the following practice note in respect of the United Kingdom Supreme Court.

In former times it was common for junior counsel to participate in oral argument before the highest court. In recent times that has become less common. Nevertheless, experience in advancing oral argument is essential if junior counsel are to progress, and experience of advocacy in the highest court can have a particular value. The Supreme Court therefore wishes to encourage parties to give junior counsel opportunities to advance oral argument before it.

Giving opportunities to junior counsel to speak will not always be possible, and will depend upon the nature of the argument and the length of the hearing, as well as on whether junior counsel are instructed. However, in all suitable cases, the Supreme Court expects consideration to be given to a speaking part for junior counsel. From 9 April 2024, when parties provide counsel’s agreed speaking times, the Supreme Court will also expect to receive confirmation, in instances where junior counsel are instructed but will not speak, that consideration has been given to whether junior counsel should have a speaking part.

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