At Garden Court, we understand that going to court can feel daunting. Our Public Access barristers are not only recognised for their legal expertise — they’re also here to make sure you feel supported, comfortable, and confident throughout the process.
Knowing what will happen at each stage can help you feel more at ease and in control. Here’s what it’s like to work with a Public Access barrister from Garden Court.
So, you’ve met with your barrister for a conference, they’ve helped to draft any preparatory documents, and you’ve filed the papers with the court. What next?
Preparing the day before
Your barrister will bring a copy of the bundle so you don’t need to. If possible, bring a pad and a pen in case you need to pass your barrister a note in Court.
If you will be giving evidence at the hearing, it will be helpful to familiarise yourself with your witness statement(s) beforehand. You can refer to your statement if necessary whilst giving evidence. There is no need to read or memorise the entire bundle – your barrister will answer questions on your behalf.
At a minimum, there should be water stations and a vending machine available in most courtrooms. Just in case, bring snacks and water – you will have a break for lunch but court hearings can involve a lot of waiting. Smart dress is recommended if possible but there is no strict dress code for Court.
Getting to court
You can find directions to any court at this address, as well as some details on accessibility and parking if available: https://www.gov.uk/find-court-tribunal.
Be sure to arrive at court in good time. Most hearings require the parties to be there an hour before the official start time so that the parties can have discussions. Be aware that there can be quite a long queue outside some courts to get through security, which can include scanning you and checking your bag.
Within the court building, there will be a number of courtrooms and there may be different types of cases being heard alongside family law matters. You will usually receive details of your courtroom the night before your hearing but if not, the court usher will be able to tell you which courtroom you are in and sign you in. The usher can be found at their desk or walking around the waiting area. Alternatively, you can check the case number on the court list. If in doubt, call your barrister.
Waiting…
Be aware that the time ‘listing’ is only an estimate and unfortunately these can often be wildly inaccurate. Courts often list multiple cases at the same time to allow time for negotiations, so you may end up waiting at court for a much longer period. Although the judge will make the final decision about the order in which cases are heard, let your barrister know if you will have difficulties staying beyond a certain time and they can speak to the usher on your behalf.
You will often need to spend time waiting outside the courtroom for the hearing to be listed. Your barrister will use their best endeavours to find a private room, but these can be very limited. Your barrister will always try to find a quiet area to speak in, even if this is on another floor.
Your safety and access to the Court
If you have a disability, please do let your barrister know as soon as possible so that they can work together to seek reasonable adjustments from the court. Accessibility in the family courts has improved over recent years but some courts have made greater strides than others, so do not hesitate to let us know if there is assistance that we can provide.
If your situation involves factors such as domestic abuse, it may be appropriate to ask for special measures such as separate entrances and exits, separate waiting areas, or screens in the courtroom. We know that attending court can be a daunting experience under any circumstances and we will support you wherever possible.
It can sometimes be a surprise to see your barrister speaking to your ex-partner (if they are representing themselves) or their legal representative. The judge will expect the parties to attempt to narrow the issues outside court and, where possible, to negotiate. Discussions can also include any lawyer attending on behalf of your children or multiple lawyers if you are involved in public law (care) proceedings.
As a result, you may need to spend some time waiting while your barrister negotiates on your behalf. We will always ensure that you are fully involved in that process and that you are waiting in a safe place while discussions are ongoing. It can however be beneficial if there is someone who can attend with you for additional support. This may be a friend, family member or someone else supporting you. They will not generally be allowed to enter the courtroom unless the judge and others parties agree but they can wait with you in the waiting area and be there for moral support.
If you are particularly nervous about attending court, it may be possible to arrange a tour of the courtroom before your hearing. Clients often find this enormously beneficial as a way of demystifying the process. Please let us know as early as possible if this is something you may find helpful.
Inside the courtroom
At some point, the usher will call everybody into court. Make sure that your phone is turned off – this will inevitably be the point that your mum rings to check how you’re doing. Remember that recordings and photographs are not allowed in court.
The judge may or may not be in court when you are called in. If able to do so, you will be asked to stand when they enter. Your tribunal may be a single judge or three lay magistrates. Magistrates are not legally trained, so they will be accompanied by a legal advisor who assists them with matters of law. You can ask your barrister what to call the judge but don’t worry too much – even if you’re spoken to directly, you are not expected to remember court terminology.
Once you are in court, you will sit in rows – your barrister will be in front and the parties (you and your ex-partner) will be behind. If your ex-partner is in person, they may sit on the same row as the barrister. If there are special measures in place such as screens, the usher will ensure that you are safely behind a screen before your ex-partner enters.
If it’s an interim hearing, the judge may hear from your barrister and the other side before making case management decisions. You may be asked to go out of court again to see if you can narrow down the issues after hearing the judge’s initial thoughts.
If it is a contested or final hearing, either yourself, your partner, or any other parties in the case may need to give evidence. It is likely that you will give evidence from the witness box– your barrister will show you where that is. You will be asked to swear an oath, either by swearing on a book or giving a non-religious affirmation. You’ll have papers in front of you to refer to and there may be questions from the other parties. After hearing all the evidence, the judge will give a judgment. This will often be given on the same day. If the case is particularly complex, you may need to wait for judgment to be given on another day.
Let your barrister know as soon as possible if you are worried about leaving court at the same time as your partner. If there are concerns about domestic abuse, it will be possible to leave at different times or occasionally via different exits. Your barrister might also discuss practical safety issues with you, such as getting to a train station or where to park your car.
We know how intense and overwhelming going to court can be. Helping you to feel safe, to understand what is happening, and to get the best possible outcome are our absolute priorities. Do not hesitate to raise concerns – supporting you is what we’re best at.
Public Access Barristers
Our expert barristers offer excellence in legal advice and representation, as well as unrivalled expertise across many areas of law, to individuals and businesses.
When you contact the Public Access team we will discuss with you the full scope of work you are instructing the barrister for and this will be set out clearly in writing for you.
Please call us on +44 (0)20 7993 7777, email us at pa@gclaw.co.uk, or fill out the form.
