Mode Of Address: Dame Elizabeth Butler-Sloss [1994] EW Misc 1 (PN)

SIR THOMAS BINGHAM: Since 1988, the Court of Appeal has enjoyed the great benefit of including among its members Dame Elizabeth Butler-Sloss. Formally, she has been a Lord Justice of Appeal and is required to be so styled by s 2(3) of the Supreme Court Act 1981 unless and until that section can be amended. But she has, when sitting in court, been addressed as 'My Lady', as she was when sitting as a puisne judge, and as other female puisne judges are addressed. This has led counsel, when referring to her in court, to adopt the usage 'My Lady, Lord Justice Butler-Sloss'. This usage is plainly absurd. Nothing can for the time being be done to alter the formal position, but for informal purposes it is desirable that reference should be made to Lady Justice Butler-Sloss, so that she will be referred to in court as 'My Lady, Lady Justice Butler-Sloss'. This change was the support of Lady Justice Butler-Sloss, and also of the Lord Chancellor. No offence will be taken if counsel or solicitors slip into the old usage; but it would be regarded as a courtesy if the new were adopted. Since 1988, the Court of Appeal has enjoyed the great benefit of including among its members Dame Elizabeth Butler-Sloss. Formally, she has been a Lord Justice of Appeal and is required to be so styled by s 2(3) of the Supreme Court Act 1981 unless and until that section can be amended. But she has, when sitting in court, been addressed as 'My Lady', as she was when sitting as a puisne judge, and as other female puisne judges are addressed. This has led counsel, when referring to her in court, to adopt the usage 'My Lady, Lord Justice Butler-Sloss'. This usage is plainly absurd. Nothing can for the time being be done to alter the formal position, but for informal purposes it is desirable that reference should be made to Lady Justice Butler-Sloss, so that she will be referred to in court as 'My Lady, Lady Justice Butler-Sloss'. This change was the support of Lady Justice Butler-Sloss, and also of the Lord Chancellor. No offence will be taken if counsel or solicitors slip into the old usage; but it would be regarded as a courtesy if the new were adopted.