Legal Definitions - going through the bar

The phrase "going through the bar" refers to a specific historical legal practice that was observed in English courts until 1873. It was a daily procedure where the presiding judge would systematically ask all barristers present in the courtroom if they had any legal motions, applications, or requests they wished to present to the court. This process typically followed the order of the barristers' seniority, with the most experienced legal professionals being addressed first. However, on the final day of a court term, this order was reversed, giving junior barristers the first opportunity to present their matters.

• Example 1: A Routine Morning in Court

  Imagine a courtroom in London in 1860. After addressing a minor procedural issue, the judge would then initiate the "going through the bar" process. He might turn to a distinguished senior barrister, Mr. Alistair Finch, and inquire, "Mr. Finch, do you have any motions for the court today?" Mr. Finch, representing a client seeking an extension for filing documents in a complex inheritance case, would then rise to formally present his request. This illustrates how the practice provided a regular, structured opportunity for barristers to bring routine legal matters before the court.

• Example 2: The Junior Barrister's Special Opportunity

  Consider the very last day of the Trinity court term in 1872. On this particular day, the usual order for "going through the bar" would be reversed. A young, less experienced barrister named Ms. Eleanor Vance, who had an urgent application for a temporary restraining order on behalf of her client, would be among the first barristers called upon by the judge. This specific rule ensured that junior barristers, who might otherwise struggle to gain the court's attention amidst more senior colleagues, had a dedicated chance to present their cases before the court recessed for the holiday.

• Example 3: Systematic Management of Court Business

  Picture a busy morning in court in 1868, with numerous barristers present, each representing different clients and with various matters to address. As the judge began "going through the bar," he would methodically call upon each barrister in turn, starting with the most senior. "Mr. Davies, any motions?" "Mrs. Henderson, anything for the court?" This systematic approach ensured that every barrister had an equal, albeit seniority-ordered, opportunity to present new legal business, helping the court manage its daily docket and ensuring no pending matters were overlooked.