Legal Definitions - patent of precedence

Patent of Precedence

A "patent of precedence" was a historical legal document issued by the British monarch (the Crown) to a barrister (a type of lawyer who specializes in courtroom advocacy). This special grant served as a way for the Crown to honor distinguished barristers by formally elevating their professional status and granting them "preaudience" – the privilege of being heard before other, less senior barristers in court proceedings. The specific advantages and the order of priority were explicitly detailed within the patent itself.

• Example 1: Recognition for Decades of Service

  Imagine a barrister named Sir Alistair Finch who has dedicated over thirty years to public service, successfully prosecuting numerous complex cases on behalf of the Crown and advising on critical legal matters. To acknowledge his exceptional contributions and loyalty, the monarch might issue a patent of precedence to Sir Alistair. This would mean that whenever he appeared in court, he would be granted the right to present his arguments before other barristers who did not hold such a patent, regardless of the specific case or their own years of experience. This elevated his standing and influence within the legal system.

• Example 2: Acknowledging a Landmark Legal Victory

  Consider Ms. Evelyn Reed, a brilliant barrister who successfully argued a groundbreaking constitutional case that significantly reshaped a particular area of law. To commend her extraordinary legal skill and the profound impact of her work, the monarch could grant her a patent of precedence. This honor would not only be a public recognition of her brilliance but would also provide practical advantages, such as ensuring she is given priority in speaking order when multiple barristers are present in court, thereby enhancing her authority and the weight given to her submissions.

• Example 3: Elevating a Barrister Leading a Royal Commission

  Suppose the Crown established a Royal Commission to investigate and propose reforms for a critical area of law, appointing a highly respected barrister, Mr. Julian Thorne, to chair it. To underscore the importance of his role and the Crown's confidence in his leadership, the monarch might issue a patent of precedence to Mr. Thorne. This grant would formally signify his elevated standing within the legal profession, ensuring that his contributions and arguments in any legal setting, especially those related to the commission's work, are given immediate priority and respect by judges and fellow legal professionals.