The phrase ‘all rise’ is etched into Obiter's muscle memory: our legs twitch at the very word. So iconic is the command that early naughties boy band Blue (pictured above) named a love song, peppered with court and legal imagery (an interesting arena for romance), after it.

Now, things are changing. In the coming weeks, courtrooms and tribunals in England and Wales will be adding another two words to the command. ‘All rise’ will become ‘all rise, if able’. The change, HMCTS said, ‘ensures that everyone can access and take part in court proceedings, helping to create a more inclusive and accessible justice system for all’.

We're not sure if the words ‘all rise’ have ever actually prevented access to court proceedings - our crumbling courts estate is quite capable of keeping people with mobility problems out in the first place - but Obiter knows the power of words. Though ‘All rise, if able’ does not have the same ring to it as Blue’s ‘All rise, I rest my case’, if it makes court feel more inclusive then that can only be a good thing. After all, the courts are only following the practice at weddings and funerals, where the words 'if able' are now the norm. 

Speaking of rising, the Gazette's Lawyer in the News the other week recalled being rebuked by a judge who asked if she was aware that it was customary to stand when addressing the court. Rosie Walker, head of litigation and dispute resolution at Gilson Gray, said: ‘I was standing, I’m just quite small. I found myself apologising and then again for making the judge feel awkward. It’s actually a funny story now, but it made me realise how far the profession still has to go.’

Maybe the addition to ‘all rise’ will reduce the chances of someone putting their foot in their mouth.

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