Kirsty Brimelow KC says judge-instigated contempt proceedings could undermine barristers’ duty to represent clients fearlessly
The Bar Council has warned that judge-instigated contempt of court proceedings risk creating a “chilling effect” on the legal profession following a Court of Appeal ruling involving barrister Rajiv Menon KC.
In a statement published on 13 May 2026, the Bar Council said Menon had won an appeal on an “important point of lack of jurisdiction” after the Court of Appeal halted forthcoming contempt proceedings against him.
According to the Bar Council, the Court of Appeal ruled that there was no jurisdiction for the High Court to hear the case in its current form, although senior judges left open the possibility for the matter to resume under the correct procedural powers.
The proceedings related to an earlier referral for contempt of court made against Menon, a prominent barrister, during legal proceedings connected to Palestine Action activists. The case had attracted attention within the legal profession because of concerns over how contempt powers were being applied to advocates acting for clients in court.
Chair of the Bar Kirsty Brimelow KC said the organisation had followed the case “with concern”.
She said: “A barrister has a duty to represent their clients fearlessly and Judge instigated contempt proceedings risk a chilling effect on the profession.”
Brimelow welcomed the Court of Appeal judgment and said it was hoped the matter would now come to an end.
The Bar Council’s intervention highlights wider concerns within the profession over the balance between maintaining courtroom authority and protecting the independence of advocates representing clients in contentious cases.
Menon’s appeal centred on procedural jurisdiction rather than the substantive allegations themselves. The Court of Appeal decision means the existing proceedings cannot continue in their current form.