CHERIE Booth was called to the English Bar in 1976. Almost 20 years later in 1995, she became a Queen’s Counsel (QC).

A QC is an advocate who has been recognised for excellence in advocacy. He or she is often seen as a leader in his or her area of law and generally takes on more complex cases that require a higher level of legal expertise.

Booth was a founding member of Matrix Chambers in London but no longer practises there. She is now founder and chair of law firm Omnia Strategy LLP.

Matrix is a barristers’ chambers that was formed in 2000 specialising in human rights law, but its members also practise in a range of areas of UK public and private law, the Law of the European Union and European Convention on Human Rights, and public international law.

Matrix once described Booth as a leading QC specialising in public law. She was also described in the international legal publication called Legal 500 as a leader, among others, in administrative and public law.

As a QC, Booth appeared regularly in the then House of Lords (now Supreme Court of UK) and Court of Appeal. She has also appeared in the European Court of Justice and in Commonwealth jurisdictions like Bermuda and the Cayman Islands. In addition, she has also been a recorder (part-time judge) in the County Court and Crown Court and has given numerous public lectures and has authored many articles and books.

She is otherwise better known also as the wife of Tony Blair, British prime minister from 1997 to 2007.

Little may be known in public that Cherie Booth QC once applied for an ad hoc admission to the Malaysian Bar pursuant to section 18(1) of the Legal Profession Act 1976 (LPA) for the purpose of appearing in two Federal Court appeals. Her application was opposed by the other parties to the litigation, the attorney-general and the Malaysian Bar, among others.

At first instance, the High Court dismissed her application. Exercising her right under section 19 LPA, she appealed directly to the Federal Court.

In a unanimous decision, the Federal Court dismissed her appeal, reasoning that the onus was on her to show that she had special qualifications or experience of a nature not available among advocates and solicitors in Malaysia.

Although she had satisfied its requirement – the Federal Court even acknowledging her as a “leading Queen’s Counsel distinguishing herself in public and administrative law” – the court was concerned that she was not present during the trial in the High Court and in the appeal before the Court of Appeal. Thus, the question – to what extent would she be effectively able to assist the Federal Court, notwithstanding that she was a distinguished QC?

Federal Court judge Nik Hashim, delivering the judgment of the court, said:

“Surely, a foreign counsel, like the appellant, lacking in local knowledge and not having handled the trial and the appeal, would necessarily be disadvantaged in handling the appeals in the Federal Court.” (See Cherie Booth QC v Attorney General, Malaysia & Ors [2006] 6 MLJ 501)

The above suggests that a foreign lawyer with special qualifications or experience of a nature not available among advocates and solicitors in Malaysia must be brought in early to handle the trial of a case.

It makes sense.

The special qualifications or experience should be to assist the court at the earliest stage of a case and not at the final appeal. – June 2, 2022.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.