A BARRISTER who was reprimanded for calling a female lawyer a “hysterical woman” has appealed on grounds of free-speech.

Feliks Kwiatkowski challenged a decision by a Bar Disciplinary Tribunal, in December 2021, at an online High Court hearing on Tuesday.

The “charge” arose from a “discussion between two barristers”, in a public waiting area, at Worthing County Court in November 2019.

Mr Kwiatkowski had made the comment about the witness statement, drafted by a female legal executive, to a female barrister opposing him in a case.

The barrister had made a complaint, and “reported him”, and the Bar Standards Board had alleged that Mr Kwiatkowski had been “inappropriate and/or offensive”.

He said findings made against him violated his human right to free speech.

A barrister representing Mr Kwiatkowski told Mr Justice Choudhury that the adjective “hysterical” was not a term of abuse.

Marc Beaumont said “political correctness” should not be part of professional regulation.

Mr Justice Choudhury, who is based in London, heard that Mr Kwiatkowski had been “prosecuted” by the Bar Standards Board.

The tribunal had made a professional misconduct finding, reprimanded Mr Kwiatkowski, and imposed a £500 fine.

“This appeal might appear to concern a case of little moment,” Mr Beaumont said, in a written argument.

“A barrister was fined and reprimanded for offending and upsetting a female barrister.

“He may appear to be making a terrible fuss about the outcome. He is not.

“He brings before the court a significant issue of principle.”

Mr Beaumont added: “The appeal is filed at a time when the rule of law in a democratic European country is threatened by military aggression and oppression.

“Free speech values may well perish in Ukraine.

“Protest in Russia is being quelled by force.

“This is precisely the wrong time for the courts of this country to be complacent about freedom of expression.”

He went on: “… it does the Bar Standards Board no credit at all that it has sought to prosecute a barrister for saying ‘hysterical woman’.

“That complaint was on its face trivial and prosecuting the matter was risible.

“The adjective ‘hysterical’ is not a term of abuse; it could be and is used about males…”

Mr Beaumont told the judge: “Political correctness should not be part of professional regulation.”