Originally appeared in The Times

February 2011

Duncan McNair acted for the Society for the Protection of Unborn Children, which successfully intervened in the case of the British Pregnancy Advisory Service against the Secretary of State for Health.

The High Court ruled that women who want an abortion in the early weeks of pregnancy must continue to take the pills at a clinic, unless the Health Secretary stipulates otherwise.

What were the main challenges in this case and possible implications?

Logistically, the timetable: from first learning of the claim with its voluminous documents, to applying to intervene, to trial within a compass of days.

Among the issues, the court rejected attempts to bypass the framework set by the Abortion Act 1967 prescribing the lawful location for abortions. The dangers of drug-induced abortions, particularly away from a clinical setting, are increasingly acknowledged. The judgment resists the creeping “normalisation” of abortion, which disguises the real trauma of the process.

What was your worst day as a lawyer?

“Glasgow Jock” was a regular patron of my articled firm’s criminal department. His ambition was to be reunited with his friends in prison by Christmas. Time pressed. Jock obliged by stealing sausages. As he was led to the cells I experienced a strange feeling of despair and achievement.

What was your most memorable experience as a lawyer?

Chiefly I conduct heavy commercial disputes. But A,B and C v Ireland, before the European Court of Human Rights, raised issues of profound importance. It was satisfying to hear the court rejecting a mass of applicants’ complaints about Irish abortion law as “manifestly ill-founded”.

Who has been the most influential person in your life?

My parents for their refulgent wisdom and support. Professionally, Anthony Pugh-Thomas, a former colleague at Lovells: never suppose lack of purpose for civility.

Why did you become a lawyer?

Being the youngest and smallest of a large, boisterous family inspired an interest in resolving disputes by means short of force. This surfaced in animated family discussions and unstructured attempts to sift and analyse issues. Discovering litigation was a homecoming.

What would your advice be to anyone wanting a career in law?

Be prepared for much grind and many surprises, but it’s a great career.

If you had not become a lawyer, what would you have chosen and why?

In another manifestation I write humour. The sequel is shortly due to my book The Morello Letters.

Where do you see yourself in ten years?

In my dreams, awash with royalties, popping corks on a far-flung beach. In fact, grappling with issues as above, which is where the real satisfaction lies.