The Middle Templar 2019

INTERNATIONAL  MASTER MICHAEL BOWSHER The International Sub-Committee what we do Master Bowsher was Called to the Bar in We are looking to see how we can support advocacy 1985 and took Silk in 2006. He is a tenant training initiatives where the associations would like to at Monckton Chambers where he has a have that support. We are also looking to see whether practice based around EU and other activities such as Wellbeing at the Bar initiatives commercial law. He is the Chair of the EU might be welcome elsewhere. We are also conscious that Law Committee of the General Council in some of these jurisdictions there is not the same of the Bar of England and Wales. He is a degree of support for employed barristers as is provided visiting lecturer at King’s College by BACFI and the Inn and we are giving thought to what London. He was made a Bencher in we might do there. One recurring theme when dealing 2014. with these Associations is that they are keen to welcome Members, and perhaps sometimes ‘volunteer’ them to Middle Templars live and work across the globe; and sing for their supper. So if any Member is travelling and many others around the world have connections with the would like to be put in touch with a local association, and Inn or are keen to work with the Inn to promote the even better might want to contribute to an educational values that Middle Temple continues to stand for. The event, do please get in touch with Colin Davidson or International Sub-Committee (ISC) was established to Oliver Muncey at the Inn. coordinate the Inn’s activities worldwide and to ensure that its efforts provide the maximum benefits for Our activities are not limited to places where we have members and the Inn. these associations. We have long links with North America and we are keen to find ways to enhance the relationships The ISC targets its support at three groups: we have between existing bodies such as the American Inns of Court, the Advocates Society in Canada and the • Middle Templars living and working abroad Lawyers’ Inn in Vancouver. This year will of course involve a focus on them during the trips in September to North • Middle Templars resident in England and Wales who Carolina, and then Ottawa and Toronto. are seeking to build links or a practice abroad We are also looking to develop our activities in Europe, • Lawyers around the world, particularly those with in an Africa and the Caribbean. There will be a European Amity interest in advocacy, who wish to engage with the Inn weekend in Hall on 20 and 21 March 2020 involving both in training and education activities or in the promotion educational and social activities. We are particularly of the Rule of Law, Human Rights and the like. interested in engaging our members and friends in English-speaking jurisdictions for that event which will We have already made great strides under our first chair, focus on the future role of the Bar in Europe. Master Paul Darling. There are now Middle Temple Associations in Malaysia, Singapore, Hong Kong, We are also at the early stages of planning a preliminary Mauritius and Gibraltar and reports from some of the visit to Africa. We have a large membership in a number associations appear in this issue of Middle Templar. Much of countries and it is important that we find ways to build of our effort is directed at supporting them. Part of the our relationships there. process of engagement involves formal and informal visits. All of the associations, except Mauritius, have been The ISC has also taken on some new tasks this year. visited by a senior team from the Inn in the last year and Master Padfield reports on her highly successful visit to • We are now the first stage of review for ‘international’ Mauritius (see page 54). We are hoping that we will be candidates for the bench selection process. returning to the Indian Ocean soon! • We have launched a new ‘International’ Essay Prize. Thank you particularly to Master Treasurer for his great The first winner of the prize, Rebecca de Hoest, wins contribution on our recent trip to the Gibraltar Society travel and accommodation to attend the September where he gave a most timely lecture on ‘Misconduct in Amity trip in Canada. Public Office’ to the unexpected backing of Verdi’s Dies Irae from the adjacent venue. He then spoke again at the We continue to be asked how non-members of the Inn dinner held by the Gibraltar Society to celebrate the visit. may associate themselves with the Inn even where there are no existing associations. It is possible to make We are building on these relationships in other ways. someone an Honorary Member to recognise a The Inn will soon have set up a coordinated social media distinguished contribution to the Inn. There are practical space on Facebook which links all of the associations so obstacles, however, to creating a more generally available that our activities are available to each other. membership of the Inn. We are looking further at what can be done. 2019 Middle Templar 49

AMITY VISIT TO HONG KONG MASTER CHRISTOPHER CLARKE The Old Silk Road… Master Clarke was Called to the Bar in in the region expired on the afternoon we arrived. A 1969 and took Silk in 1984. He read degree of devastation was visible – trees blown down; Classics and Law at Gonville & Caius shrubs pummelled; boats rammed towards the shore and College, Cambridge. A Harmsworth the like. And there were some moderately alarming Scholar. In 1975 he became an Attorney stories of people looking from the upper floors of tower of the Supreme Court of Turks and blocks and seeing sofas gliding through the air. But with Caicos Islands. He was formerly in typical Hong Kong efficiency the streets were swiftly practice at and became Head of Brick restored to order. Court Chambers. He was a Judge of the Courts of Appeal of Jersey and On Thursday 20 September some of us had a meeting Guernsey 1998. He was a Councillor of with the Deputy Commissioner of the Ministry of the International Bar Association 1988-1990; Chairman of the Foreign Affairs of the PRC in the Hong Kong Special Commercial Bar Association 1993-95; and a Member of the Bar Administrative Region. The watchfulness of Beijing Council 1993-99. He was Counsel to the Bloody Sunday Inquiry, over Hong Kong and its interest in different legal 1998-2004. He sat as a High Court Judge in the Commercial Court systems was apparent. 2005-13 and was appointed a Lord Justice of Appeal in 2013 and retired in 2017. He is member of the Court of Ecclesiastical Causes It was on the same day that the Amity Visit truly began. Reserved. Became a Bencher in 1991 and was Treasurer in 2016. We started with a joyful reception at the British Consulate, conveniently situated almost opposite the It was the old Silk Road but in the reverse direction. Conrad hotel, where most of us stayed. When we handed Master Darling and I, ably assisted, as always and back Hong Kong to China, we appear to have forgotten accompanied by Colin Davidson, without whose the need, now that there was no longer a Governor, for ministrations these things do not work, left London for somewhere for a consulate to be based (ditto a residence Kuala Lumpur on Wednesday 12 September 2018. for the Consul). Fortunately, a solution was found. and We were delighted to have dinner the day after we we enjoyed attending the consulate, and meeting arrived with Master Cecil Abraham, a doyen of the Hong Kong Middle Templars. Malaysian Bar, where we met amongst others a distinguished member of the Inn who has recently been On Friday we had the great privilege of a tour of the appointed to the Federal Court, Judge YA Datuk Nallini Court of Final Appeal, under the aegis of Master Geoffrey Pathmanathan, and we had a very interesting discussion Ma, the Chief Justice. The Court is a magnificent about matters of legal interest in Malaysia and about the building, designed by the architect Aston Webb who as Malaysian Bar. Foremost in the first category was the chance would have it was also involved with 1 Brick Court prosecution, which started earlier this year, of the former and other refurbishments around the Inn in his time. The Malaysian PM for corruption. In the latter category we members of the Court of Final Appeal sit en banc in front discussed the way in which the Malaysian Bar could be of a semi-circular chamber. We were shown round not assisted. In short there is a need for basic advocacy only the Chamber but all the ancillary rooms, including training for some members, to which I fervently hope that some of those of the Justices, which are suitably grand. the Inn may be able to contribute. On Saturday 15 September we had the pleasure of a dinner hosted by the Malaysian Middle Temple Association Committee at the Shangri La Hotel. On Sunday 16 September we flew to Singapore, where we were invited to dinner by Master Chao Hick Tin a member of the Court of Appeal of Singapore, and were joined that evening for dinner by Masters Maura McGowan and Catherine Newman from England and Masters Belinda Ang Saw Ean, Quentin Loh and Thio Shen Yi from Singapore. The following evening saw the Inauguration of the Middle Temple Singapore Society (MTSS). An excellent number of counsel appeared (on a Monday evening) and I had the great pleasure of signing, with Master Chao Hick Tin, its constitution. It is apparent that the link with the Middle Temple is much valued, as the creation of the MTSS itself signifies. On Tuesday 18 September we took off again for Hong Kong. By the mercy of Providence, the typhoon that had been blowing 50 2019 Middle Templar

in the Reverse Direction That was the precursor to the afternoon’s Advocacy extending to some 70 countries. The third was on Joint Demonstration which, thanks to the good offices of the Enterprise in HK and the UK, presided over by Master High Court Administration, took place in the largest High Joseph Fok, a member of the Hong Kong Court of Final Court that there was. The case was a murder case, Appeal. The discussion was very instructive. The bottom intended to raise the sort of issue thrown up in England line can, I think, be summarised by saying that Hong by the case of Jogee [2016] UKSC 8. This is the case in Kong does not think that the Privy Council miscarried in which the Supreme Court considered the law of joint Chan Wing-Siu and has already declined to follow Jogee: enterprise in crime and came to the conclusion that the see HKSAR v Chan Kam Shing [2016} HKCFA 87. For law had taken a wrong turning in the Privy Council case of those of you minded to take a minor part in gang warfare Chan Wing-Siu v The Queen [1985] AC 168, on appeal I would recommend the UK if you seek to avoid from the Court of Appeal of Hong Kong. The problem for conviction for murder. At the end of the session Master the moot was composed with his customary brilliance by Darling presented to Catrina Lam Honorary Membership Master Derek Wood. The moot which was attended by a of the Middle Temple as a token of our great appreciation goodly number of HK barristers, was very ably presented for all the work she has done on our behalf as the by the advocates; Derek Chan SC of Plowman Chambers long-serving Secretary of the Middle Temple Society in (HK) and Jennifer Moles, Chartlands Chambers Hong Kong. (representing MTYBA) and Maggie Wong SC also of Plowman Chambers (HK) and Emma Hughes as President That evening we embarked upon a junk trip to Lamma of MTSA, and was a valuable learning experience. The Island, helpfully suggested by Master John Scott. This moot tribunal was presided over by Master Ma with, as was a blissful interlude. It was also, as we recalled, what the wing members, Masters Rupert Jackson and Aarif would have been the birthday of our beloved Master Paul Barma. Master Darling took the role, for which he did not Jenkins, who should have been there in person, but now seem in any way unsuited, of the dodgy witness. was with us only in spirit, and to whose memory we raised our glasses. That evening we had dinner at the Hong Kong Club at which we had the greatest pleasure in Calling to the On Sunday we were all entertained at the HK Country Bench former Vice-President of the Court of Appeal of Club through the generosity of Master Winston Chu, Hong Kong, Michael Stuart-Moore, Ian Pennicott SC QC, who, among many other talents, is largely responsible for The Hon Mr Justice Derek Pang Wai-Cheong JA and the saving Hong Kong’s harbour from such an extensive Hon Mrs Justice Audrey Campbell-Moffat. Master David landfill as would, in the opinion of many, have ruined it. Bean acted as Reader. These visits cover many bases. They preserve the Saturday 22 September was back to work day. We had much-valued links with the Inn. They serve as an three truly excellent sessions. The subject of the first was affirmation of our shared recognition of the importance Competition Law in the 21st Century. The subject of the of the maintenance of the rule of law (ever at risk in second was Resolution of Disputes from the Belt & Road modern times). They provide valuable instruction at Initiative, a massive construction/tradeproject of the PRC different levels. And, last but not least, they entertain. 2019 Middle Templar 51

AMITY VISIT TO HONG KONG MOOT  JENNIFER MOLES & EMMA HUGHES The Middle Temple Amity Visit to Hong Kong Moot Jennifer Moles was Called to the Bar in Emma Hughes is currently studying the 2015. She specialises in all areas of BPTC with LLM at BPP Law School. A Family Law. She is a Diplock Scholar and mature student and single mother, she won the Middle Temple Anglo-American received a 1st class LLB from West Exchange Scholarship in 2016, enabling London University and was previously her to work alongside senior Counsel President and founder of the University in Des Moines, Iowa. She is a member Women’s Society and Treasurer of the of the Hall Committee, Midland Circuit Law Society. She was awarded the Jules Society and the Midland Circuit Thorn Scholarship and was the President Women’s Forum. She also works as of the MTSA in 2017-18. She currently a Volunteer Advocate for the Schools works at Miles & Partners Solicitors in the Consent Project and is a Board Member and Trustee of Family Law Department. Northamptonshire Domestic Abuse Service. In September 2018, I was afforded the honour of Middle Temple’s 2018 Amity visit to Hong Kong had been representing the Junior Bar in the Moot during the phenomenal. As the President of the Middle Temple Middle Temple Amity Visit to Hong Kong. The Moot Student Association (MTSA) I was permitted the honour problem pertained to Criminal Law and, in particular, to of attending the trip and participating in a Moot in the joint enterprise; as a Family Law practitioner, I was very Hong Kong High Court. Mooting reinforced my thirst for excited at the prospect of participating in this challenge analysing the facts of a case and finding a solution. in an area of law with which I was very unfamiliar, beyond the remit of what I had learned on the GDL/BPTC. The I was the Junior Respondent acting for the Prosecution in prospect of mooting in another jurisdiction, led by a Silk, a legal moot in the High Court, dealing with the complex was something I had only ever previously dreamed of; I matter of joint enterprise and contrasting cases of Jogee was therefore extremely excited and simultaneously and Chan. Teamed with Hong Kong Senior Counsel nervous with trepidation to participate in the Moot. Maggie Wong SC of Plowman Chambers, we opposed the Appellants made up of Derek Chan SC, also of During the Moot, I acted as the Junior Appellant, led by Plowman Chambers, and Junior Appellant Jennifer Moles Derek Chan SC of Plowman Chambers, Hong Kong. Our of Chartlands Chambers. The intricate masterful mooting opponents were Maggie Wong SC, also of Plowman problem was crafted by Master Derek Wood. The moot Chambers, and Emma Hughes, a student member of was brought to life by senior members of the Inn Middle Temple. In preparation for the Moot, both sides embodying the moot characters in the demonstrations submitted a very detailed skeleton argument in support of Examination in Chief and cross examination. of our respective positions; many hours went into preparing our skeleton argument to ensure our legal The issue questioned whether the Appellants should be arguments were as persuasive as possible. granted an appeal on the basis that the judge misdirected the jury. As the only student in a moot with The Moot problem itself centred on the cases of R v Senior Counsel and a junior barrister this was an Jogee and Chan Wing Siu. The Moot was prepared by incredible experience. The judicial interventions were Master Derek Wood and was judged by Masters Geoffrey extremely challenging as posed by Masters Geoffrey Ma (HK), Rupert Jackson (UK), and Aarif Barma (HK). The Ma (HK), Rupert Jackson (UK), and Aarif Barma (HK). Judicial intervention during the Moot was challenging This unique opportunity will stay with me for the rest and robust; however, Derek Chan SC and I were able to of my life. appeal the decision at first instance, thereby winning the Moot. The experience was not only a unique one, but Colin Davidson, Oliver Muncey and Master Christopher one which instilled in me further confidence when Clarke organised an impeccable itinerary. The Amity trip representing clients in the Family Court. In particular, the also featured numerous academic and social events, experience was fantastic preparation for my first case in including a reception at the British Consulate, a cruise on the High Court at the end of last year. an authentic Junk Boat, a black tie dinner at the Hong Kong club, and a lunch at the Hong Kong Country Club The trip also encompassed a reception at the British hosted by Master Winston Chu. Consulate, dinner at the Hong Kong Club, a lecture, a cruise on a traditional Junk Boat and Sunday lunch at the I also had the fantastic opportunity of marshalling in the Hong Kong Country Club, hosted by Master Winston Court of Appeal with Master Aarif Barma, as well as in the Chu. The entire trip was a brilliant hybrid of professional Court of First Instance of the High Court with The Hon and social events, and I greatly benefitted from being Mr. Justice Thomas Au Hing-Cheung, the Judge in able to network with other members of the Inn and charge of the Constitutional and Administrative Law List. members of the Judiciary. The overall experience was I observed a complex judicial review concerning public certainly one I will never forget. law, which had a profound effect on future liberties. 52 2019 Middle Templar

THE MIDDLE TEMPLE SOCIETY IN HONG KONG  CATRINA LAM The Middle Temple Society in Hong Kong Catrina Lam was Called to the Hong Kong Bar in 1999. She is a member of Des Voeux Chambers. Vice Chair of the Hong Kong Bar Association’s Special Committee on Competition Law, Vice Chair of the Hong Kong Chapter of the International League of Competition Law and a Non-Governmental Adviser to the International Competition Network. She is on the Panel of External Counsel to the Hong Kong Competition Commis- sion and the Hong Kong Monetary Authority. She was appointed a Deputy District Judge in September 2014 and a Temporary Deputy Registrar of the High Court in May 2018. She was a former Middle Temple Scholar and has been Secretary of the Middle Temple Society in Hong Kong since 2009. Appointed as an Honorary Member of the Middle Temple in 2018. The Middle Temple Society in Hong Kong (‘Hong Kong A letter from Master Michael Thomas to Middle Society’) has been active for over three decades since Templars in Hong Kong dated 7 January 1986 January 1986, when the idea of its formation was first canvassing the idea of the formation of the conceived by Masters Michael Thomas, Barry Mortimer, Hong Kong Society. Dennis Barker and David Hunter. Since then, it has gone from strength to strength, through the leadership of before a panel chaired by Master Geoffrey Ma, Master John Griffiths (1998 to 2012) and Master Kemal Chief Justice of Hong Kong. Bokhary (2012 to present), and is valued more than ever. A critical component of the Hong Kong Society’s mission The popularity of the Hong Kong Society is such that is to award annual scholarships to six outstanding young members of other Inns are welcomed as well as those barristers who are sent to London to receive advocacy who are locally qualified and not a member of an Inn. The training provided by the the Inn. On a reciprocal basis, latter now form the great majority of its 300 strong young Middle Templars in London are similarly awarded membership, made up of a blend of barristers, judges scholarships on an annual basis to come to Hong Kong and students. This inclusiveness has ensured that the from London, for a 4 week placement in which they rotate Hong Kong Society achieves that part of its objectives through a mini-pupillage at Des Voeux Chambers which is directed to fostering a collegiate spirit between followed by a placement at an international law firm, or as members of the Bar and the Judiciary in Hong Kong, as a Judge’s marshal. The endowment is awarded each year well as strengthening the links with the Middle Temple. to candidates who are selected on the basis of merit as well as their motivation to succeed at the Bar. The Middle Temple Amity Visit, held between 20-22 September 2018, was a particularly momentous occasion The Hong Kong Society additionally held its Annual in last year’s calendar, and a perfect example of this Drinks Party in September 2018. This was attended by camaraderie in action. Master Christopher Clarke led the various benchers and members of the judiciary including prominent delegation from the UK to Hong Kong for a Masters John Scott, Joseph Fok, Aarif Barma and 3-day visit, which included the appointment of 4 new Audrey Campbell-Moffat, members of the Hong Kong benchers at a ceremony held at the Hong Kong Club on Society, as well as law students from the University of 21 September 2018. The Hon Mr Justice Stuart-Moore , Hong Kong and the Chinese University of Hong Kong. former Vice President of the Court of Appeal, Ian An opportunity to rub shoulders with peers on a Pennicott QC, Senior Counsel, The Hon Mr Justice Pang purely social level, it was a high-spirited evening JA, Justice of Appeal of the Court of Appeal and The laced with merriment and shared anecdotes. Hon Mrs Justice Campbell-Moffat, Judge of the Court of First Instance, were the distinguished appointees. Importantly, the Amity Visit served to reinforce ties between Middle Templars in London and Hong Kong Society members. One treasured highlight was the rare opportunity offered to all junior members of the Hong Kong Bar to observe seasoned advocates from the UK and Hong Kong jousting in an advocacy demonstration and moot on criminal joint enterprise 2019 Middle Templar 53

MAURITIUS MIDDLE TEMPLE ASSOCIATION  MASTER NICOLA PADFIELD Report on a wonderful welcome from Mauritius Middle Temple Association Master Padfield was Called to the Bar in 1978. She read Law at St Anne’s College, Oxford, following which she spent a year at Darwin College, Cambridge studying for the Diploma in Criminology. She is a Professor of Criminal and Penal Justice at the University of Cambridge. She sat as a Recorder 2002-14. She is a supporter of the Cambridge Middle Temple Society and was involved with the BSB’s Review of the BVC in 2010. Appointed Silk (Hon Causa) in 2018. She was made a Bencher in 2009. I was delighted when Colin Davidson initiated on my It is already a challenge for the Inn to reach out to those behalf an introduction to Rashad Daureeawo SC – a very outside of London. So how does it reach out to the wider senior, well respected barrister and diplomat, who chairs global community? Through groups such as the MMTA. the Mauritius Middle Temple Association (MMTA) – he was The Inn has always been proud of its global membership kind enough to visit me in the midst of a workshop on and today celebrates 528 members in Mauritius sentencing, organised by the Institute of Judicial and Legal (253 Students and 271 Members; and three Benchers Studies, Mauritius, which I was helping to lead. He (Masters Victor Glover, Bernard Yeung Sik Yuen and coordinated an excellent dinner. Kheshoe Matadeen). The Managing Committee of the association is composed We discussed these matters at the table, remarking that of nine members who meet regularly to address issues there are several nations around the globe who boast touching the Bar and Legal profession, they also assist active and committed Associations. Of course, it is not the Junior Barristers of the Inn with the start of their career. Mother Ship that has the potential to deliver the necessary The main purpose of this association is to promote services to the global membership, in a post-colonial awareness amongst Middle Templars with a view of world, but the distributed membership themselves. encouraging fellowship and taking a stand whenever But there remains an ineradicable role for the ‘Centre’, necessary for the promotion of ethical standards within the not as ‘director’, but as ‘facilitator’. profession. Regular seminars and forums are held, the last conference on the subject of ‘The Role of the Judiciary in The Inn will truly be a global institution if lawyers in many the nation-building’ was organised by the Association in widely distributed jurisdictions (principally those within the the context of the 50th Anniversary of the Independence Commonwealth) come to see its influence behind many of Mauritius. joint enterprise initiatives, successfully to drive change. The aim of the MMTA is to reinforce their links with the The evening taught me a lot about the value of the Inn and to establish strong ties for bilateral exchange for Association. It was a group that radiated vibrancy and the advancement of barristers and the legal profession purpose, evidencing strong leadership, efficient and generally. It is all about networking. But Mauritius is a engaged committee members and maybe most small jurisdiction. We help them to promote the Inn, importantly a real mission to contribute to improving the the rule of law, and professional ethics in Mauritius. profession and their country. There was an evident strong and continuing respect for the Inn, and above all for the The Committee of the Mauritius wisdom and achievement of so many of its members, Middle Temple Association co-existent with a regret that they so rarely had the opportunity to network with the wider membership of the Mr Rashad Daureeawo – President community into whose membership they had once been so ceremoniously admitted, or to hear senior members Mr Milan Meetarbhan – Vice President speak on their areas of expertise. Ms Roopsoodha Busgeet – Secretary The Inn’s mission statement is: Mrs Rubna Daureeawo Daood – Treasurer Middle Temple supports the Bar by supporting its members throughout their professional careers. It does Mrs Manjula Boojharut this by promoting excellence in advocacy and the highest standards of professional ethics through the Mr Amat Daood education and training it provides, and the collegiate ethos it instils in its members. Ms Naila Goburdhun This is well and good for the London-based members, for Ms Neeloofur Daureeawoo whom the Inn represents so much of a real community that, for some, it functions almost as an extension of their wider family group or main ‘community’. 54 2019 Middle Templar

MIDDLE TEMPLE SOCIETIES ABROAD  Gibraltar Middle Temple Society Darren Martinez was Called to the Bar in In Gibraltar, the Middle Temple is well represented with the 2011. He practises in Gibraltar and has a majority of local lawyers all being members of the Inn. busy practice across various areas with a Gibraltar’s first Chief Minister, Sir Joshua Hassan was a particular focus on commercial, member of the Inn and many practitioners have followed in insolvency, construction and crypto- his footsteps. This includes the current Chief Minister, various currency/distributed technology ledger members of the judiciary and the Attorney General. The law. He appears regularly in the Supreme most senior member of the local Bar is Louis Triay QC (who Court of Gibraltar and has also appeared was Called in 1950). (as a junior) in the Court of Appeal for Gibraltar. He is the current secretary of In Gibraltar, the legal profession is fused and the majority of the Gibraltar Middle Temple Society. practitioners do non-contentious work often generated as a result of the jurisdiction’s status as a finance centre. The The Gibraltar Middle Temple Society (GMTS) was formed on challenge this has presented the GMTS is trying to ensure 2 June 2016. The GMTS’s President is the Chief Justice of the that local members feel like they remain connected to both Supreme Court of Gibraltar, Master Anthony Dudley. The the Inn and GMTS. Chairman of the GMTS is Gillian Guzman QC, Gibraltar’s youngest and and only female Silk to date. Darren Martinez Going forward, we look forward to developing stronger links is the secretary. with the Inn and ensuring the GMTS forms part of the wider Middle Temple Family. We look forward to attending the Since its inception, the GMTS has organised several European Amity event planned for next year and the successful dinners the most recent of which took place in possibility of hosting further events locally. May 2019 and included a lecture from the current Treasurer of the Inn, Master David Bean, entitled ‘Misconduct in If you would like to find out any further information about the Public Office’, coming, ironically, the day after (now) Prime GMTS, please do not hesitate to contact the secretary at Minister, Master Boris Johnson, was accused of this. [email protected] Singapore That foot hole came in the shape of Catherine Cheung and Robert Foote who, with the help of Master Catherine Robert Foote joined Walkers in 2013 Newman and the support of Middle Temple, initiated the having spent six years in the British Virgin creation of the Society. They were present at the official Islands practising as a barrister, and is a formation of the Singapore Middle Temple Society (SMTS) partner in the firm’s Global Insolvency & on 17 September 2018 in the presence of Master Christopher Dispute Resolution Group. He Clarke and Master Chao Hick Tin. specialises in contentious corporate, commercial and trusts disputes and The Committee comprises Master Chao Hick Tin (President), contentious and non-contentious Master Thio Shen Yi (Chairman), Master Chelva Rajah, insolvency and restructuring matters. Justice Hoo Sheau Peng, Tan Chuan Thye SC, Catherine Robert is the Secretary of the Singapore Cheung, (Treasurer), Robert Foote (Secretary), MeiYen Tan Middle Temple Society. and Timothy Cooke. Catherine Cheung joined UBS in 2012, To date the SMTS has been focusing on identifying members originally acting as Head of the Bank’s who are based in Singapore. Emails were sent to all members Trust business, Wealth Planning and of the Inn who reside in Singapore and as of the date of this Structuring advisory team, family offices, article, we have over seventy members. Unfortunately, many philanthropy advisory, insurance referral members have not updated their communication preferences and distribution activities. In July 2018 with the Inn, which makes it impossible to contact them she became the Senior Regional Director directly. Following recent amendments to the data protection for Financial Crime Prevention. Catherine laws in the UK, it is now no longer possible for Middle Temple is Treasurer of the Singapore Middle to contact members directly without their consent. Temple Society. The present intention is to have at least two SMTS member Lee Kuan Yew was the founding father of Singapore who events and a further four open events each year. Given that governed the city-state for three decades and who is reputed many of our members no longer practice law, we have to have transitioned Singapore from a 3rd world country to decided to make our member events more general in nature a 1st world country in a single generation. He was also a as opposed to focusing on legal or law-related issues. So far Middle Templar, Called in 1950. It was therefore perhaps only we have had two SMTS members events: the first was a a matter of time before the Middle Temple Society (MTS) celebration of the Chinese New Year of the Pig at Stephenson found a foot hole in the Lion City. Harwood’s offices in February 2019 and the second was a gin tasting evening at TSMP’s offices in June 2019. Both events were a total success and enjoyed by all. We are in the process of planning further events. If you are a member of Middle Temple and would like to become a member of the SMTS please contact: robert. [email protected] or [email protected] Please also remember to contact Middle Temple to ensure you have completed your communication preferences. 2019 Middle Templar 55

MIDDLE TEMPLE CIRCUIT SOCIETIES Northern North Eastern Circuit Society Circuit Society Master David Stockdale Master Richard Wright Chairman of the Northern Circuit Society Chairman of the North Eastern Circuit Society Master David Stockdale was educated at Master Richard Wright was Called in Pembroke College, Oxford, he was 1988 and has practised from 6 Park called in 1975 and practised for 35 years Square in Leeds where he is now head of on the Northern Circuit. In 2010 he the recently merged Park Square became a Circuit Judge and was Barristers. Appointed a Deputy District appointed to his present position in Judge (Magistrates Courts) in 2006, a 2013. He is authorised to sit as a Deputy Recorder in 2012, Silk in 2013 and High Court Judge and as a Judge of the authorised to try Class 2 cases in 2015. CACD. was made a Bencher in 2003 Practises in Crime and Regulatory Crime with an even mix of prosecution and The early death of George Osborne’s Northern defence work. Former Junior of, and Powerhouse seems to have been exaggerated. Deloitte now a member of the Circuit Executive of the North Eastern Circuit. has just announced that in the last 12 months there has He was made a Bencher in 2017 been more building development going on in Manchester than in Chicago or Los Angeles. They might The North Eastern Circuit came into being in 1876. Until have added that it is boom time in the corridors of the then, and for centuries, the Northern Circuit had covered Middle Temple Northern Circuit Society. the entire North of the Country. The separation of the Circuit was a contentious business. In particular who On 24 November 2018 there was a magnificent dinner at would keep the name and who would keep the mess the Lowry Hotel in Salford. One or two of those present silver? It was decided that the winner of a coin toss would recalled Sir Rocco Forte’s speech at the Grand Opening retain the name, and the loser would be compensated of his flagship 5-star Lowry Hotel in 2001. Reaching his with the silver. So it was that those to the West of the peroration, Sir Rocco allowed his hand to sweep towards Pennines won the toss and retained the name and the the adjacent River Irwell just as a large sofa, whose North Eastern Circuit was born. Two years ago the Middle upholstery had seen better days, rose from the depths Temple North Eastern Circuit Society was founded with and floated past the rostrum on which he stood. There Lord Dyson (a son of Leeds) as its President. It has been were no such mishaps as a record 180 Middle Templars my pleasure to Chair the Society as we try to re-establish from the Northern and North Eastern Circuits and their connections between the Circuit and the Inn and remind guests – and a large cohort of students – sat down to ourselves (and those in London) that there is life north of dinner. The event was ignited from the start by our Watford. President, Master Christopher Rose. This was a tremendous occasion and we eagerly look forward to the A highlight each year has been a dinner of the Old return match in York. Northern Circuit, when members of the Inn from both the Northern and North Eastern Circuit gather together for There have been other, more intimate gatherings dinner, alternating each year between the Circuits, and including a Reception at the Athenaeum in Liverpool in reminding all of us what we have in common and the vital March to mark the retirement of a devoted Middle role of the Inn in that common heritage. This year we Templar, Master Clement Goldstone. Clem’s record of were also delighted to be able to hold a drinks reception service as Recorder of Liverpool is matched only by that at the High Court Judge’s lodgings, Carr Manor in Leeds. of his service as Bencher. We shall celebrate his return as A wonderful evening in the rare Yorkshire sunshine was Autumn Reader in 2020. enjoyed by a good crowd of Middle Templars. A notable feature of all these events is the number of It is only right that I conclude this short introduction to students attending and the presence, too, of Circuit the life of the Inn on Circuit by reflecting upon the sad practitioners who do not regularly attend Circuit events. loss of Master Jackie Davies earlier this year. No one did The clear message is that the Inn exerts its own attraction, more to encourage the engagement of the Inn on Circuit. its own pull. Long may it continue? The success of the newly formed Society is in no small part thanks to her drive and determination and all of us will miss her. Other Circuit Societies The Inn has been busy re-establishing its connections and Birmingham. On 10 October there will be another dinner has set up a Midland Circuit Society chaired by Master at Opus restaurant and all members of the Inn on the Michael Stephens and a Wales Circuit Society chaired by Midland Circuit are encouraged to attend. The most Master James Tillyard. Events on Circuit have been recent Society to be established is the Wales Circuit supported by the whole range of our members from Society. On 5 March this year a reception was held at the Benchers to students just starting the BPTC. The Midland Park Plaza Hotel in Cardiff with a promising turnout. A Circuit Society was established in October 2018 and dinner is to be held in the Spring of 2020. Finally we hope organised a dinner at Opus restaurant in Birmingham with to establish a Western Circuit Society in the coming an excellent turnout of over 60. This was followed by a months. Please keep an eye on the Inn’s website and well-attended reception in May at St Philips Chambers in newsletters for details of the events on your Circuit. 56 2019 Middle Templar

CAMELLIA FLOWERING COMPETITION KATE JENRICK Camellia Competition After gaining a Diploma in When they arrived on these shores in the mid-18th Horticulture with Honours from the Century from China and Japan, Camellias were treated as Royal Botanic Gardens Kew, Kate exotics and raised in hothouses and glasshouses such as worked in the 18th Century Landscape at Chiswick House (and camellias are still doing well in Garden at Painshill Park, Cobham and the glasshouse at Chiswick House). However, most community social enterprise in east species grown in the UK today thrive in the open, often London. She came to Middle Temple woodland, or shady areas on slightly acid soil. Of course, in December 2008 where the mix of some species of Camellia thrive in full sun – notably history and a busy, demanding use of Camellia sinensis, which the British introduced to India the garden provides all the challenges from China in the 19th Century to supply the growing a Head Gardener requires. demand for tea at home. Chiswick House houses an important and historically Returning to the camellia competition in 2019. The significant collection of camellias in its large and energetic and hugely knowledgeable Estates and Garden beautifully restored glasshouse. In March this year, Manager at Chiswick House, Geraldine King, arranged supported by the International Camellia society, it the event. I first met Geraldine at an Awards ceremony invited entries for a Camellia flowering competition. when we were at the same table as City of London garden winners. We talked about the difficulties of Asked to write about this I wondered how I could write sourcing plants locally, free of pesticides and other issues 500 words about an event to which my only contribution that are now being talked about but 9 years ago were not and presence was six cut flowers. I soon found myself high on the agenda. At the time, she was in charge of the distracted by 18th Century garden history, a time of West Ham Park (managed by the City of London) with intrepid plant hunters and serious plant collectors ample facilities to grow seasonal plants in a sustainable as well as advice (often quite spurious) for successful way but restricted by covenants governing the use of land camellia growing. and glasshouses at West Ham Park. Geraldine finds ways round things and within a year of our meeting Middle First, some gardening tips for show-stopping blooms. Temple and Buckingham Palace were her first customers Camellias, when happy with their situation need very of seasonal bedding. little attention. Leggy plants can be pruned hard and will readily put on new growth. I would recommend light Encouraged to enter the competition and heeding pruning after flowering if the plant has become shy Geraldine’s tip that white flowers ‘bruise’ or turn brown of flowering and perhaps every two or three years a easily I set about selecting entries for the different light prune will be beneficial. I usually give the plants categories. By flower type: single, double, peony and a slow release ericaceous feed over the summer but it anemone. One flower in each category or three of the is a low dose. More important than anything else is to same colour and variety. I spent a long time that morning ensure they are regularly watered in the months they are amongst the camellias in Fountain Court and the end of forming flower buds – this is mid-summer to autumn. This the garden. They looked lovely flowering away. However, is easy to overlook, as the shrub at this time is simply an selecting three unblemished perfect examples was evergreen bush while other plants take centre stage. surprisingly difficult. The most elegant bloom was a white one and sure enough, did not survive the journey across London. Judging took place the next day and unfortunately, I was unable to attend. However, it’s all about the flowers and they won a Highly Commended and two First Places (including in the three of a kind category which I felt justified a morning spent looking for perfection). Garden Opening Times During the refurbishment of Garden Court the Garden is open as usual from 12:00 to 15:00 in May, June, July and September, however access is via the gate on Middle Temple Lane. 2019 Middle Templar 57

MTSA  EMMA HUGHES & MAHAM QURESHI MTSA Black History Month Event Emma Hughes is studying the BPTC Maham Qureshi was Called to the Bar with LLM at BPP Law School. She is a in 2018. She served as the Vice- mature student and single mother, President of the MTSA in 2017-18 and received a First Class LLB from and is currently serving as the Social West London University. She was Secretary for MTYBA. She graduated President and founder of the with First Class Honours in LLB from University Women’s Society and the University of West London. She is Treasurer of the Law Society. She was a Terence Fitzgerald Scholar and she awarded the Jules Thorn Scholarship received a Hardship Scholarship for and was the President of the MTSA in the BPTC from BPP Law School. She 2017-18. She is currently working at currently works as a County Court Miles & Partners Solicitors in the Advocate for LPC Law. Family Law Department. Black History month is celebrated in the month of Queenie Djan – Artist October every year. Carter G Woodson formed the initiative of Black History Month in the United States in 1926. The purpose was to educate people about black history, commemorate those who sacrificed and achieved, and celebrate traditions. Black History Month has been celebrated in the UK since October 1987. This year featured Middle Temple’s first ever Black History Month Qualifying Session. Equality and diversity is at the heart of Middle Temple and the Inn strives for inclusion. In order to celebrate legal professionals from not only the Black community but also the BAME community, it was decided that we would introduce an event to highlight Black History Month. This was a monumental moment for the Inn to reflect on the incredible progression to the law. The Law has such incredible power, not only to enslave and oppress, but also to liberate. The Slavery Abolition Act 1833 abolished slavery throughout the British Empire. The Prohibition of Mixed Marriages Act 1949 in South Africa was repealed in 1985, making inter-racial marriages legal. 58 2019 Middle Templar

We now see equality embraced in our justice system in Dr Tunde Okewale MBE, Master Treasurer & the form of the Human Rights Act 1998 and the Equality Emma Hughes Act 2010, protecting people from discrimination. The Benjamin Joseph & Mass Ndow-Njie event celebrated the contribution of various members of the BAME community within the legal profession and described how they overcame their own obstacles to make the legal profession more inclusive for the future generations. They spoke out about the need for diversity at the Bar, shared their own journeys and gave top tips of how to be successful within the legal sector. Our keynote speakers were Helen Valley, Richard Honey, Monifa Walters-Thompson, Dr Tunde Okewale MBE, Stephen Lue, Alexandra Wilson, and Danielle Cohen as well as featuring the renowned barrister Leslie Thomas QC, who represents 21 survivors and relatives of those who died at Grenfell Tower in the Grenfell Inquiry. Black History is enriched not just by legal achievements, and the evening celebrated the contribution of innovative art within black culture. The artist Queenie Djan spoke about her paintings and voiced her frustrations at the lack of female black role models in mainstream cartoons and children’s movies whilst growing up. The singer Naomi Hinds sang an enchanting original song about self worth and not being afraid to speak up. The upcoming artist Jaelis, a singer, songwriter and wordsmith, sang songs that are iconic in Black History, such as Redemption Song. We must thank the Inn for permitting and supporting the cause and allocating MTSA the funds to hire Afro-Caribbean businesses in the true spirit of Black history month. We had authentic Afro-Caribbean food, including jollof rice, fried fish, puff puff, patties and plantain. The Inn is now making the Black History Month Qualifying Session an annual event. The footage of the event was live-streamed and features on the Middle Temple website. As a committee, we believe strongly that you can tell a great deal about people or a profession by what they deem important enough to remember and to create moments for. The Black History Month event was our way of showing to members of the legal profession the significance and appreciation of those who fought for racial inclusion, diversity and equality for all. 2019 Middle Templar 59

SURVIVE AND THRIVE KAREN REID Survive and Thrive Karen Reid was Called to the Bar in Adam also spoke to the wider theme of the programme 2010 and currently practises public law – survive and thrive – with a very candid reading of his at The 36 Group. Her practice focuses final diary entry and the reason he left the medical predominantly on immigration and profession, which highlighted the importance of personal social housing. As well as sitting on wellbeing. The topic prompted a lively question and the Survive & Thrive Steering Group, answer session at the end of the evening with many she is the Joint Vice-Chair of Hall different views and perspectives on compromise being Committee. presented from both the audience and our panel, expertly refereed by Master Whipple, who earlier in the Traditionally Continuing Professional Development for evening had identified that it is the absence of such a Barristers has focused on substantive law, advocacy, and, referee in settlement conferences which leads many occasionally, ethics. Other areas of professional and lawyers to feel nervous around compromise. personal development were largely overlooked. The Survive & Thrive programme, initiated by the Inn’s  David began his presentation Membership Committee, looks to fill this gap. Large law by speaking rather aimlessly firms and other businesses put significant effort into about his connection to the Inn, providing programmes designed to develop their we were relieved when he employees’ skills in areas such as personal marketing, expertly turned this into an networking, using social media, managing individual illustration of his first point – finances and taking care of their own wellbeing. an audience needs time to adjust The Survive & Thrive Steering Committee do not to your voice before they start think these skills are any less relevant to barristers, or listening so don’t say anything indeed their clerks. important in the first minute. 2019 marks the fourth year of Survive & Thrive and has On 11 May, India Ford, a renowned body language featured a busy programme of events and other new specialist, returned to the Inn to deliver a Saturday initiatives. This year’s events have attracted increasing Morning workshop on ‘The Art of Influencing’ which was audience numbers. targeted at more junior members of the Bar, and took place on a Saturday so as not to prevent those who The first event of the year ‘Co-operation and struggle to attend events on work days from benefitting. Compromise – Strategies for Success’ was held in Hall India has previously spoken as part of the Survive & on 21 March. Our moderator, Master Philippa Whipple, Thrive series in October last year when she spoke about introduced the evening by outlining her own varied how to create the ‘golden halo effect’. Her session this experience of co-operation and compromise in both her year built on that theme from a more practical professional life, as a practising solicitor and later perspective, acknowledging that we all subconsciously barrister and in her personal life as a mother of three, form impressions of those we meet based on first before introducing the two speakers for the evening – appearances and exploring how we as individuals can Tom Tugendhat MP and doctor turned comedy writer influence and these impressions. The morning was well Adam Kay. Tom shared his experience of compromise not received by those who attended and worthwhile giving just in his current role as a member of Parliament but also up a precious Saturday lie in for. from the very different perspective during his time as a soldier in which he described his role as bringing order We also had a return visit from linguist David Crystal, from chaos – more often than not by using compromise. who previously spoke as part of our 2016 programme. Tom was able to draw on examples from both fields and David gave a talk entitled ‘The Gift of the Gab: How draw out lessons that have wider application for Eloquence Works’, a talk based on his most recent compromise more generally such as knowing how to use book, on 19 June. the strength of other parties to your advantage. Adam spoke of compromise during his time in the medical profession, interjected with amusing extracts from his book This is Going to Hurt, which had the audience in fits of laughter, as well as passing on useful advice, in particular in relation to chain of command and how to co-operate in situations where you disagree with those who are taking the lead – a topic Tom was also able to speak to. 60 2019 Middle Templar

Survive and Thrive… 13 November 2019 4th‘Judge: Friend or Foe’ #SurviveThriveMT There was a level of concern in Hall when David began Survive & Thrive events are open to barristers from all his presentation by speaking rather aimlessly about his Inns, clerks, solicitors and other professionals who are connection to the Inn, we were relieved when he expertly interested in the topics we cover. The events are free for turned this into an illustration of his first point – an members to attend and non-members are asked to pay a audience needs time to adjust to your voice before they modest £15 charge. All events begin and end with a start listening so don’t say anything important in the first drinks reception where attendees have the opportunity to minute. David had lots of advice for the audience on network and continue the discussion more informally. holding the attention of your listener and making sure people remember what you say, drawing on examples The larger Survive & Thrive events are livestreamed on from politics and the media, which will be of use to those the Inn’s website for those members who are unable to who attended both in and out of court. It was particularly attend in person; the videos are also available to interesting that the ‘magic number three’ drilled into us download after the event, so it is not too late for those through advocacy training also has wider public speaking who haven’t attended so far to catch up on the events we application. The evening was moderated by Master Clive offered in previous years. For those who are short of time, Anderson, one of the Inn’s honorary benchers, who or want to hear more around the featured topics, we have served as an excellent example of eloquence in action. recently launched the Survive & Thrive Podcast, which features a more condensed discussion on the same This year’s Survive & Thrive Programme will conclude on topics as are featured at our live events with some of the 13th November with ‘Judge: Friend or Foe’, an evening speakers from those events. The first of these, which aimed at better equipping practitioners to deal with features a conversation between Master Whipple and actual or perceived judicial bullying and otherwise Tom Tugendhat MP on how to compromise effectively, is manage difficult judges. Two experienced judges – available to download from the Middle Temple website. Master Andrew Edis and Master Jonathan Baker – will Alternatively, you can follow the discussion during the speak alongside Master Jo Delahunty, will draw from their events on Twitter using #SurviveThriveMT. own experience in practice and on the bench to examine how to achieve the optimal working relationship between The Survive & Thrive steering committee would judge and advocate. Mary Aspinall-Miles will moderate welcome ideas for our 2020 programme and anyone the evening. This event will also be the first of the Survive who is interested in getting involved in running the & Thrive Programme to be repeated on circuit so more programme is encouraged to get in touch at members will be able to access it, we hope this is [email protected] something that we can build on in future years. 2019 Middle Templar 61

LGBTQ AT THE BAR  SIMON ROWBOTHAM Taking Pride Celebrating the Progress and Achievements of LGBTQ Barristers Simon Rowbotham was Called the Bar Mason and Vaughan observed that they: in 2011 and is a member of chambers at 7 Bedford Row. He practises in …were struck, in the interviews, by the level of criticism Family matters and the Court of levelled at the Inns (for not doing enough to signal their Protection with a particular focus on support for LGBT+ members of the Bar) compared with private client work involving children our interviewees’ views on the Bar regulator (the Bar and financial remedy disputes. Standards Board) and the overarching Bar professional Recently, Simon appeared before the association (the Bar Council). This criticism was President of the Family Division in Re particularly notable at both the most senior (QCs) and X (A Child) (No 2) [2017] EWHC 1585 most junior levels (pupils). (Fam) and Re X (A Child) (No 3) [2017] A particularly depressing note can be found in the EWHC 2036 (Fam), in which he acted for X’s Children’s Guardian. recollections of a BPTC student, who informed the authors of an occasion when a Bencher of one of the Inns was ‘This Inn prides itself on being a gay friendly Inn.’ heard to say at a qualifying session ‘I don’t trust fags like you’. Depressing reading, indeed. While the Inn in Hot on the heels of the 2017 anniversaries of the question was not identified, it, regrettably, cannot be ruled Wolfenden Report (1957) and the Sexual Offences Act out that it was our own. 1967 – with its important (if only partial) decriminalisation of homosexuality – 2019 now marks the 50th anniversary of As members of Middle Temple, therefore, who care about the historic events at the Stonewall Inn in Greenwich the Inn and the wellbeing of its members, staff and Village, New York City. Perhaps it was in part the fact of students, we all owe much to the initiative of MTYBA and these half-century milestones that made the event hosted MTSA, headed by Michael Harwood and Ben Joseph in Hall on 17 June 2019, ‘Taking Pride: Celebrating the respectively, for organising this much needed and Progress and Achievements of LGBTQ Barristers’, so successful event. While it is hard to say with certainty significant. The event, organised by the Middle Temple whether or not this was indeed the first time a rainbow flag Young Bar Association (MTYBA) and the Middle Temple has flown beneath Middle Temple’s double hammerbeam Students Association (MTSA), saw four different speakers rafters, it is probably safe to say that – from its rainbow give their personal accounts of being LGBTQ+ at the Bar. podium to the bunting – this was the most overt celebration of LGBTQ+ life at the Bar held in Hall to date. The context for Middle Temple in which the event was held cannot be underestimated, occurring as it did in the wake The evening was incredibly well attended by students of the report of Marc Mason and Dr Stephen Vaughan, and barristers alike, and commenced with a well-judged Sexuality at the Bar: An Empirical Exploration into the opening by Ben Joseph who outlined the context in Experiences of LGBT+ Barristers in England & Wales which the event had been organised. He was followed by (UCL Centre for Ethics and Law, September 2017). In a the first speaker of the night, Master Andrew Hochhauser, report that found that just over half of those members of who is due to be our second openly gay Treasurer the Bar consulted reported having experienced following in the footsteps of the late Master Paul Jenkins. discrimination in some form linked to their sexuality and that one third had suffered bullying or harassment, the Inns of Court came in for particular criticism. 62 2019 Middle Templar

Master Hochhauser spoke of stories from the 1980s, at Despite drawing attention to the challenges that remain which time the policy of the Lord Chancellor’s department ahead – with a specific gauntlet thrown down for the Inn was said to be one that avoided appointing homosexuals to become a Stonewall Diversity Champion – his was also to Silk or the judiciary due to their perceived vulnerability a story told to inspire the students in the room. Never to blackmail; by the time Master Hochhauser himself before (one assumes) has the New York Ballroom scene came to apply for the first time in 1995, he was advised of been conjured up in our Elizabethan Hall. The category? the need to be ‘discrete’. His message for the evening, ‘Bar realness’, of course. however, having celebrated his marriage to his partner of 35 years just one week earlier, was overwhelmingly The final speaker, possibly the most recent openly gay positive: ‘there has never been a better time to be an member of the Inn to be Benched, was Master Sam King. openly gay member of the Bar. This Inn prides itself on Coming to the family Bar at a time when the Courts being a gay friendly Inn’. remained openly hostile to the notion of homosexual parents – ‘it remains’, observed one judge in a law Next was Caroline Harrison QC, whose message as a report from 1977, ‘unnatural and society continues to transgender woman at the Bar was both insightful and disapprove’ – Master King recalled members of a uplifting. She spoke of the unique challenges that face Chambers in the 1980s refusing to use teacups that our trans colleagues, especially during the period of had been used by a member who was dying of Aids. transition from being known as one gender to another, Nevertheless, the account she gave of her career to when one’s voice and appearance begins to change. date was, as ever, upbeat. In Caroline’s case, her experience of the Bar was an encouragingly positive one: she was grateful for the ‘We have come a long way’, she said, ‘I can’t pretend that support of her colleagues and clerks in Chambers and everything is rosy. Work is not finished and we must for the speed with which they got on board with her support each other and embrace our allies.’ change of name. The four speakers represented a real cross-section of She was clear, however, that none of this could be taken legal practice, from employment and clinical negligence for granted; there is a need for communication and to family law. Four speakers, four very different stories but management during transition and a need for all of us to one resounding message: there has never been a better provide support and understanding. time to be a LGBTQ+ barrister and a member of Middle Temple. As Caroline Harrison QC put it: ‘my message to The youngest speaker of the evening, Stephen Lue anyone who is [LGBTQ+] and wants to come in and come (secretary of the Bar Lesbian and Gay Group (BLAGG)) swimming is J[ust] F[***ing] D[o] I[t]….yes, the water is drew specific attention to the Mason/Vaughan report as lovely and it is safe to do it’. This author watched the well as to the historic context of the evening: ‘to ignore it’, event with, perhaps, a degree of envy; I cannot recall in he said, ‘is to ignore how we reached the here and now’. my nine months of the BPTC encountering such a clear He spoke of anecdotal reports of pupils not wishing to (if any) message of endorsement that being gay and be ‘out’ during pupillage and of how mental health being a barrister is in no way incompatible. It is hoped challenges can impact our LGBTQ+ colleagues that this event will not be unique and will be followed by disproportionately. Importantly, Stephen explained his more of the same, as new years and generations of experience as what he described as ‘the double jeopardy students step into Hall to be called to the Bar. With the of being LGBT and black’. imminent establishment of a new Middle Temple LGBTQ Forum, this will surely be the case. For the Inn, Taking Pride represented an important response to the challenges arising from the Mason/ Vaughan report. Ours is an Inn to be proud of, where homophobia, transphobia and any other form of discrimination is not and will never be tolerated. To Middle Templars, another challenge was set out: that same challenge raised as long ago as 1977 by the America politician and gay rights activist, Harvey Milk. In an audio recording made to be played in the event of his assassination, he appealed to us: I would like to see … every gay lawyer … come out, stand up and let that world know. That would do more to end prejudice overnight than anybody would imagine. I urge them to do that, urge them to come out. Only that way will we start to achieve our rights. 2019 Middle Templar 63

GARDEN PARTY: 2 JULY 2019  Middle Temple Garden Party 64 2019 Middle Templar

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ROYAL AMITY DINNER  MASTER ELAINE BANTON Royal Amity Dinner 17 July 2019 been converted from a long gown, met and was greeted by senior and junior members of both Inns. When Master Banton was Called to the Bar presented, I spoke briefly to HRH Princess Royal who in 1996. Specialises in employment, asked about my practice in employment law. The weather equalities and discrimination law. was fine and the gardens were a perfect setting to the Co-author of the chapter on Human black tie elegance of the evening. Rights and Employment Law for Tolley’s Employment Law. Named a Dinner took place in Middle Temple Hall where erudite ‘Pro Bono Hero for 2009’ by the speeches were given by both Middle and Inner Attorney General’s Office. A member Treasurers, who spoke of recent, effective steps taken of the Bar Council Equality Diversity to improve gender equality in Bencher appointments. and Social Mobility Committee and of As a recently appointed Bencher of the Inn myself, I can the Temple Women’s Forum. She was attest to that! HRH The Princess Royal, herself Treasurer made a Bencher in June 2019. of Inner Temple in 2011, gave a speech, wittily recounting the unique history of the occasion and of the importance On Wednesday 17 July, the Joint Amity event between of the continuing amity between both Inns. As ever the Inner and Middle Temple was held at Temple Church food and wine was fitting for this most special occasion and Middle Temple Hall to commemorate the 70th and I had the pleasure of being Master Junior to an Anniversary of the Amity Dinner for HM King George VI animated and joyful Hall. After dinner attendees chatted and HM Queen Elizabeth. On 20 July 1949 the Amity about the memorable event and the bonds between dinner occurred when Their Majesties the King and both Inns were deepened. Queen were Treasurers of Inner and Middle respectively. Sir Henry MacGeagh KC, Deputy Treasurer of Middle Temple, remarked, ‘Such an event has never before occurred and may possibly never be repeated…’ Repeated it was some 70 years later, and on this occasion the evening began with Choral Evensong at Temple Church in the presence of HRH The Princess Royal. In a packed Temple Church, both Master Treasurers of Middle and Inner, Benchers and members of the Inn assembled to celebrate with a service which included beautiful music from the Choir and organist, ending with a rousing version of the National Anthem. Next stop was the Inner Temple Garden for a champagne reception where HRH The Princess Royal, smiling and radiant in a light turquoise silk two piece that she shared had The Joint Bench Dinner of the Inner Temple and Middle Temple in 1949 The Joint Dinner of the Inner Temple and Middle Temple in 2019 66 2019 Middle Templar

Mark Fenlon Master Treasurer David Bean and HRH The Princess Royal Master Maura McGowan and HRH The Princess Royal Masters Dawn Oliver, John Dyson, Chantal-Aimée Doerries, Marilynne Morgan and HRH The Princess Royal HRH The Princess Royal, Masters Christopher Clarke, HRH The Princess Royal, Master Christopher Clarke, Derek Wood and Igor Judge Master Pat Edwards, Master Robert Seabrook, Michael Harwood and Master Elaine Banton Master Treasurer David Bean, Professor Susan Castillo- James Rogerson, Carly Lench, Tara Ryan, Lia Jhala, Street, The Rt Hon. Lord Hughes of Ombersley and Lauren McHardy and Oliver Muncey Lady Hughes 2019 Middle Templar 67

TEMPLE WOMEN’S FORUM  Temple Women’s Forum The Temple Women’s Forum was founded in 2011 to encourage and support women throughout their careers, to help increase retention within the profession. The Forum provides a meeting place to focus together on some of the key issues identified as contributing to the decision of many women to leave the profession in the prime of their careers. This year the Forum held two events. On 28 February, Inner Temple hosted a panel event called ‘How Far Have We Come?’, reflecting on the progression since women gained the vote. Then in July Inner Temple Garden hosted the annual Cross-Profession Garden Party with Master Sapnara delivering a delightful welcoming speech. 68 2019 Middle Templar

A CHRISTMAS CAROL – ANTIC DISPOSITION  BEN HORSLEN A Christmas Carol Antic Disposition Antic Disposition’s acclaimed stage adaptation of the Charles Dickens festive classic A Christmas Carol returns to Middle Temple Hall for a fifth season this December. Director Ben Horslen explores the origins of the production. Ben Horslen founded theatre company Antic Disposition with John Risebero in 2005. He has co-directed more than a dozen productions for the company, including their acclaimed musical version of A Christmas Carol. ‘A national benefit, and to every man or woman who As well as the geographical, a musical element also reads it a personal kindness’ was William Makepeace comes into play. The tradition of Christmas carols far Thackeray’s early verdict on ‘A Christmas Carol’, and the predates the Victorians, of course, but it was the gratifying popularity of our production (returning to nineteenth-century publication of affordable books of Middle Temple Hall ‘by popular demand’ this Christmas Christmas music that really cemented caroling as part of after four sell-out runs in 2012, 2014, 2015 and 2017) does the British Christmas. When William Sandys published suggest the story’s appeal remains undiminished 176 Christmas Carols Ancient and Modern in 1833, it brought years after its first publication. It seems there is something into the mainstream songs such as ‘God Rest Ye Merry magical about the combination of Dickens and the Gentlemen’ and ‘Hark! The Herald Angels Sing’ that are Temple that creates a particularly irresistible draw. now a quintessential part of the Christmas canon. Our production embraces this tradition by setting original Partly, of course, it’s the locale. Dickens, as we know, words to the tunes of these Victorian classics, bringing a adored the atmosphere of the Temple, which he soaked comforting sense of familiarity to the score that appeals up during his time as a member of Middle Temple in the to audience members of all ages. 1840s and 50s, setting many memorable scenes from his novels within the Temple precincts, and writing of the In a modern Britain where social inequality remains one of place with evident affection, as in this passage from the greatest challenges we face as a society, it’s hard to Barnaby Rudge: argue that the need for Dickens’ little ‘ghost story of Christmas’ has much diminished. But it’s the genius of There are, still, worse places than the Temple, on a sultry Dickens to combine his polemical attack on the day, for basking in the sun, or resting idly in the shade. heartlessness of a privileged elite with a heartwarming There is yet a drowsiness in its courts, and a dreamy celebration of the enduring power of family, friendship dullness in its trees and gardens; those who pace its and generosity. lanes and squares may yet hear the echoes of their footsteps on the sounding stones, and read upon its It’s this combination that we seek to reproduce in our gates, in passing from the tumult of the Strand or Fleet production. ‘A national benefit and to every man or Street, “Who enters here leaves noise behind”. There is woman who sees it?’ Perhaps that’s stretching a point! still the plash of falling water in fair Fountain Court, and But a theatrical experience that will entertain, inspire and there are yet nooks and corners where dun-haunted stir up the spirit of Christmas? We very much hope so. students may look down from their dusty garrets, on a We look forward to seeing you there. vagrant ray of sunlight patching the shade of the tall houses, and seldom troubled to reflect a passing A Christmas Carol will be performed in Middle Temple stranger’s form. Hall from Saturday 21 to Monday 30 December 2019. For more information and to book tickets, On a frosty December evening, strolling in off Fleet Street visit www.achristmascarol.co.uk and down Middle Temple Lane, breath steaming out like pistol smoke, it’s easy to imagine oneself walking back through time to the London of 1843 so vividly depicted in A Christmas Carol. And once inside the imposing confines of the Hall, tucking into a mince pie and a glass of mulled wine, there are fewer cosier, more atmospheric places to mark the festive season. 2019 Middle Templar 69

EDUCATION SALLY YORKE Education Update 2019 has seen continued change within the Education Department, both internally and externally. In our continued quest to utilise technology effectively, The past year has seen other changes in the makeup we have now moved the student admission application of the team, too: process online. The online application system went live on 1 April 2019; thankfully the system worked well Madeleine Cirdei who has been with us since 2017 took from the beginning and nobody thought it was an over the role of Scholarships Officer in September last April Fools’ joke! year and successfully ran her first ‘three day event’ in April – over 300 BPTC scholarship interviews by 8 panels In the following three months we received over 550 over 3 days. applications online, more than 400 of which were checked and processed by the beginning of July which is a great In April this year we welcomed Alexandra Stan to the improvement on previous years. We are extremely team who, as Student Records Officer, has had the grateful for the continued support of the Inn’s IT challenging task of developing the new processes for department, in particular the expertise of Sam Haskell, in online student admissions in addition to overseeing developing the CRM system to fulfil more complex the Sponsorship scheme. functions. Our latest addition, Rosalie Bower, joined in May and With uncertainties around the requirements for Irish has settled into her role as Education Office Assistant lawyers to transfer to the Bar of England and Wales after remarkably quickly, acting as the first port of Call for Brexit, we experienced an unprecedented number many members and non-members alike. joining the Inn in order to be Called in March. Of the 55 Callees at the Hilary ceremony, 18 (almost a third) were Rather sadly, we have said goodbye to Indira Pillay: after from Ireland, up from just 4 in 2018. We have received a over 24 years working in different roles connected to the similarly large number of applications for the Trinity Calls. Inn’s educational activities, most recently Training Officer, she has moved on. Happily, she will not be lost to the Inn In the past couple of years, we have seen a substantial as she has only moved across the Lane to Estates, but increase in the number of students. Here are the figures we will miss her! of Middle Templars starting the BPTC in recent years: We are pleased that the advocacy courses will still be in  2016: 407 safe hands as Jessica Masi has taken over this role and will undoubtedly put her excellent organisational skills  2017: 572 to good use.  2018: 655 Finally, to make sure that nobody feels left out, we can report that the rest of the team – Christa Richmond, This means, of course, that there will be higher numbers Sally Yorke and Sarah Hankinson – are still here and to be Called. In anticipation, we have scheduled four working as hard as ever! ceremonies over two days both for Trinity Call in July and Michaelmas Call in November. Student Application We are proud to uphold the tradition of training students who come from overseas: about 40% of our students are Dept. Malaysian, 10% are Mauritian and 10% from numerous other countries. The popularity of the Middle Temple societies in their home jurisdictions suggests that they must have positive memories of their time at the Inn. With regard to students from within the UK, we are working hard to make sure that students who ‘have got what it takes’ are aware of the opportunities which the profession, and more particularly the Inn, has to offer. To make our contacts with schools and universities more efficient, we have an Outreach Officer – Richard Frost, who started his new role early this year. He is working closely with the teams of the other Inns and the Bar Council to ensure that we are all on the same page and efforts are not duplicated. 70 2019 Middle Templar

ADVOCACY TRAINING ON CIRCUIT  MASTERS BEN NOLAN & SIMON MYERSON Advocacy Training on Circuit Master Nolan was Called to the Bar Master Myerson was Called to the in 1971 and took Silk in 1992. He lives Bar in 1986 and took Silk in 2003. He in the Yorkshire Dales and practises has a wide-ranging practice covering across the North Eastern and crime, civil and regulatory work. He is Northern Circuits. He has a mixed a qualified advocacy trainer who practice and is noted in Legal 500 as regularly trains students for the Inn a ‘well known circuit heavyweight in and the North Eastern Circuit. serious crime’. He is a Recorder and Appointed Recorder in 2001 and Deputy High Court Judge. He is made a Bencher in 2013. actively involved in advocacy training in the Inn and on Circuit. He was advocacy – from how to deal with experts to how to make a made a Bencher in 2004. legal submission to the Judge alone. All the Circuits have the benefit of senior advocacy trainers Like Middle Temple we work on the basis that training works who are accredited by and some sit on the governing body of best when those doing the training and those being trained the Inns of Court College of Advocacy. Some are established know each other well, work together regularly and get on trainers on the world-renowned Keble Advanced Advocacy together. Virtually every training event includes a mess, where course run by the South Eastern Circuit and regularly teach members of Circuit get the chance to socialise together and abroad on courses organised by the College and the Inns in exchange views informally. Unlike Middle Temple, our revels other common-law jurisdictions. are held almost every mess – we have lots of things we find amusing… In the last decade or so, the senior trainers have trained up more junior trainers in the Hampel Method at ‘Training the The principle that underpins Circuit education is that it is free. Trainers’ weekends every couple of years, bringing on an We do not charge our members to attend our events. We average of around twenty new trainers per Circuit. Thus the teach every compulsory course from within our own numbers of ICCA accredited trainers on each of the Circuits membership. Circuit, like the Inn, is about belonging. As the have increased exponentially, and the Circuits have become great Tom Lehrer almost said, ‘Being a barrister is like a sewer self-sufficient in running advocacy training courses. The – what you get out of it depends on what you put into it’. staples, common to all Circuits, are the compulsory Pupils Advocacy Training and New Practitioners Advocacy Training We are trying to bring the Circuit and the Inn closer together. courses which each take up two days. Some Circuits run their Middle Temple runs an annual Advocacy Training weekend courses on a residential basis, and some on a day basis, but for BPTC students in York (affectionally known as ‘Cumberland they all are fully funded from Circuit funds. The Circuits also Lodge up North’). Although the weekend is aimed at BPTC provide specialist advocacy training, e.g. the Northern Circuit students studying at the Northern providers, it is run by runs an expert witness training course in conjunction with the benchers and other members of the Inn who are accredited Royal College of Psychiatrists. Other Circuits run forensic advocacy trainers and, mostly, circuiteers. Students eligible for science based witness handling courses and in recent years all the York weekend are encouraged to apply. It is held at the the Circuits have put on Vulnerable Witness Training sumptuous Principal Hotel where the food, drink and service Programmes using the now hopefully familiar Advocate’s are first rate. There is even a visit to the iconic York Crown Gateway Toolkits. Court and a close encounter with its resident ghost! On the North Eastern Circuit we run a variety of educational Most advocacy training courses involve witness handling and courses that include training in advocacy and the issues therefore require volunteers to act as witnesses and most around it. Much of this is now compulsory insofar as the BSB Circuits draw upon their local BPTC providers to provide are concerned but we have always aimed to provide volunteers. I would strongly advise BPTC students and others continued education to our members from the outset. So, we to step forward. The experience of role-playing a witness is have trained all our members in how to deal with vulnerable itself a form of advocacy training and is a good way of making witnesses, and the obligations that may arise under the your face known on Circuit. Equality Act 2010. We run the Established Practitioners Programme. We regularly showcase particular aspects of 2019 Middle Templar 71

YORK ADVOCACY  PETER CRUICKSHANK York Advocacy Weekend Peter Cruickshank is a pupil barrister preparation properly were left simply embarrassed. at 39 Park Square in Leeds. He is There is nowhere to hide when your advocacy teachers pursuing a mixed criminal and civil are seasoned barristers and judges and you haven’t done pupillage. His first degree was History, the work. Not doing your bit is also disappointingly and after working for a number of disrespectful when senior members of the Inn have years, during which time he studied given up their free time to help you. the GDL part-time, he studied the BPTC at the University of Law (Leeds) For those who were ready, the teaching was hugely over 2018-19. He is co-convenor of rewarding. We would do our prepared exercise (for the UK Environmental Law example, Cross Examination or Plea in Mitigation), Association’s Litigation working party. and then the teachers would constructively suggest improvements, before demonstrating themselves how Looking back on my 2018-19 BPTC academic year, I can we might make the point we were trying to achieve but think of several highlights which developed my abilities, couldn’t quite get. We learned how to make sure our provided context to my studies, and offered good fun. points had consequences, and didn’t just float away without landing a punch. We learned how to structure a The most important of these, and by a big margin, Plea in Mitigation, and to include not just the things our was Middle Temple’s York advocacy weekend from client did do, but all the (positive) things he did not do, 25 – 27 January 2019. I say that because the weekend such as running away. We learned not to cross the line transformed my own abilities as an aspiring advocate and between sounding empathetic and emotional blackmail. was therefore instrumental in my securing pupillage in We learned to keep our language simple. March 2019. It also anchored me in the Middle Temple family. Simply put, the experience went beyond making And so we became more confident. Indeed, we me feel welcome: it made me feel like I belonged. became more capable. 42 students arrived in York to be trained by around The weekend offered fantastic opportunities for 20 barristers and judges. The weekend was hosted at socialising. We made friends with other Middle Temple the stunning Principal York hotel, which faces the train students, and built relationships with senior members of station at the entrance to the old city of York. The hotel the Inn. We sat next to barristers and judges at breakfast, has every convenience and even a swimming pool. lunch and dinner, and continued chatting in the bar for With comfortable rooms, excellent food and swims in a nightcap before bed, and several students went on to the pool, our two nights in the hotel were a refreshing mini-pupillages or marshalling with those they met. break from January’s wintry cold. For myself, I later encountered the weekend’s barristers on pupillage interview panels, and having a warm This was not, however, a holiday. We were taught connection from the minute I entered the interview advocacy by senior members of the Inn and it covered definitely helped. Final round pupillage interviews almost all the bases. We began learning on Friday when QCs, always involve an advocacy exercise, and having been Judges and Heads of Chambers demonstrated ‘how to rejected by one Chambers because my Plea in Mitigation do it’. Theories were explained, objectives were made was less good than the next candidate’s, I know how clear. Helpful nuggets were given, for example the words important it is to take every opportunity to improve. of Rudyard Kipling for Examination in Chief, “I keep six honest serving-men; They taught me all I knew; Their The weekend is therefore to be highly recommended. names are What and Why and When; And How and Every student I spoke to came away buzzing. And the Where and Who.” And it was made clear to us all that, word ‘privilege’ doesn’t quite cover it. We all returned whatever advocacy we did, the quality of the final product to our BPTC classes glowing, full of new confidence and is a function of preparation. skills, and grateful to Middle Temple for making us feel part of the family. Not all students got the memo. When we moved into small teaching groups, those who had not done their 72 2019 Middle Templar

CUMBERLAND LODGE  WILLIAM HAWKES Cumberland Lodge Bill Hawkes is a communication and In addition to the formal training aspects of the weekend, public speaking coach with Cumberland Lodge is the setting for the practice of social qualifications from both The New skills and the development of etiquette that will prove to Zealand Speech Board and the be vital in forthcoming careers. A formal dinner provides London Academy of Music and opportunities to discuss the advice and training they have Dramatic Arts in both public been given with fellow students and senior Inn members. speaking and debating. He studied, But more importantly it gives the opportunity to get to but did not pursue law, and is now a know each other and mingle, in many cases forming new professional conservator and trained professional relationships and friendships alike. Food and jeweller. His conservation practice catering at Cumberland Lodge is as impressive as the encompasses a wide array of projects place itself and this is often remarked upon by the spanning Roman and Anglo-Saxon stone-set jewellery to students and staff. All of the provisioning at the Lodge is Napoleonic carriage guns. He is a Fellow of the National exceptionally well performed and delivered. Association of Jewellers, a member of the Guild of Jewellery Designers and the Society of British Jewellers. On Sunday morning there is an opportunity to attend Mattins at the Royal Chapel which is nearby. The Royal John Byfield probably couldn’t believe his luck when, in Chapel is the chapel of Her Majesty The Queen and, on 1650, Oliver Cromwell gifted a plot of land to him in what the occasions when her Majesty is in attendance, often was to become Windsor Great Park in lieu of wages. Its with her family, the students have the rare opportunity to beauty would have left him in awe! In 2016, when I first exchange a few words with her (a true once in a lifetime went to Cumberland Lodge, I couldn’t help but feel the opportunity). same way. Looking around me, at the imposing house set in some of the most beautiful grounds of the British Isles, I The simple fact is that Middle Temple students find realised I felt… well…. privileged. themselves in a truly privileged position to be able to spend a short period of time in an environment that is not Cumberland Lodge is the venue for the Middle Temple only exceptionally attractive, but dedicated to the advocacy course which is held there three times a year. development of the skills that they will need to have and The weekend, as many of you reading this will be fully be highly aware of throughout their careers, both in aware, provides a packed schedule for students on the adeptness of advocacy and social skills. Cumberland BPTC and what is gained from the weekend is a thorough Lodge really does provide a superb learning experience. grounding in the art of court advocacy. The drinks reception on the Friday evening just after arrival is the beginning of a weekend where learning is paramount. There are no formal assessments, but simply every opportunity to learn and be guided by the best and most experienced advocates in the legal profession. The students on the course are given multiple opportunities to deliver set-piece advocacies in front of small peer groups which are led by two senior barristers. These performances are then appraised by the senior members and advice is given on what can be improved upon. This is conducted using the Hampel method of training which aims to deliver a focused and rationalised appraisal with the highest possible chance of improvement of the student. This course of action ensures that the aspect of performance that can best be improved upon is identified and used as a training and development opportunity. 2019 Middle Templar 73

ACCESS TO THE BAR  SHANZÉ SHAH Access to the Bar Shanzé Shah is a Queen Mother So when it was time to apply for a BPTC Scholarship, I Scholar with a LLM in International had no doubt that it would be Middle Temple. After Commercial Law from UCL and an LLB going through the interview process, I was awarded the from University of Birmingham. She Queen Mother Scholarship. The value of this scholarship recently completed a summer was not limited to financial support - as equally important scholarship in Israel, interning at a it gave me confidence that I could pursue a career commercial law firm and experiencing at the Bar. the Israeli legal system. Shanzé will also be working as a legal intern in Throughout my BPTC I’ve enjoyed attending a multitude Greece over the summer and hopes of qualifying sessions and have felt very proud of being to practise in the area of trust and tax part of such a diverse and supportive community. I law in the future. particularly enjoyed bringing my friends and family to events in Hall and showing them a side of the Bar My journey to the Bar so far has been intertwined with unknown to many. the Middle Temple. It all began when I applied for Access to the Bar. This was a very important stepping stone, as As I thought about what I would want to do for my through this I was able to experience a week long mini summer after the BPTC, I came across Middle Temple’s pupillage alongside a week of marshalling. My mini International Scholarships. Having worked and studied in pupillage was at Doughty Street Chambers and Germany, India and China, I know how valuable working marshalling at the Royal Courts of Justice. Having two and learning in a new environment can be. I applied and, weeks of legal experience not only helped me to learn a after an interview I was awarded the Anglo-Israel lot about legal practice, but it also opened doors for me scholarship. So as I write this, I am currently in sunny Tel in regards to other mini pupillages. After completing this Aviv. I will be completing a month at Michael Hunter & scheme, I was able to gain experience at other Chambers Partners, followed by a week at the Commercial Court with more ease than I had been able to before. and then a visit to the Supreme Court in Jerusalem. I continued to keep in touch with the Middle Temple Middle Temple has been an integral part of my journey beyond Access to Bar, and during the year I was so far and has greatly supported me in pursuing this completing my LLM at University College London, I career. I was recently selected by Middle Temple to be attended the ‘Women at the Chancery Bar’ event in part of its exhibition to celebrate 100 years of Women in Middle Temple’s Sherrard Room. I was inspired by the Law; it is such things that stand as example of Middle women there and my interest in the Chancery Bar was Temple’s extremely welcoming and diverse spirit. sparked. I also met Master Amanda Hardy at the event who is coincidentally now my Middle Temple sponsor I hope to continue to play an active role at Middle through the Inn’s Sponsorship scheme. Temple in the future and would like to one day ‘pay forward’ the support I have been given to others who also want to pursue the Bar but have no prior links or connections to the legal profession. 74 2019 Middle Templar

Established in 2011 by Master Treasurer, The Rt Hon. Lord Justice David Bean, and Master Deputy Treasurer Elect, Andrew Hochhauser QC, Access to the Bar is the Inn’s flagship Outreach programme. The Inn provides 30 students with one week of shadowing in Chambers and one week marshalling with a Judge along with £500 for expenses and free accommodation where required. Eight places are named for the late Michael Sherrard QC. Ten places are funded by the Jeremy McMullen Fund, five places each by COMBAR and ChBA, and TECBAR fund two places. We asked some of the students who participated in the 2018 programme to write about their experiences below. Ibrahim Ilyas Calum Smith ‘I come from a modest family, my grandparents are ‘The Access to the Bar Scheme offers an invaluable immigrants and I am the first generation to study at insight into the works of those operating at the top of the University. The Access to the Bar Scheme gave me the field we all aspire to be a part of. I was fortunate enough exciting opportunity to undertake a mini pupillage and to experience the breadth of barristerial work; from the judicial marshalling for a week each. As an aspiring County Court to the Court of Appeal. Time spent barrister from a non-traditional background, commuting to court with a pupil was, perhaps opportunities to shadow barristers and judges are surprisingly, the most beneficial experience. A pupil limited and this programme allows students from knows all too well the challenges facing prospective similar backgrounds to gain an insight into the Bar from barristers when applying to the Bar, and I didn’t want to the unique perspective of a mini pupil and a waste a moment of this opportunity; I ensured that I view from the bench. In addition, I marshalled with utilised the time spent in transit to extrapolate every Mr Justice Garnham, sitting in my hometown of ounce of his knowledge and sought advice. The Judge Birmingham, and this equipped me with a unique that I shadowed accepted my persistence, willingly perspective on the important work of High Court answered my questions and seemed genuinely interested Judges.’ in me and my motivations. The experience challenged my conception of those in such senior roles; their ability as Robert Povall practitioners is axiomatic, but the interest from the judge was warming and he encouraged me to ask questions ‘Coming from a ‘non-traditional’ background with no that a more forbidding personality might have made hard contacts at the Bar, I used to think that I could never to venture.’ become a barrister. When Middle Temple awarded me a ‘Michael Sherrard Access to the Bar Award’, I realised that Donna Longcroft this was not the case. During my mini-pupillage at the 36 Group, I shadowed Karen Reid in one of my favourite ‘Being a part time Bar student, while working full time areas of law: immigration. Not only did Karen show me to fund my BPTC, I struggle to afford the time off the realities of practice, she also set an example as the work to pursue the experiences vital to my training. kind of barrister I aspire to be; one who combines However, this award has given me the chance to gain compassion with fierce advocacy. Receiving a place on a valuable education that otherwise would have been this scheme marked a turning point in my legal career beyond my means.’ and gave me the confidence I needed to go forward and successfully obtain a BPTC Scholarship. With the support Getting Involved of Middle Temple, I have been able to pursue a career that I once believed was closed to me.’ We are very proud of Access to the Bar and the impact it has on the students who participate, many of Mercy Milgo whom have gone on to study the BPTC, be Called, attain Pupillage and Tenancy. However, in the ten ‘I was awarded a Jeremy McMullen Access to the Bar years since its founding, a number of the Barristers award, which was set up by the late Jeremy McMullen, a and Judges who made it a success have moved on in Middle Temple Bencher, to encourage and enable female their careers or retired. In 2020 we will need Chambers students from disadvantaged and/or underrepresented and Judges who could be available for a week to take backgrounds to make an informed decision about a on bright and committed undergraduates for whom career at the Bar. My highlight of the marshalling these opportunities do not often present themselves. experience was accompanying HHJ Monty QC to walk his dog, Ludo, and having lunch with the other judges If you are interested and think you can help, who were all so friendly and humble. It was great to please contact the Inn’s Outreach Officer, hear stories of how they began their careers at the Bar. Richard Frost via [email protected] My highlight of the mini-pupillage was observing a Members of ChBA, COMBAR and TECBAR should cross-examination of a rather eccentric witness during enquire with their respective administrators to find out an interesting Libel trial.’ how to participate with the scheme from their side. 2019 Middle Templar 75

LIFE AS A STUDENT MERLENE GEORGE Life as a Student Today Compared With 100 Years Ago Merlene George was Called to the At the time, this development was reportedly Bar in November 2018. She worked met with widespread disapproval: for the Education Department of the Middle Temple between October ‘...It would be untrue to suggest 2018 and June 2019 and was that either the Courts or the responsible for processing student Bar really welcome the admission admissions to the Inn and running the of women to their precincts. Sponsorship Scheme. She currently The Law is a conservative works as a self-employed Court institution, and barristers have Advocate whilst seeking pupillage. no belief in the existence of She is the Advocacy Officer of the potential Portias…’ MTYBA. The admission of women as student members of an I was asked to write an article which shed light on the Inn was described as the destruction of the highly experiences of female student members admitted from cherished traditions and customs. The Sunday Times 1919, the year which marked the first time women were printed the thoughts of one reader on 21 December allowed to pursue a career at the Bar, and draw 1919, who suggested that ‘those who favour the comparisons to the present educational system in 2019. feminist movement’ lacked any sense of proportion: As a recently Called student, I took great enjoyment in researching the experiences of my fellow female students ‘I really fail to understand in the first few years of their admittance to the Inn. why the Middle Temple should feel either ‘honoured’ Relentless Criticism or the reverse by the addition of one or more women to its The Sex Disqualification (Removal) Act 1919 (‘the Act’) very ample ranks; the event was passed on 24 December 1919, allowing the first is not nearly so portentously woman to be admitted to an Inn of Court – the impressive as some people Honourable Society of the Middle Temple. This marked seem to wish to believe…’ the entrance of women coming to the Bar and it is perfectly appropriate to describe this as a triumph for women. Another ‘helpful’ proposal made by a reader of the Pall Mall Gazette on 1 January 1920 was to establish a special Ladies’ Inn of Court, to prevent women invading the traditions of the Bar, including the dining halls, which had ‘been built up by many famous men’. 76 2019 Middle Templar

 I hope, too, she will not endanger the lives of the solicitors’ clerks who bring her briefs by placing flower-pots on the window-sills of houses in Middle Temple Lane! Blatant Sex Discrimination On 27 January 1920 The Daily News printed the following comment on the subject: An individual referring to themselves as ‘A Barrister’s Clerk’ explained very meticulously to the Daily Mirror ‘It appears to me a very pettifogging (6 January 1920) how himself imagined women barristers way of trying to hold back the prize would act in chambers: after the race has been honestly won. […] The least the men can • ‘...will she be content to leave the windows securely do is to admit them heartily into attached to their frames by coatings of grime?…’ comradeship. How are the women to acquire the tradition on which • ‘I hope, too, she will not endanger the lives of the the legal profession prides itself so solicitors’ clerks who bring her briefs by placing much if they are not to mix in social flower-pots on the window-sills of houses in intercourse with the men?’ Middle Temple Lane! ‘Dinners’, as they used to be known, are now referred to • ‘She will buy her sets of law reports… But I do not as ‘Qualifying Sessions’ (QS) and have evolved think she will love them in their shabby cloth significantly since the days when 72 had to be clocked up. bindings. She will have them rebound in pink While they have always been intended to propagate the half-calf ’. collegiate community within the Bar, these events are now designed to also provide professional development A great piece of writing portraying all the hallmarks of sex of an educational nature, complementing the training discrimination. One can assume that ‘A Barrister’s Clerk’ provided by the Bar course. Students attend a lecture or would not have those concerns in 2019. informal discussion, led by one or more senior members of the Inn, which addresses a legal topic and includes an Could the women students integrate opportunity to ask questions. Residential advocacy themselves into the Inn’s camaraderie? training courses are run four times a year and students can also act as witnesses on post-Call courses to earn On the night of 11 January 1920, women students dined QS points. In recent years students have been required in the Middle Temple Hall for the very first time. This was to complete 12 QS, but from September 2020 this will be their first of 72 dinners required to be completed in reduced to 10 in accordance with the Bar Standards order to be eligible for Call. Board new Bar Qualification Manual. Miss Normanton was one of the four women students The collegiate element – a reception or a dinner – has who dined in the Hall that evening. She described her been retained and provides students with the opportunity experience thus: to talk informally to, and learn from, practitioners, judges and fellow students. The aim is to provide an induction ‘I was horribly frightened at first, but everyone was so into the professional community and an opportunity to kind that I soon forgot my nervousness… I received make contact with established members of the profession many congratulatory messages, and have been as well as future colleagues. It is through the promised briefs by an eminent barrister when I am conversations that take place during Qualifying Sessions called to the Bar’. that the Inn continues to be an integral part of each member’s educational, professional and personal life. Unfortunately, this welcome was short-lived. Sir John Discussion might range from sharing concerns about Edge, the Master Treasurer of the Middle Temple ordered Bar examinations and the ups and downs of seeking on 15 January 1920 that pupillage to hearing firsthand about practice and even sometimes offers of work experience in chambers. And ‘all Lady Students lunching or dining in Hall must long gone are the days when women were required to be sit at the table reserved for their exclusive use at segregated from the men! luncheon and dinner.’ Rightly, this attracted a high volume of mockery. The Daily News on 21 January 1920 described the Middle Temple Benchers as being ‘a little frightened of the women law students they have admitted into their midst’ and deemed the Order to be ‘unnecessary, even as a protective measure for young and susceptible law students’. 2019 Middle Templar 77

ANGLO ISRAEL SCHOLARSHIPS IVANA DASKALOVA & NICHOLAS HIGGS Anglo Israel Scholarships Middle Temple Overseas Scholarships are intended to provide Members of the Inn who have completed their BPTC with the opportunity to experience legal practice in a different jurisdiction, and perhaps to see a little of the country they are placed in. Ivana Daskalova was Called to the Nicholas Higgs completed the BPTC Bar in 2018 and is currently a pupil at the University of Law in July 2018 barrister at 3 Verulam Buildings. and was Called to the Bar in Prior to her pupillage, Ivana studied November 2018. An Atkin Chambers European law at Maastricht University Scholar, he holds a degree in Civil and went on to complete the MCL Engineering from Cardiff University at the University of Cambridge. and a Master’s in Construction Law from King’s College, London; he took the GDL at the University of Law. In a former life he was a Chartered Engineer with Ove Arup and Partners. He is a pupil at 39 Essex Chambers. In the summer of 2018, the Anglo-Israel scholarship granted to the Attorney General, who is entitled to refuse enabled two members of the Inn to travel to Israel and to defend the government. This is not only a theoretical experience work in an Israeli firm, and the work of the possibility but something that happened last year when Israeli courts, first hand. Ivana Daskalova and Nicholas AG Mandelblit decided not to defend challenges to a Higgs report on their experiences. law legalising settlements in the West Bank. To my knowledge, this situation could not take place anywhere Ivana writes: My stay absolutely exceeded my else in the world. It was also interesting to learn that the expectations (which were high to begin with). The Herzog majority of judges in Israel are women, although their Fox & Neeman team gave me a warm welcome and the judiciary is not organised along the career model. three weeks I spent there allowed me to see a variety of work, including banking, gaming and tax law. I did not The two days I spent at the Shalom Court with Judge get the opportunity to observe proceedings but I more Havkin were extremely informative. He went above and than made up for this when I went to the Shalom Court in beyond to acquaint me with the Israeli legal system and Tel Aviv. I liked the relaxed atmosphere of the firm, which the workings of the Shalom in particular. I observed I was told is typical for Israeli law firms. The lawyers I detention, bankruptcy and road traffic accident hearings talked to were very open about the advantages and in his company. The style of advocacy is indeed very disadvantages of being a lawyer in Israel. different from what one usually sees in London – much livelier and rather chaotic. It was easy for me to follow Then followed my visit to the Supreme Court in everything thanks to Judge Havkin’s simultaneous Jerusalem. I was given a comprehensive tour of the translation and comments. He showed me every building before meeting Judge Vogelman. We had an corner of the building and introduced me to other interesting conversation about the role of the Supreme judges, who also readily answered my questions Court in Israel and its independence vis-à-vis the about their field of work. executive. I was surprised to learn about the discretion 78 2019 Middle Templar

The exchanges I had with him were thought-provoking overseas parties where the team were keen to draw on and his detailed knowledge of the English legal my ‘English’ turn of phrase) it tended to be a little less landscape was astonishing. direct than the Israeli version. I also travelled a lot and was greatly impressed with the Judge Vogelman was also kind enough to meet with me diversity that can be found in such a compact country. I on my visit to the Supreme Court. The workload of the went to Haifa, Akko, Bethlehem, Jericho, Ramallah, Supreme Court is staggering; the 15 justices hear over Masada, Ein Gedi, the Dead Sea and the Negev. I met 10,000 cases a year. Judge Vogelman explained that this people from all over the country, and all over the world, is because the Court is the only appellate court from the and some of them became good friends too. I attended District Courts, and it is also the court of first instance for several synagogue services in Tel Aviv and found the a number of matters, including judicial review. The singing wonderful. Hebrew is a very melodic language building itself is beautiful, carefully designed to weave and I am thinking of taking language classes in London, light into all parts of the complex and with views out over time permitting. the golden stone façades of Jerusalem. The contrast with the Shalom courts is like that between our Supreme It goes without saying that this experience would not Court and Edmonton County Court. These are equivalent have been possible without the scholarship I was to our County and Magistrates courts, although there awarded and the doors that were opened for me. I have were some significant differences. As Ivana noted, the gained a lot, both as a lawyer and as a human being. I left style of advocacy was somewhat more robust than I have with a heavy heart but I know I will be back. been used to in an English court, and the judicial interventions similarly passionate. The workload is again Nicholas writes: Like Ivana, I had never been to Israel incredibly high, partly, as Judge Havkin explained, due to before and didn’t really know what to expect. The main the large number of lawyers and the comparatively low comment from anyone who had been was ‘it will be hot!’ cost of litigating disputes. This prediction was more than borne out – Tel Aviv in its August humidity is bordering on the unbearable.  T he main comment from Needless to say, the collection of ties I had packed were anyone who had been entirely unnecessary. Israeli lawyers take a very pragmatic was ‘it will be hot!’ approach to the climate – I’m not sure I even saw anyone This prediction was in a jacket in all the time I was working at Michael Hunter more than borne out – and Partners. This small boutique firm was incredibly Tel Aviv in its August welcoming, and particularly keen to allow me to see the humidity is bordering breadth of work that they do. This varied from will writing on the unbearable. to examining technology investment contracts. The work was in a mix of English and Hebrew (I was of more help The scholarship also provided me with the opportunity to with the former – particularly in correspondence with travel through what is a surprisingly small country. The trip from Eilat on the Red Sea to Metula on the Lebanon border in the far north is less than a six-hour drive. The stark contrast between the arid desert of the south and the verdant Hula valley in the north is incredible. One of the most enduring memories for me was visiting Yad Vashem. It was both heartbreaking and hopeful; one emerges from the exhibition telling of the horrors of the Holocaust to a terrace from which the hills of Jerusalem are bathed in sunlight. There you are surrounded by a forest of trees, each one planted in memory of one of the ‘righteous gentiles’. It was a moving reminder that even when faced with such a terrible evil there had been those who had stayed true to their principles and stood up to do what was right. I too am incredibly grateful for the opportunity the scholarship provided, and constantly on the lookout for cheap flights to Ben Gurion so that I can return to visit the many friends I made whilst in Israel. 2019 Middle Templar 79

SCHOLARSHIPS 2019 Scholarships Awarded 2019 BPTC Scholarships Godfrey Heilpern Stanley Levy Memorial Scholarship Memorial Scholarship The Queen’s Scholarship Daniel Boal Emily Davison Joshua Jackson H R Light Scholarship State School Scholarship Queen Mother Scholarships Oliver Bailey Richard Hodges Thomas Beasley, Chiara Cordone, Imogen Forrester, Helena Goddard, Andrew Gurr, Helena Normanton QC Terence Fitzgerald Scholarship Marina Heilbrunn, Adam Hobson, Daisy Scholarship Jones, Sapandeep Singh Maini-Thompson, Joseph Johnson Eloise Marriott, Laura McDonald, Oliver Georgia Fineberg Mills, Helen Peden, Peter Saville, Rory The Lowry Calvert Scholarship Turnbull, Elspeth Windsor HHJ Paul Clark Scholarship Lara Sheehan Duke & Duchess of Cambridge Oyinade Makinde Scholarships The Rose Scholarship Hubert Munroe Scholarship Kelly Baker, Sarah Christian-Oxby Joseph Royster Christin Kirchhübel Diana, Princess of Wales The South Square Scholarships Scholarship J B Montagu Scholarship Daniel Ingham, Helen Lobb Aisha Rehman Nathan Toms Winston Churchill Scholarship Astbury Scholarships Jerry Parthab Singh Scholarship Hui Ann Sern Carolina Bax, Ella Crine, Harriet Dixon, Ryan Kellina Gannon Evans, Nicole Hausdorff, Charlotte McNally GDL Scholarships Joseph Jackson Scholarship Diplock Scholarships Queen Mother Scholarships Katie Baker Beatrice Allsop, Natalie Goodwin, Limpho Constance Collard, Gian Lorenzo Leoni Grace Khaile, Mpula-Masanga Lawton, Leolin Price QC Scholarship Poppy McGrath, Emily Mitchell, Carl Rix, Diplock Scholarships Grace Toller, Christopher Wallace, Rebecca Emma Swindell Whiticar, Talia Zybutz Aran Dollay, Paul Lycett, Matthew Parris, Luboshez Scholarship Joel Wootten Harmsworth Scholarships Alannah Kavanagh Harmsworth Scholarships Jack Barry, Matthew Francis, Nina Kamp, Sophie Keegan, Katriona King, Danae Malcolm Wright Scholarship Libby Atkinson, Richard Caldecourt, Larham, Raesian Miller, Lydia Newman- Urmila Roy-Craggs, Charlotte Trayers Saville, Anuoluwakitan Ososami, Benedict Ginny Dearn Sayers, Paris-Anne Stokes, Calum Stratton Astbury Scholarships Melissa McDermott Scholarship Jules Thorn Scholarships Carlos Austin-Gonzalez, Tom Chamberlain, Imogen Gray Meghan Curran, Christopher Holliday Nathan Baylis, Leyla Benali, Lauren Bicknell, Luke Bloomer, Gemma Grant, Maria Mona De Piro Scholarship Jules Thorn Scholarships Liddiard, Donna Longcroft, Alexander McCulloch, Christopher McEvilly, Elizabeth Amna Ali Albert Gibbon, Annabel Sharma Porteous, Henry Pritchard, Varoon Saccaram, Maja Wilkins Nicholas Pumfrey Entrance Exhibitions Memorial Scholarship Benefactors Scholarships Blackstone Entrance Exhibitions Molly McPherson Iraida Gladchi, Meredith Rawsthorne, Beatrice Allsop, Jack Barry, Thomas Beasley, Liana Turner Quartercentenary Scholarship Leyla Benali, Sarah Christian-Oxby, Chiara Cordone, Ginny Dearn, Imogen Forrester, Atkin Chambers Scholarship Andrew Mohamdee Imogen Gray, Daisy Jones, Sophie Keegan, Helen Lobb, Donna Longcroft, Raesian Kinza Wahid Readers’ Scholarships Miller, Anuoluwakitan Ososami, Aisha Rehman, Calum Smith, Calum Stratton, Brick Court Chambers Scholarship Georgia-Mae Chung, Holly Fagan Emma Swindell, Kinza Wahid James Cairns Robert Garraway Rice Scholarship Harmsworth Entrance Exhibitions Christopher Benson Scholarship Calum Smith Amna Ali, Ryan Evans, James Harrison, Joseph Johnson, Sapandeep Singh Maini- Robin Pickard Rosina Hare Scholarship Thompson, Oliver Mills, Henry Pritchard, Rebecca Whiticar, Talia Zybutz Cunningham Scholarship Monica Young Joseph Carter Safford Scholarship Gardiner Scholarship Alice Byron James Harrison Sir Joseph Cantley Memorial Scholarship Birju Kotecha Sir Robert Micklethwait Memorial Scholarship Megan Horner 80 2019 Middle Templar

MARSHALLING  ALESHA MCLEAN Marshalling Alesha Mclean is currently studying the BPTC part-time at the University of Law. She was the recipient of a Benefactors Scholarship in 2017 and will begin searching for pupillage in January 2020. She is currently employed full-time as a Case Manager for the Ministry of Justice and is responsible for assisting the Parole Board in assessing risk management proposals to release recalled offenders back into the community. During the first year of my Bar course, I secured a three Once we returned, the prosecution began their opening day placement with Master Peter Testar at Southwark speech which lasted a couple of days. On my final day in Crown Court through Middle Temple’s Marshalling court, the trial progressed on to witness handling when scheme. the Prosecution began with their first witness through examination-in-chief. Viewing advocacy from the bench When I arrived at Court, I was excited but also very was a different experience to shadowing counsel or nervous as I was unsure of what to expect. I met Master sitting in the public gallery, although there also is much to Testar and we introduced ourselves. He instantly put me learn in those situations. I managed to pick up many tips at ease as he was very open and friendly. He encouraged and mannerisms from counsel as well as having been me to discuss my progress on the Bar course so far, as exposed to procedure in a real life setting which will be well as my current employment and how it is related to helpful in assessments on the BPTC and eventually one the Parole Board and other ministerial priorities. day in court myself.  Being able to speak to experienced Master Testar and I had lunch with seven other Judges Judges in a slightly more informal and I was introduced to each of them personally. We setting was invaluable and further discussed the impressive advocacy of counsel I had confirmed my commitment to a witnessed in Court as well as their experiences to date career at the Bar. and my own personal journey, including the recent Advocacy weekend I participated in at Cumberland As we entered his room we were greeted by his clerk and Lodge, through Middle Temple as a Qualifying Session. Master Testar invited me for lunch with the Judges. We had a brief discussion about the corruption trial that was I am very grateful to Master Testar and the other Judges estimated to last around 10 weeks. for providing me with further insight into the Criminal legal domain, the current challenges it faces and what to Master Testar invited me to sit on the bench and we expect from such a career myself. Being able to speak to spoke about what to expect in court. Once called in by experienced Judges in a slightly more informal setting the usher, we entered the court room together. Counsel was invaluable and further confirmed my commitment were given the opportunity to raise any issues or to a career at the Bar. concerns regarding the proceedings prior to the jury being sworn in. Master Testar then introduced me to the Marshalling has been an amazing opportunity and one courtroom as Miss Mclean, a law student who one day which I recommend to every student as a great intends to be counsel. I felt honoured to have been experience to learn a lot from. I would like to say a huge introduced in such a formal way and it felt surreal to have thank you to Middle Temple for making this scheme been in such a position. available and I look forward to being involved with the many other opportunities that the Inn has to offer. Initial discussions concerned a new system in criminal courts ‘Live Note’ which is available to the Judge, Jury, Your Inn Needs You! Counsel and the rest of the court on TV monitors, containing evidence bundles for the trial. The jury were The Middle Temple Marshalling Scheme is very popular trained on how to access evidence using iPads before and we are always looking for more judges to get involved Master Testar and I returned to his room to allow the so that this rewarding opportunity can be offered to as court to have a short break. many of our students as possible! If you are interested in volunteering please contact Ms Sarah Hankinson at [email protected] with your area of law and the address of the court you sit in. Sarah can then let you know how the Marshalling Scheme is run, and what is involved. 2019 Middle Templar 81

CALL DAY  Call to the Bar: July 2019 All images © Success Photography 2019 Middle Templar 82

Some past Callees recall their experiences of the Call ceremony Kate Strange (2018) Gerard Pitt (2018) My Call ceremony meant a lot to me, as well as to those I had already started pupillage before my Call, and I had not who attended (my parents). It meant a lot more to me than attended either my GDL or BPTC graduation ceremonies. my graduation, in fact – whereas that was very much the end I thought Call would be something of an administrative of something (my degree), being Called to the Bar felt like requirement. My parents travelled down from North Wales the beginning of something in that it was the start of my for the occasion, not wanting to miss a major professional professional career, and the culmination of several years of milestone, but I was so glad they did because I was taken work (and luck!). I do caveat that view however with the fact aback by the strength of feeling I experienced at being that I had secured pupillage; I am not sure the feeling of formally welcomed into the professional family of the Inn. ‘beginning my professional life’ would be as strong if I hadn’t been successful in securing pupillage, and I was equally moved to share the event with the staff and therefore it was unclear if I would ever be able to practise Benchers of the Inn who have supported me through the as a barrister. The historic factor also felt very significant rather trying adventure of securing pupillage. It was, for to me – it felt very special to take part in a ceremony that example, a great pleasure to be called to the Bar by our has such tradition. then Treasurer, Master Richard Wilmot-Smith, because he and I had both joined an international mooting exchange Nick Higgs (2018) to North Carolina the previous year. My moot partner on that occasion, now a dear friend, was also Called in the I think the Call ceremony is incredibly important. Unlike an same Ceremony – we were at different BPTC providers and undergraduate degree there is no formal graduation would not otherwise have had an opportunity to mark the ceremony at which you get to celebrate with all your achievement together. It is the only way to mark and classmates. Call functions in many ways as the celebratory celebrate all that one has accomplished. culmination of completion of the BPTC. It is the moment when you can pause and reflect on the fact that you have John Asaad (2017) ‘made it’ as a barrister (even if an unregistered one) and have been welcomed into this august profession by the My Call to the Bar was an unforgettable experience. body representing your new peers. It is the moment when I was surrounded by friends and family in a beautiful hall, you finally get to say thank you to your family for all their participating in an ancient ceremony full of tradition support and sacrifice during the year, and to mark a point and meaning – what’s not to love? when all that hard work is over (for the time being). It is also sufficiently formal to add a sense of seriousness to Maham Qureshi (2018) proceedings but at the same time relaxed enough to be enjoyable. There may be those for whom the BPTC and Call My Call ceremony was the proudest and most memorable are just more hoops to be jumped through, and the more evening for both myself and my family. Coming from a seamless the better (perhaps just an online application...). non-traditional background and thinking I would never be I am not one of those, however, and I think it would be a able to successfully complete the BPTC or even pursue a huge loss if the call ceremony were to be downgraded career at the Bar, my Call ceremony was a major milestone or side-lined. in my life. The evening allowed me to see the outcome of my hard work over the past 5 years materialise before my Helen Moizer (2018) eyes as I stood fully wigged and robed. It is an evening many Bar students like myself looked forward to at the end For me, the Call ceremony was very important; it was a of the BPTC, not for socialising purposes, but rather for own proud moment for both myself and my parents. It was a self-fulfilment and realisation of one’s success. symbolic evening in the great Hall, signalling my move from being a student to a barrister. Having my name In the recent months, some have voiced the Call Ceremony called by the Reader and the Treasurer, signing the Call to be dispensible, but I highly disagree. This is because, if book and receiving my certificate all contributed to upon successful completion of the BPTC one was to merely such a meaningful event. be posted a certificate, stating one had been Called, it takes away the excitement for the Callee and the ‘real time’ I was also lucky enough to be called with my peers who experience of entering a profession which many like myself, had been on the Bar course with me. This was particularly had only dreamt of. Being called to the Bar in person along important as the event was a culmination of all our hard with your peers, in front of your family and friends, is work paying off. incomparable to being Called by a piece of paper, in the post. The Call Ceremony is a long running tradition for I know BPP University offer a graduation ceremony too but qualifying as a Barrister in England and Wales, and its I never planned on attending that. For me and many of value must certainly be retained. my peers, the end point of the Bar course was to be Called to the Bar at Middle Temple (and the respective Inns). 2019 Middle Templar 83

THE FIRST AFGHAN SIKH BARRISTER MEENO CHAWLA Battling the Odds to Realise my Dream as the First Afghan Sikh Barrister Meeno Chawla completed the BPTC I went on to study Law with Criminology at university and at the University of Law in London enjoyed it very much. This shaped my understanding of having been awarded the Nicholas the Criminal Justice System, but I wanted to see how it Pumfrey Memorial Scholarship by worked in practice. I went to networking events and did Middle Temple. She has a law degree work experience at the Courts and mini pupillages to get from the University of Portsmouth. a better understanding of the profession. I was a case She works for the Crown Prosecution manager on the Innocence Project at university. I worked Service as a court paralegal. She will on a case involving a potential miscarriage of justice for be Called to the Bar in October 2019 two years. This experience was the turning point for me, as the first Afghan Sikh in England where I decided that I wanted to become a barrister and and Wales to do so. be a voice for those who don’t possess much knowledge of the legal system. Why are equality and diversity so important at the Bar? What makes the Bar such a unique profession? Equality I graduated with 69.2%, which was near to a first-class and diversity are critical for the rule of law and degree. After graduation, I decided to volunteer at a professional legitimacy. Barristers represent everyone, charity which helped people with their housing and debt and the Bar should be more representative of society. claims. Later, I joined the Crown Prosecution Service. I Given my background and unique life experiences, I want was overwhelmed with the knowledge and the high to be part of that process and hope more ethnic pressured, fast paced environment, but I loved every minorities choose to follow a career at the Criminal Bar. moment of it and still enjoy my job today! I work closely with prosecution barristers in preparation of their cases I came to England as an immigrant from Afghanistan in and assist them in court. My work taught me how the 1995. My parents left Afghanistan due to the civil war to Criminal Justice System works and that defendants need better their lives for themselves and their children. We a system which they can trust and that ensures they are moved to a new country and needed to adapt to the area being represented. Whilst working at the CPS, I studied and culture. This was challenging, and it still is. I am from the Bar Professional Training Course part-time and will be the first generation of my family to attend university. Called to the Bar as the first Afghan Sikh in October. Culture plays a huge part in my community and family life is prioritised over careers, particularly for women. I always By choosing a career at the Bar there is no guarantee of reflect on my background and the struggle my parents success, but it is worth the risk. I made it as an immigrant faced to come to this country. There are approximately from Afghanistan to a scholar at Middle Temple and with 60,000 Afghan Sikhs worldwide, many of whom have also this I hope to inspire women, particularly those from left Afghanistan. ethnic minorities, to pursue a career at the Criminal Bar. I am determined to use my background and experiences I chose a career in law as I want to use advocacy to to reach my goal, as without them I would not be who I engage in work that has a direct impact on the lives of am today, and I have every intention of drawing upon my others, because both my family and myself personally experiences with relentless commitment have experienced being in a position of vulnerability and until my dream is finally realised. disempowerment. I wasn’t considered the brightest at school and was told by a teacher that I should reconsider a career in law, as I wasn’t clever, but I used this as my motivation to do well at school. 84 2019 Middle Templar

FROM CLERK TO PUPIL SHANNON WOODLEY From Clerk to Pupil: Shannon’s Journey to the Bar Shannon Woodley was Called to the My story begins at the desk by the window in the Fees & Bar in 2019. She studied the BPTC Accounts room at Park Square Barristers in Leeds, where part-time at BPP in Leeds, having I’ve been a clerk for over two years. I hadn’t even completed her law degree at the graduated from University when I started. Ten days after University of Leeds. She commenced my final undergraduate exam I was strolling into Park pupillage at Park Square Barristers in Square Barristers, overdressed and under-confident, to September 2019. start my job as office junior (a role we are all familiar with; running to court with papers, finding old briefs in the The relationship between clerk and barrister is one which, basement and trying desperately to get discs to play on a in my albeit limited experience, I have not seen mirrored MacBook). After six months, I moved up to the role of in any other workplace. Walking around a chambers, the Family Fees Clerk. dynamic appears no different to any other office. But there are things that separate this relationship from There was a complicating factor. I was doing the BPTC others. The engrained tradition. The retention of ‘Mr’ and part-time and needed a job to self-fund, as is often the ‘Miss’ when speaking to Counsel, even just to call them case when our extortionate student loans are no longer over in the corridor. The mutual respect for the role each ignorable. I was very lucky to land a job that I not only plays in turning the cogs of chambers; the unspoken enjoyed, but in a chambers where I could be around acknowledgement that each needs the other. people who inspire me and could see the minutiae of chambers life that can’t be taught on any Bar course. Because, as much as I loved my job, what I wanted more than anything was to be in the barristers’ room 30 metres down the corridor. Park Square Barristers had been my dream set since I was a doe-eyed second year law student and I had my first mini-pupillage. I told myself I would feel that way about all chambers – but I didn’t. I believe every chambers has a feel. It isn’t always obvious or tangible, but I do think it is always there, and I felt like I fit in these chambers. Of course, it was the first application I sent when pupillage season rolled around. Submitted with sweaty palms, checking over and over that it was sent correctly, it was successful. I remember getting the call when I was waiting for an elevator wearing fluffy red socks and trainers, trying not to openly sob in a confined lift full of people. Here I am a year and a half later, having just been Called and now days away from commencing pupillage. It has been done before. I am not the first clerk to be Called to the Bar. Some people may be cynical about the cross-over. The relationship dynamic is distinct and one which some may think is difficult or inadvisable to cross within the same chambers. But the Bar has come a long way in 100 years. It has and continues to become visibly more diverse, more understanding of the fact that most people don’t have £15-18,000 to spare and that people need to work. I know that my experience as a clerk will only have a positive impact when I start pupillage. There are the obvious advantages; I know how to use DCS, how to bill and where the nice biscuits are kept for conferences. But it’s more than that. I now have an inherent respect for the role of a clerk and the work involved in procuring instructions and balancing the interests of over 100 barristers, because I will remember. I’ve had an enlightening insight into both ends of the chambers production line, and I believe I’ll be a better barrister for it. 2019 Middle Templar 85

ICCA  MASTER DEREK WOOD The Inns of Court College of Advocacy (ICCA) Master Derek Wood was Called to the obtain ‘best evidence’. We have also been working with Bar in 1964 and took Silk in 1978. He the Family Law Bar Association (FLBA) to create an has been a member of Falcon Advocacy and the Vulnerable programme designed to Chambers since 1965. He was assist those practising in the family courts. The course is awarded the CBE for services to due to be rolled out from Autumn 2019. property law and has sat as a Recorder and Deputy High Court Judge. He is a Expert Evidence Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator. In March 2019, the ICCA delivered two further Currently Chairman of the Governors conferences on the handling of expert witnesses in of the Inns of Court College of Manchester and Bristol under the guidance of Master Advocacy. He became a Bencher in 1985, was Director of Andrew Hochhauser. The conferences comprised practical Advocacy 2011-15 and was Treasurer in 2006. training based on case studies in two specialist areas, expert accounting and expert psychiatry. We are grateful The Inns of Court College of Advocacy has continued its to Master Simon Readhead for delivering an excellent commitment to raising and maintaining high standards in keynote. The conferences supplement the ICCA’s guides, the practice and ethics of advocacy throughout the Guidance on the preparation, admission and examination 2018-19 academic year. The most public demonstration of of expert evidence and Statistics and Probability for this is our application to the Bar Standards Board (BSB) Advocates: Understanding the use of statistical evidence requesting authorisation to deliver a new format for the in courts and tribunals which seek to assist advocates Bar Course. Our innovative course has been designed to preparing to deal with statistical evidence and expert equip students to best meet the demands of the witnesses in trial. profession today. In addition to this extensive work, the ICCA has continued to develop new materials and Youth Justice Advocacy training programmes for established practitioners; and we continue to expand our international training programme. The ICCA’s reputation for providing guidance in the field of Youth Justice continues to grow and we are delighted The ICCA Bar Course to be continuing to work closely with the Youth Justice Legal Centre (YJLC) and Every Child Protected Against The new two-part ICCA Bar Course will replace the BPTC Trafficking (ECPAT). The ICCA is working on producing a for students wishing to pursue a career at the Bar. short online programme on key areas of concern for Approval has now been granted and delivery of the practitioners representing children in the youth justice course will commence from Autumn 2020. This new system, which will assist Youth Justice Practitioners in format sets out to lower the cost of training to £13,095 complying with their CPD requirements introduced and increase flexibility for students by delivering the following the compulsory registration of Youth Court knowledge-based elements of the curriculum online practices by the BSB. In Autumn 2019 the ICCA will host during Part One. Part Two will focus on skills teaching a conference entitled Children and Young People in and will be undertaken in person within the precincts of the Justice System. Aimed at Youth Justice Practitioners, the Inns of Court. the conference will focus on the need for special consideration and focus when dealing with children or Advocacy Trainers’ Symposium young people and will offer insights on the skills, challenges and problems from experts in the various In April the ICCA hosted an Advocacy Trainers’ disciplines affecting this niche area of practice. Symposium welcoming advocacy trainers of all levels to share visions about the development of advocacy training, If you are interested in assisting with any of the contribute to open discussion around common problems ICCA projects, would like to contribute to ongoing encountered during training and to assist in determining discussions or attend one of our conferences how to further develop the programme of training please email [email protected] for more details. available. We are very grateful to the advocacy trainers To download one of our guides for free, visit our from Middle Temple who attended to represent their Inn. website at www.icca.ac.uk/expert-evidence or contact [email protected] if you would prefer a printed copy. Advocacy and the Vulnerable For information on the content of the course, visit our The Advocacy and the Vulnerable programme continues website at www.icca.ac.uk/bar-course, or contact us at to be delivered by the Inns and Circuits to advocates who [email protected] practise in the criminal courts. The course helps advocates understand the special procedures applicable to cases involving vulnerable witnesses and to employ appropriate language as part of their cross-examination techniques to 86 2019 Middle Templar

PUPIL SUPERVISORS  CHRISTA RICHMOND Pupil Supervisors: Changes to the Accreditation Process On 1 April 2019, the process of becoming a pupil supervisor changed fundamentally: practitioners no longer have to apply to their Inn in order to be approved as pupil supervisors. Christa Richmond is responsible for The relevant rules are summarised in the Bar the Inn’s Education Department, Qualifications Manual which is available on the BSB which looks after the ‘cradle to grave’ website at www.barstandardsboard.org.uk/qualifying-as- provision of education, training, and a-barrister/bar-training-requirements/bar-qualification- general advice for members and manual-index/ prospective members of the Inn. The Department’s remit includes Under the new rules, AETOs are now responsible admission to the Inn, scholarships, for appointing suitable pupil supervisors to teach Call to the Bar, as well as training and their pupils. education for students, pupils, and practitioners. A graduate of Stuttgart This is the relevant section in the Bar Qualifications University, Christa taught German at Bristol University for a Manual: number of years before working for Cumberland Lodge as a Conference Co-ordinator. She first joined the Middle Temple to C. Work-Based Learning Component (Pupillage) work with Michael Sherrard when he established the Inn’s advocacy training programme, and she became Head of C2. 1.10 Department in 2002. It is for the AETO to determine the suitability of an individual to act as a pupil supervisor and to ensure that When chatting to a barrister, you will sooner or later hear they have received (and continue to receive) appropriate a story about their pupil supervisor (or pupil master, if training that meets the outcomes specified by the BSB. In they are of a certain generation). Those stories may be considering the suitability and competence of a barrister amusing, idiosyncratic, serious, or terrifying, but they are to act as a pupil supervisor, AETOs should check the always memorable. disciplinary record of the barrister with reference to the Barristers’ Register on the BSB website and seek This is a reflection of the vital role which pupil supervisors a declaration from the barrister that no other disciplinary have to play: responsible for the final stage of a person’s action is in progress. Other considerations are likely to training for the Bar, they have the capacity to shape the include: way in which a barrister approaches his or her role. • professional experience; The professional stage of training, i.e. pupillage or work-based learning, is the point at which the trainee • nature of their practice and whether it offers barrister is introduced to the day to day realities of the appropriate learning opportunities; profession, the ethical issues arising in a real life case, the way to deal with stressed clients, in other words, the way • the time they can devote to a pupil; theory translates into practice. After completion of the academic stage and the vocational stage, its primary • aptitude to create an appropriate learning purpose is for pupils to develop and build on the environment; and knowledge, skills and experience previously acquired and to gain first-hand experience in a work-based • competence to provide effective feedback. environment. The Manual also states (in s1.6.) that pupil supervisors It is likely that the vast majority of barristers will continue must receive appropriate training before they are to complete the professional stage via a traditional registered with the BSB as a pupil supervisor. pupillage, but it may also be called ‘work-based learning’ to encourage a wider range of Authorised Education & The BSB is in the process of developing learning Training Organisations (AETOs) to provide this stage of outcomes for the training of pupil supervisors. training. The Inns and Circuits will continue to provide training, On 1 April 2019, the Bar Standards Board (BSB) but will no longer be sole providers: Handbook was amended and the new Bar Qualification Rules came into force. 1.7 Supervisor training is open to any provider and In addition, on 27 March 2019, the BSB and the Inns can be delivered in-house. Providers are not accredited of Court signed a Memorandum of Understanding by the BSB. which sets out the roles and responsibilities of the BSB and the Inns under the new rules. To keep updated on further developments on training requirements for pupil supervisors please check the Inn’s website at www.middletemple.org. uk/education-and-training/education-and-training/ pupil-supervisors 2019 Middle Templar 87

THE PUPILLAGE PODCAST  GEORGINA WOLFE & BEATRICE COLLIER Behind the Scenes of The Pupillage Podcast Like finals, the pupillage application process can leave its mark, returning in grotesque dream form at times of stress. Georgina Wolfe was Called to the Bar Beatrice Collier was Called ito the Bar in 2006. She practises public and n 2004. She practises police law and police law at 5 Essex Court. She was a public law and mental health/capacity Queen Mother and a Fox Scholar and at 5 Essex Court. She is a member of is now a UK trustee of the Harold G the Inn’s Survive & Thrive Steering Fox Education Fund. She is a member Group and the Historical Society. of the Attorney General’s B Panel of Counsel Georgina and Beatrice created and co-host the Middle Temple’s Pupillage Podcast Series. Whether you applied through PACH, OLPAS, the Portal, The staff in the Middle Temple Membership team, the Gateway or via a bespoke process, you almost led by the unstoppable Colin Davidson, were certainly found it tested your stamina, resilience and immediately enthusiastic. Colin set about persuading a research skills – sometimes to breaking point. There are variety of Middle Temple members of all levels of all sorts of reasons why applicants find it such a daunting experience, ranging from the President of the Middle process: for a start, the competition is exceptional. It’s Temple Young Barristers Association to the highest levels also hard from the outside to be confident that you of judges, to give up their time to talk to us for the understand a chambers’ ethos and practice areas. podcast. By October 2018, the Membership team had Candidates ask themselves myriad questions: how to managed to book us three days’ of wonderful Middle demonstrate advocacy skills if you have not been Templars (and a few welcome interlopers) willing to give debating since birth; will a non-Oxbridge 2:1 be enough; their advice on the various challenges which the aspirant will your first choice commercial chambers prize a first barrister faces in securing a pupillage. The Queen’s Room career in financial services more highly than the time you in Middle Temple became our recording studio. Alex, our spent as a benefits adviser? ‘What are chambers really talented (and patient!) sound engineer taught us that looking for?’ is a question that we have been asked wriggling on creaky chairs and tapping the table for many times over the years. emphasis were not conducive to good sound quality. Much of the stress of applying for pupillage boils down to not knowing where to find the answers to such questions. This problem is all the more acute for candidates from less privileged socio-economic backgrounds. We both love podcasts and it struck us that a podcast would be a brilliant medium for delivering the information and advice which many applicants struggle to access. Two of the most appealing features of podcasts, their ‘intimacy’ (it feels like guests are in the room talking to you, the listener) and their convenience (you can listen when and where it suits you), would be particularly apposite for a podcast about how to get pupillage. We wanted to try and provide access to the voices of members of pupillage committees, recent pupils, Silks, judges and a range of others so that every listener could benefit, regardless of how many contacts they had. We decided that each episode should focus on a different issue that applicants face: from the basics of writing a CV, to choosing practice areas and types of pupillage, to life on circuit, writing applications and preparing for interviews. 88 2019 Middle Templar

We also found that boat horns floating up from the The Pupillage Podcast aired over the course of a week in Thames, the dainty chiming of the Queen’s Room’s January – via Spotify, Apple Podcasts, SoundCloud and grandfather clock and the serving of pudding in an Mixcloud. At the time of writing, it has had over 6,000 adjacent room all caused Alex, in his headphones, to listens, with listeners from over 50 counties, from Argentina wince and call for a re-take. What Alex also told us, to Kazakhstan, Thailand to Ethiopia. however, was that barristers can talk. He was impressed We have been delighted by the response to the Podcast by the fluency and quality of expression that our guests, but most of all we are thrilled that it seems to be helping one after another, demonstrated in answering our students from all sorts of backgrounds, particularly those questions. So, whilst the tinkling of Middle Temple silver without contacts in the law. One student tweeted: on Middle Temple china at lunchtimes presented an ‘Coming from a family with no lawyers or past editing challenge, the calibre of our contributors made connections with law firms, I’d like to highlight how his job very easy in other respects. important it is for podcasts such as this for students who are keen to plan but don’t have a firm source to follow! After recording concluded there was a short wait, which we 10/10 would recommend!!’ We could not have done endured impatiently, whilst Alex edited the rushes and it without the support of Middle Temple and the composed some theme tunes. He diplomatically removed Membership team. If the podcast has helped a few future ‘umms’ and ‘errs’ and other vocal tics (one of us suffers barristers take their first steps into law, encouraged those from a tendency to say an over-enthusiastic ‘Absolutely’ who might be daunted by the grandeur of the Inn, and which required some tactful editing). saved a few pupillage applicants a little of the horror of applications, it has achieved its goal. Once the first interviews were ready, our own editing work began. It is commonly said by people looking back that if 1. Becoming a Barrister and they had known what they were getting into they would How to Write Your CV never have started. We have little doubt that if we had known what was involved in editing then we would 2. Mini-Pupillages nonetheless have embarked upon the podcast, but 3. The Inns perhaps not with such airy confidence that it would fit 4. Advocacy Experience itself around practice and family life. Looking back, it was 5. Choosing Your Practice Area I: extremely fortunate that the editing period coincided with Christmas (although perhaps our families would not Mixed Civil share this view…). What we had not appreciated (though 6. Choosing Your Practice Areas II: it is of course obvious), is that unlike lever arch files of documents where you can, at a glance, know which parts Crime and Family need to be read carefully or can be safely skimmed, in 7. Choosing Your Pupillage I: order to edit fifteen hours of recorded material, you have to listen to fifteen hours of material – more than once. Life On Circuit There was no time-saving short-cut. 8. Choosing Your Pupillage II: Alex uploaded each guest’s interview into a file given an Chambers or Employed Bar? approximation of what he thought their name was. It had 9. Applications been hugely refreshing for us to have a non-lawyer in the 10. Interviews room who greeted each guest, whether Lord Chief Justice or otherwise, with the same practical irreverence. In the second series of the Pupillage Podcast Equally, we were greatly amused when the 2018 and 2019 Beatrice and Georgina will be asking their guests Treasurers’ interviews were uploaded with the names for their thoughts and advice on topics such as ‘Will Smith’ and ‘Mr Bean’ respectively. Third Sixes, the reality of the Criminal Bar, alternative legal careers, and the future of the Bar First round of editing under our belts, we carried out an – as well as taking a close-up look at some more elaborate cutting and pasting job – selecting segments practice areas. Guests include the Secret Barrister, to go into each episode and frequently finding that Sir Brian Leveson, Lisa Osofsky and a host of junior guests who had been invited to talk about one subject and senior practitioners. had useful insights into something else altogether. We spent much of the Christmas period connected to laptop and headphones and, to our enduring guilt, so did Alex. As the families of busy barristers, our nearest and dearests are well-trained in our unreasonable absences but Alex, we think, felt a lot better once his girlfriend embarked on her annual visit to Australia. Georgina, escaping for some winter sun, was also beset by difficulties with patchy Wi-Fi (the Seychelles probably correctly judging that most guests were concerned with the whiteness of the sand and the coldness of the drinks, rather than the ability of the broadband to stream Benet Brandreth QC on rhetoric). We got there in the end. And the result is something of which we, as Middle Templars, are very proud: The Middle Temple Pupillage Podcast. 2019 Middle Templar 89

BREXIT MASTER IGOR JUDGE Br...exit Extract from an address given in Temple Church on 27 March 2019 Master Judge was Called to the Bar in Taking both together, and taken with 24-hour news, and 1963. He was made a Bencher in 1987. the perceived obligation to fill every minute of each 24 He was President of the Queen’s hours with excitement and stimulation and controversy, Bench Division and then Lord Chief and plenty of individuals happy to join in (usually Justice of England and Wales 2008-13. assertively), the news coverage has become intense and Since 2013 he has been a confrontational. We are becoming inured to intolerance. Distinguished Fellow and Visiting We have forgotten the societal need for moderation, and Professor at the Dickson Poon School tolerance - not dull, insipid, bland moderation - but of Law at King’s College London. tolerance, moderation embraced with passion, He was Treasurer in 2014 Archbishop Fenelon’s ‘white-heat’ moderation. In this ancient church we have for centuries addressed I shall not discuss how I cast my vote on Brexit. However, I the eternal verities. But Brexit is not one of them. like to think that when I voted my position was similar to Brexit is not an eternal verity. that of many people who did not take an absolutist view. I acknowledged that there were arguments both ways, for Next September, as we did last September, whatever the and against remaining and for and against leaving. And outcome, we will mark the end of summer on the last voted accordingly, respecting the views of those who night of the Proms by singing with enormous enthusiasm would, if they had known how I cast my vote, disagreed and fervour, Land of Hope and Glory – notwithstanding with me. some diminution in the Glory – and that the Hope of which we will sing is over focused on aspiration and During the last few months of debate and discussion, too ambition and aggrandisement. Hope deserves rather many on both sides have embraced what I describe as better. absolutist opinions. Adherence to your beliefs and principles is not absolutist. Principles matter: I am not Of course Brexit matters. It raises serious questions. In decrying them. What is absolutist is when you are so whatever form it may take, assuming it happens at all, it preoccupied with your own beliefs that you no longer matters seriously today and it will certainly matter allow for the possibility that there may be another seriously for a while yet, but surely, not quite so sensible, even if misguided view opposite to your own, hyperbolically, if I may invent a new word, not quite so and simultaneously, while blind to that possibility, you magnificatedly. Moreover, the way in which we have been truly believe that you are the only person being exposed to a political shambles, a muddle, and any other reasonable. There has been too much absolutism, and disparaging epithet you may care to use matters just as insufficient moderation. The constant use of intolerant much, indeed if not more, than Brexit itself. language undermines our commitment to free speech. That is bad enough but, worse, the language here has damaged the body politic. These problems started much earlier than this week or last month or even last year. The referendum was a cardinal error, in constitutional terms. The politicians messed about with our constitution. Forgive me for repeating what I have been saying for many months. Your democratic constitution can be based on democracy on the basis of a plebiscite or referendum. It can be based, as ours is, on lots of very small plebiscites which produce an elected representative to Parliament or a similar assembly. You can also have a constitution based on a representative assembly in which a referendum has a carefully defined function within the constitution. These include, the circumstances in which a referendum may be called, the size of majority necessary to effect a change, and the extent to which and the way in which the results of any referendum bind the assembly. Such an arrangement works perfectly well in, for example, Ireland, and recently produced the public decision on abortion. 90 2019 Middle Templar

But what you cannot have is our system of representative verities? Third, is the accretion of increased executive government in which a referendum with no defined power, which in our constitutional arrangements, is being constitutional function is called to enable the leader of vested in the executive with virtually every statute that is the party of government to escape a political problem. enacted. There is no time for me to analyse them all, but That is what Wilson did in 1975. It is what Cameron did into this mix of huge problems, there remains the relatively recently. If the Prime Minister is lucky (Wilson continuing damage, which the Brexit process has inflicted was) it works, but not if the result of the referendum is in on public confidence in our own constitutional and sharp conflict, as here, with the majority views in the political processes. Perhaps, and I certainly hope, we shall House of Commons. Mess about with the constitution, or relearn something of our former ability to respect views debase, or misuse it as a political manoeuvre or for that we do not share. National characteristics do perceived political advantage or to avoid a problem and re-emerge. Today outside Parliament I witnessed it can bite back. What price now for cabinet demonstrations by supporters of the rival positions, and responsibility? Does it make constitutional sense for the they were peaceful, noisy, but peaceful. legislature to take over the business of the executive? If political parties do not regard themselves as bound by T he referendum was an invitation their manifestoes, why should anyone else be bound by to a political circus. Two horses them? And so on. called plebiscite democracy and representative democracy can The referendum was an invitation to a political circus. Two be ridden round the circus ring horses called plebiscite democracy and representative giving the skilled horseman a democracy can be ridden round the circus ring giving the relatively easy ride. skilled horseman a relatively easy ride. Even at the circus both horses must travel in the same direction. If the While putting Brexit into its proper perspective we should horses are travelling in opposite directions even a skilled not overlook two stunning features revealed by the Brexit rider will fall off. It will be a shambles, a laughingstock. processes. The Prime Minister wished to proceed with That is what we have here. With everyone looking for Article 50 without Parliamentary consent. She was taken someone else to blame. to court by one individual. Just one individual and a couple of supporters against the entire government of Our situation since the referendum was exacerbated by the United Kingdom. The judges ruled against the Prime the nature of arguments deployed during the Minister. Ignore the issue of the way some parts of the referendum, which, beyond the usual misinformation, in media criticised the decision; the Prime Minister obeyed my opinion practised by both sides, made the choice the ruling. Indeed, I am sure it did not cross her mind that seem simple when it is complex. Since the referendum, she could disobey it. The individual continued to the language has become more shrill and antagonistic. campaign. The judges continued in office. There are no And divisive. And worse, physically intimidating and proposals to alter the way in which the judiciary is threatening. In my opinion too many absolutist leavers appointed. In many countries that would be remarkable. still overlook that 48% of the voters rejected Brexit. And In this country, we take it for granted when we should too many absolutist remainers provide colourable remember it with pride. excuses for rejecting the views of the majority in the referendum in the hope of preventing Brexit. That has Similarly, no one can doubt that the Prime Minister wants contributed heavily to the shambles. Brexit to be based on her deal. She cannot achieve a majority in Parliament. In Parliament she is personally Even among the many who voted after balancing criticised, occasionally vilified. Nevertheless, in terms of different considerations, we have become more forcible compulsion she can do nothing to put aside her polarised. When you have given a decision careful more vociferous opponents. She cannot rid herself of a thought and worked out where, on balance, you should single one of them. Indeed, she may lose this battle and cast your vote in the referendum it is a normal human it will be the Prime Minister who is forced out of office, to reaction increasingly to resent those who treat your take the lonely walk out of No 10. That may underline decision with contempt. So you defend your decision political weakness in a Prime Minister, but what a with increasing vehemence and reducing tolerance for limitation on the exercise of power. In this country, again, those who disdain it. The most alarming feature of it all we take all this for granted. has been the deepening of profound disillusionment with our political and constitutional processes. Disillusionment I return to Hope. Hope is a bit like moderation, like with democratic processes is a parent of authoritarianism. tolerance. It tends to sound a little bland. Rather dull. Faith attracts passion. People die horrible deaths for As I said at the outset, I do not believe that Brexit is, or is their faiths. Charity, love, also involves passion. Properly concerned with, eternal verities. At the risk of an understood, hope is no less positive and should be allegation of heresy, I have to express my personal embraced with an equal passion. Like toleration, we opinion that five or ten years from now we shall be need it at white heat. Unlike Brexit, Hope is indeed engaged with problems at least as pressing as Brexit. an eternal verity. They are already visible, merely obfuscated by Brexit. One is the competitive economic development of the East. Just one small indication is the advance of China in Africa. Another is the advance of technology (not merely social media). For example, in the not too remote future society will have to address the creation of fatherless and motherless human beings. How shall we address, and with what institutions, shall we address these immense moral problems, which will indeed engage eternal 2019 Middle Templar 91

POLICING AND PRISONS  PETER CLARKE CVO OBE QPM Policing and Prisons Peter Clarke CVO OBE QPM – Guest Speaker at Choral Evensong for Prisons week 10 October 2018 Peter Clarke CVO OBE QPM retired However, I’m pretty sure I would never have said that it from the Metropolitan Police in 2008. would be a good idea to hold people in conditions that He then held various roles in the public, would almost certainly guarantee they would emerge from private and academic sectors until his prison more angry, more embittered, more violent, better appointment as HM Chief Inspector schooled in the ways of crime, and more ravaged by drugs of Prisons in 2016 than if they had never been sent to prison in the first place. 10 October is a day that has a special significance for me. Nor did I ever imagine that 41 years later I would be 41 years ago, to this very day, I first walked through the gates inspecting prisons and reporting, publicly and sometimes of the Hendon Police Training School. With me I took a in very stark terms, but I hope in strict accordance with my cardboard suitcase, a pretty average law degree and a total statutory remit, that because of the treatment and ignorance as to what the next 30 years would hold for me. conditions experienced by prisoners, all too often prisons Nevertheless, I was optimistic and full of hope. And, if I have are failing in one of their primary purposes – that of a theme, it is of the need for hope in our prisons. Hope for protecting the public. prisoners that they will at least have the opportunity to turn their lives around. Hope for staff that they can achieve more After so many years working in law enforcement, in the inner than simply keeping the lid on a bubbling pot of despair city, in international drug dealing, in security and in counter and disorder. Hope that they can achieve what so many terrorism, I didn’t approach the role of Chief Inspector of joined the prison service to achieve – to make a real and Prisons as a dewy-eyed optimist. I was not, and am not positive difference to the lives of prisoners. labouring under any illusion that some of the most difficult, dangerous and challenging people in our society will As it turned out, having gone through the gates of Hendon emerge at the end of sentences full of remorse; contrite and I spent much of those 30 years doing my very best to put eager to repay their debt to society. people into prison. Nevertheless, I have always believed that prison should be a If asked why I thought it was a worthwhile thing to be doing, place where those who need to be there should be held I suppose I might have said something about protecting the safely, they should be held securely, and they should be held public, or enforcing the law, or something like that. I in decent conditions. Those who wish to do so should have suppose I might have said something to the effect that at the opportunity to mend their ways, learn new skills and least if criminals were behind bars they wouldn’t be attitudes, and those who don’t wish to do so should at least committing more crimes and creating more victims. have some encouragement or incentive to change. Sadly, my experience over the past three years has been that all too often our prisons are failing in these basic aspirations. I have seen many prisoners who wish to change, who want to gain new skills, to be better equipped to play a useful role in the community when they are released, but who are currently denied the opportunity to do so. When the state chooses to take away a person’s liberty, it also accepts the incredibly serious responsibility for every part of that person’s life. We all, in our lives, however difficult or challenging, need hope. Prisoners more than most. Allowing them hope should be part of the state’s responsibility. But what I have seen is that too often, far from giving hope, prisons are taking it away. Some ask – does this matter? Why should we care, it is sometimes said, as to whether prisoners can have hope for their futures or not? All too often they have removed hope from their victims, so why should they have any? Quite apart from the moral and ethical dimension of how we should treat fellow human beings, there is a very pragmatic reason why we should not extinguish hope in our jails. 92 2019 Middle Templar

It is because the things that snuff out hope in jails make it far allow them to get to training, education or employment – so more likely that prisoners will re-offend after their release. they are left locked in their cells and the circle is complete. Breaking into that circle and re-injecting hope is vital. I firmly believe there is an overriding public interest in But how is that to be done? What can give hope? holding prisoners in conditions that make it less likely they will commit more crimes. Throughout my years of trying to First, prisons above all are about people. Those who are gather evidence that would put people into jail, I never did held there and those who work there. In the past few years so with the intention that they should be held in squalid the numbers of staff dropped below the level at which conditions, should live in fear of their fellow prisoners, they could offer decent, purposeful detention. Staff should be locked in their cells for 23 hours or more every numbers are now rising again. What I find really day, have little or no access to any purposeful activity, should encouraging is that enlightened governors see their new come out of prison with a drug habit they didn’t have when staff not as an inexperienced liability but as a huge they went in. opportunity. An opportunity to get prisoners out of their cells, an opportunity to develop personal relationships, At the moment, too often, this is precisely what happens. and to make jails safer. The extraordinarily high re-offending rates speak for themselves. Achieving the right balance between prisoner and staff numbers is vital. As Chief Inspector I don’t take a position on So, what specifically is it about life in our prisons that has how many people should be in prison – that is a matter for taken away hope? policymakers – I just say that the balance between staff and prisoner numbers must be such as to allow for decent, Quite simply, too often we are holding people in conditions purposeful detention. that are indecent and degrading. Two or more people being held in tiny cells designed for one. Those cells, usually Second, living conditions need to be improved, and the locked for much if not all the day, serve as the bedroom, squalor we see all too often done away with. This will take lavatory and dining room for their occupants. I shall not time, but there is a growing realisation that degrading describe in detail some of the more grotesque things I have conditions are neither sensible nor inevitable. seen in jails, but my recent letter to the Secretary of State invoking the so-called Urgent Notification protocol at Third, the large number of prisoners suffering from one form Bedford prison, which described an inmate luring rats into or another of mental illness need to receive proper care – his cell before killing them, actually during the course of an very often not available in a prison. To be blunt, many inspection, gives a flavour. I am very aware of the irony that should not be in prison at all – but the lack of alternatives Bedford prison was where John Howard started out on his has often left the courts with little or no choice. journey of prison reform nearly 250 years ago. I fear he would have been as appalled as I was by what I saw there Fourth, we need to find a way of providing appropriate last month. security and proper care for the rapidly growing population of older prisoners. Sometimes as a cause of despair and sometimes as an effect of it, drugs are dominating life in many jails. They Fifth, we must harness the goodwill, dedication and cause debt, bullying and violence. They are directly linked extraordinary generosity of spirit not only of prison staff to dozens of deaths, suicides and cases of self-harm. At the but of the voluntary sector. The levels of commitment, care, prison I inspected last week, nearly a third of prisoners we courtesy and compassion that I see in prisons is often surveyed said they had acquired a drug habit since entering truly humbling. It is people who can forge the type of the jail. This, sadly, is far from unique. relationships that too many prisoners have never enjoyed. Many have never experienced another human being caring The violence means prisoners and staff alike live in fear. for them. It is people who can bring hope back to so many Some prisoners refuse to come out of their cells, and staff who thought they had none. shortages mean that very often they can’t be unlocked. They can’t get to education, training or work, and so the So, if 41 years ago today I was optimistic about policing, chance to reform or rehabilitate is lost. today I am very, very cautiously optimistic about our prisons. Of course, there is much that is terribly wrong. Not all of our I often see what feels like a vicious circle of despair. Totally prisons are or have been in crisis. But many are still in a very unreasonable lengths of time locked in cells give rise to dark place. I have seen things that I never thought I would frustration, boredom and anger. In response, prisoners often see in institutions being run by the government for the turn to drugs – sometimes referred to as the ‘bird killer’. public benefit. But I can just begin to see some shafts of The drugs in turn give rise to debt, bullying and violence. light at the end of what has been a long, dark tunnel. Prisoners are then too afraid, or the wings too unsafe to There is hope, I am sure. And I hope I am right. 2019 Middle Templar 93

TO QC OR TO NOT QC MASTER GRAHAM ZELLICK To Not or to Master Zellick was Called to the Bar concept of implied revocation. Take the example of a in 1992. Previously he was Chairman High Court judge who is promoted to the Court of of the Criminal Cases Review Appeal. Can there be any doubt that the Letters Patent Commission; President of the appointing the new Lord Justice supersede and impliedly Valuation Tribunal for England, Editor revoke those earlier of appointment to the High Court? of Public Law and founding Editor of Likewise, when a Lord Justice of Appeal is appointed European Human Rights Reports. He head of one of the Divisions of the High Court both the was also Principal of Queen Mary and office and title of Lord Justice are lost. Suppose a Westfield College and Vice- member of the Court of Appeal wished to return to being Chancellor of the University of a trial judge in the High Court. That person would have to London; and Electoral Commissioner. secure a new appointment as a High Court judge, and Emeritus Professor of Law, University new Letters Patent would be required. This example from of London; Hon Fellow of Gonville & my own experience illustrates the point. Letters Patent Caius College, Cambridge. He was reappointing me a member of the Investigatory Powers made a Bencher in 2001 and was Lent Tribunal under the relevant legislation provide that the Reader in 2013. appointment is for five years, after which the appointment will automatically expire. If a member were to resign, the In this article, I consider the post-nominals ‘QC’ for High member ‘may be relieved of office by Her Majesty’. Court, Court of Appeal and Supreme Court judges. Nearly all judges of these courts are Silks when first As a matter of law, it is immaterial how this is done. In all appointed. Yet they do not append the letters QC to cases the original Letters Patent would have been their names and it is extremely rare, and widely brought to an end. The Letters Patent for a High Court considered to be incorrect, for them to do so even after judge are less explicit, making no reference to any statute retirement. By contrast, Circuit Judges continue to enjoy and stating that the office shall be held ‘so long as he the designation both in connection with their judicial title shall well behave himself therein’. Thus, there will be and following retirement. How can this difference in circumstances when the Letters Patent will be practice be explained? automatically revoked, cancelled, or will lapse. Whether in any situation the Crown Office prepares new Letters QCs and judges of the High Court and above are Patent to effect the revocation or executes any other appointed by Letters Patent; Circuit Judges are legal instrument is purely a matter of custom and practice appointed by Warrant under the Royal Sign Manual. All and not required by law. In other cases, where an office or judicial offices are statutory; QCs are appointed under status is being removed, then a formal process of prerogative powers. The traditional explanation for the revocation or annulment will be necessary. Since no position regarding judges of the High Court and above is formal steps are taken on appointment to the High Court that the Letters Patent appointing them one of Her Bench to rescind the Letters Patent as a Silk, why can the Majesty’s Justices supersede those which appointed status of QC not co-exist with appointment as a High them one of Her Majesty’s Counsel. Court judge? It is true that judicial office is a one-way ticket and High Court judges cannot return to practice, The case of the late Peter Curry QC is instructive. Curry but that is not relevant. Appointment as a QC is not an took Silk in 1966 but decided to leave the Bar and was office and involves no duties. It is not dependent on admitted a solicitor. At that time, it was not permissible to practice as a lawyer and goes with its holder into any be both a barrister and a solicitor and so he had to disbar other occupation or retirement. Thus, it is difficult to see himself. On ceasing to be a barrister he could no longer any incompatibility with a judgeship or any basis for be a QC and his appointment was therefore revoked by implied revocation. If a judge can be both judge and new Letters Patent. He then decided to return to the Bar, retain the qualification of barrister, so a judge can be and was duly Called, but was no longer a QC. He asked both judge and QC. Lord Chancellor Gardiner if he could resume his Silk gown but was informed that he would have to reapply. Circuit Judges were created by the Courts Act 1971 and He remained a junior for three years until appointed by are appointed by the Crown by warrant. It could be Lord Chancellor Hailsham. He is thus rightly described as argued that, as there are no fresh Letters Patent, the the only person to have taken Silk twice (in the same earlier appointment by Letters Patent cannot be jurisdiction). However, there must also be room for the 94 2019 Middle Templar

superseded or impliedly revoked. A Circuit Judge’s status to permit the practice. In other words, a pragmatic as QC therefore subsists. However, Circuit Judges are solution was adopted or emerged, doubtless dictated by also described as ‘Her Majesty’s Judges’ — witness their a desire to satisfy appointees who would otherwise lose a representative body, the Council of Her Majesty’s Circuit much-prized professional distinction without acquiring Judges — so if it is true that office as one of Her Majesty’s the High Court judge’s knighthood. Therefore, it is judges is incompatible with office as one of Her Majesty’s possible to be one of Her Majesty’s judges while Counsel, why is it that Circuit Judges are allowed to remaining one of Her Counsel. Why should this have retain the designation? come about? The answers lie in history and evolution.  He is thus rightly described The Bench were drawn from the Bar and had senior as the only person to status. Appointment was for life or until permitted to have taken Silk twice retire on grounds of infirmity or age. They had no need to (in the same jurisdiction). distinguish themselves from one another and there was no question of further legal work on stepping down from The Circuit Bench was designed to have a higher status the Bench. The position is now different. The mandatory than the County Court Bench, which it superseded. retirement age of 70 means that many retired judges wish County Court judges were first appointed under the to continue their legal work in other capacities. A few County Courts Act 1846, by the Lord Chancellor rather already display the letters QC after their names, but the than by Letters Patent or the Crown. All existing County majority do not. It is not known whether this is because Court Judges became Circuit Judges under the Courts they believe they are no longer entitled to do so, or wish Act and a number of new appointments were made as by not doing so to indicate that they have held high permanent judges of the newly created Crown Court. judicial office and are not merely Silks at the Bar. I suggest Appointment by the Crown rather than the Lord that there is a presumption that an honour, distinction or Chancellor was intended to enhance their status, but it appointment granted by the Crown should not, without stopped short of conferring knighthoods as with High compelling justification, be denied or suppressed by Court judges. ‘Many retired judges wish to continue their social or professional custom or practice. With a small but legal work in other capacities’- although no records can growing number of High Court judges recruited from be found that shed light on the point, it is clear that those outside the ranks of QC, however, the judicial leadership Circuit Judges who were in Silk were allowed to continue may resist this lest it create the appearance of a two-tier to use the status. It is thought by some that there were High Court judiciary. It is not immediately apparent why actual discussions with the Lord Chancellor’s Department this should arise in the case of the High Court but not the Circuit Bench, unless it can be maintained that the High Court constitutes a more collegial body. Eschewing the post-nominal QC may only be convention, but it is a strong one which would be difficult to break without the support or acquiescence of the Lord Chief Justice and other senior judges. Whether or not it is a compelling justification, that support or acquiescence is unlikely to be forthcoming. This article has been edited from an article that appeared in Counsel Magazine on 27 July 2018. 2019 Middle Templar 95

COERCIVE CONTROL SOPHIE KAY Sally Challen and Coercive Control Sophie Kay was Called to the Bar in The fresh evidence included expert evidence by Professor 2016 and was a Jules Thorn Scholar. Evan Stark, an American academic, whose work helped She is a pupil barrister and practising shape the creation of section 76 of the Serious Crime Act in regulatory and criminal law. A 2015. Other experts who gave evidence include member of the Attorney General’s psychiatrists, Dr Tim Exworthy and Dr Adshead. Junior Scheme of Counsel and an Accredited Mediator. Prior to Sally’s defence team argued that, had the jury had the pupillage, Sophie worked at the benefit of the evidence of the coercive controlling Ministry of Justice in the Offender behaviour which she suffered, coupled with an academic Reform & Commissioning Group, understanding of the theory and dynamic of coercive where she drafted answers on behalf control, then the jury would have arrived at a different of the Secretary of State for Justice conclusion. It was therefore argued that Sally should have and Justice Ministers to Parliamentary been convicted of manslaughter, rather than murder. Questions. She also prepared them for briefings and the Transforming In essence, Sally’s appeal was on the basis that the Rehabilitation Inquiry. coercive and controlling abuse which she suffered from should be considered as a part of the diminished The high-profile case of Richard Challen’s killing by his responsibility defence. Nevertheless, the fact that this was wife Georgina Challen, known as Sally, returned to the a premediated murder was undoubtedly a relevant factor Court of Appeal in February 2019 for a further appeal. to take in account, since this was not an impulsive act. Prior to her trial, Sally pleaded guilty to manslaughter on the grounds of diminished responsibility. This was not  A retrial was ordered in light accepted by the Crown. On 23 June 2011, Sally was of fresh evidence that Sally convicted of his murder through 20 or more blows from a suffered from two mental hammer, after making him a meal at their family home. disorders at the time of the Initially, she was sentenced to life imprisonment, with a killing. It was accordingly minimum of 22 years in custody. She previously held that her murder challenged this sentence, which was reduced to 18 years conviction was unsafe. on appeal. The Judgment and Jurisprudence However, this landmark appeal brought by Justice for Women on Sally’s behalf sought to challenge her murder On 28 February 2019, legal history was made when Sally conviction by reducing it to manslaughter. The grounds won her appeal. Lady Justice Hallett, who sat with Mr of appeal were submitted on the basis of fresh psychiatric Justice Sweeney and Mrs Justice Cheema-Grubb, evidence which was not available at her trial. This is in quashed her conviction. A retrial was ordered in light of light of the enactment of the Serious Crime Act 2015 fresh evidence that Sally suffered from two mental which created a new offence under section 76 of disorders at the time of the killing. It was accordingly held controlling or coercive behaviour in an intimate or that her murder conviction was unsafe. This arguably family relationship. marks the biggest shift in homicide jurisprudence since the 1990s, where the idea of ‘slow burn provocation’ and Notably, the offence does not have retrospective effect. the notion of battered woman syndrome was formally This means that charges cannot be brought regarding recognised, giving rise to a potential defence. behaviour which occurred before the date the Act came into force. Despite this, Sally sought to rely on this In R v Ahluwalia [1993] 96 Cr App R 133, the defendant legislation to provide a framework to explain the lead up suffered from physical violence and abuse from her to her actions and the history of provocation. She argued husband (who also had an affair) for several years that she suffered from decades of coercive and controlling throughout their marriage. behaviour during the course of her marriage, where her husband also had numerous extramarital affairs. Coercive control is designed to isolate and dominate victims to such an extent that they do not seek help from other family members, friends, or organisations. Importantly, Parliament intentionally did not include an exhaustive list of coercive and controlling behaviours within the legislation in order to avoid limiting the scope of behaviours. 96 2019 Middle Templar

She set fire to her husband’s bedroom whilst he was This case potentially sheds light on whether coercive asleep. He died days later from his injuries. At trial, she control should be a mitigating factor for sentencing of pleaded manslaughter on the basis that she had no homicide and other violent offences. Perhaps being a intention of killing her husband; she only intended to victim of coercive and controlling behaviour will be inflict pain. The trial judge gave the jury a direction that viewed as provocation, akin to how physical violence is provocation was also an available defence in light of considered. Perhaps the Sentencing Council’s the abuse she suffered. Despite this, she was convicted Overarching principles – Domestic Violence: Definitive of murder. Guideline, which was only introduced in 2018 - is ripe for amendment. On appeal, it was held that the classic definition of provocation as ‘a sudden and temporary loss of control’, Undeniably, this appeal has been a watershed moment in as first established in R v Duffy [1949] 1 All E.R 932, was the history of domestic violence, outlining the nexus good law. Therefore, the trial judge was correct to give between murder and coercive control, and has serious the Duffy direction. However, since the killing was a ramifications for future cases. Nevertheless, the very fact ‘slowburn’ reaction to the sustained domestic abuse that a retrial was initially ordered signifies that the legal which she endured, there was no immediate loss of landscape in this area is wide open for development. self-control. Further, it was held that a medical report which confirmed that the defendant suffered from severe depression at the time of the killing was overlooked. The appeal was allowed and a retrial ordered. Likewise, R v Thornton (No.2) [1996] 1 WLR 1174, further reaffirmed battered woman syndrome. Clearly, there are interesting parallels to draw between this established body of case law and Sally Challen’s case. It should be noted that reporting restrictions were initially imposed at the judgment. However, prior to the imposition of these restrictions, there was widespread media coverage of this appeal, along with Sally’s trial and her first sentence appeal. In light of this, the case was firmly in the public consciousness. It was therefore debatable whether a new jury could be impartial. Nevertheless, following the quashing of the conviction, the Crown Prosecution Service reviewed the case by directing Dr Philip Joseph to review all of the medical evidence. Although the appeal judgment ruled that coercive control is not a original plea of manslaughter, perhaps unsurprisingly, the Crown Prosecution Service decided that the defence of diminished responsibility would likely succeed at retrial, and there was no longer a realistic prospect of conviction for the charge of murder. Sally’s original plea to manslaughter was accepted, and the Court of Appeal ordered that there would be no retrial. Sally was sentenced to 9 years and 4 months imprisonment for manslaughter. This was deemed as time served, having spent just short of 10 years in prison. Had the retrial gone ahead, it would have been interesting to see whether abuse of process would have been raised because it could be difficult to find a jury which would be unaware of these proceedings. However, such an argument would unlikely succeed following R v Abu Hamza [2006] 11ECA Crim 2018. It was held that a fair trial is not impossible where there has been extensive publicity. Likewise, despite widespread publicity, it was still possible to have a fair trial in the prosecution of Thomas Mair who killed the MP, Jo Cox. 2019 Middle Templar 97

NON-DISCLOSURE AGREEMENTS ADAM SPEKER What Information Should The Law Protect as Secret? …and how it should do so? The leading modern authority on how to strike the balance is HRH Prince of Wales v Associated Newspapers Adam Speker was Called to the [2008] Ch 57 where the Court of Appeal held that an Bar in 1999. He is a member of injunction should be granted to prohibit publication of 5RB and specialises in defamation, extracts of the diaries of the Prince of Wales leaked to a privacy, media law and harassment. journalist by one of his employees. The Court of Appeal He acted for the defendants traced the development in English law in cases where in Thompson v James & disclosure of information in breach of confidence is met Carmarthenshire County Council by a public interest defence. They explained that the and the Claimants in Cheshire courts had moved from the so-called ‘iniquity’ rule, West & Chester Council v Pickthall. through to where it might be ‘vital’ in the public interest to publish, to the present day where the test is one of In the modern world of the #metoo movement and proportionality, not simply whether the information is in scandals such as those involving Harvey Weinstein and the public interest, but whether in all the circumstances it Sir Philip Green, this question has become particularly is in the public interest that the duty of confidence should acute. Should those who have waived their rights to be breached. freedom of expression by contract nonetheless be allowed to change their minds and tell the world of However, whilst the test on when information could be their experiences? disclosed was re-phrased, the Court of Appeal also said that it adhered to the view of an earlier Court of Appeal According to the Law Society Gazette of 3 April 2019, in Campbell v Frisbee [2002] EWCA Civ 1374 that it was there have been 13 investigations relating to arguable that a duty of confidence expressly assumed non-disclosure agreements (NDAs) that have started under contract carries more weight when balanced since the Solicitors Regulatory Authority published, in against the restriction of the right to freedom of March 2018, a warning notice to solicitors handling these expression. So a contract and its terms mattered and agreements. One solicitor to date is to face a Solicitors generally strengthened the privacy rights in play. Disciplinary Tribunal hearing. The warning notice stated that whilst NDAs are widely used to protect commercial There was a brief moment, shortly after the Human Rights interests, confidentiality and in some cases reputation, Act came into force, when the Court of Appeal in London they should not be used to prevent people reporting Regional Transport v Mayor of London [2003] EMLR 88 wrongdoing to relevant authorities and drafting contracts held that an apparent breach of a contractual duty of that go too far could amount to professional misconduct. confidence was not more serious than breach of an equitable duty. However, the view expressed in the Prince In their June 2019 report entitled ‘The use of non- of Wales’s case has since largely prevailed. disclosure agreements in discrimination cases’, the House of Commons Women and Equalities Committee In Mionis v Democratic Press SA [2018] QB 662, the called upon the government to ensure that NDAs cannot parties settled a libel action on the confidential basis that prevent legitimate discussion of allegations of unlawful the claimant, a hugely rich businessman who had been discrimination or harassment; to require such contracts named on the Lagarde List of those suspected of moving to be in plain English; and to strengthen corporate money to Switzerland to avoid tax (which he denied) governance requirements to require employers to protect agreed to a settlement whereby he received no damages those they employ from discrimination and harassment. or costs but was instead allowed to publish an article, the truth of which was warranted by him and, importantly, In the context of breach of confidence and its progeny, received a contractual undertaking that the defendants, the tort of misuse of private information, the courts a newspaper, its editor and two journalists, would not have tended to uphold confidentiality contracts refer to him or his family again, save in certain very where individuals have waived their rights to limited circumstances. freedom of expression. When the defendants made indirect references to him in two articles, he applied to the court to convert the contractual undertaking into an injunction. Eady J refused the application and declared the contract void. The Judge was concerned that the parties had not intended to restrict by contract the defendant’s right to publish legitimate public interest speech to the extent argued for by the claimant. 98 2019 Middle Templar