The Middle Templar 2020

2020



ISSUE 60 2020 2020 CONTACTS TREASURER General Enquiries The Rt Hon. Sir Brian Leveson The Treasury Office DEPUTY TREASURER Ashley Building Andrew Hochhauser QC Middle Temple Lane LENT READER London Sir Christopher Greenwood GBE CMG QC EC4Y 9BT AUTUMN READER T: 020 7427 4800 His Honour Clement Goldstone QC F: 020 7427 4801 EDITORS Colin Davidson Archive Oliver Muncey T: 020 7427 5791 EDITORIAL CONSULTANT E: [email protected] Adam Speker PHOTOGRAPHS Education Chris Christodoulou T: 020 7427 4800 DESIGN E: [email protected] HTDL 78 York St, Marylebone, Estates London  W1H 1DP T: 020 7427 4840 E: [email protected] SOCIAL MEDIA Events / Catering Twitter: T: 020 7427 4820 @middletemple @middletemple1 E: [email protected] Facebook: Finance The Honourable Society of the Middle Temple T: 020 7427 4800 Middle Temple Venue Hire E: [email protected] LinkedIn: Library The Honourable Society of the Middle Temple T: 020 7427 4830 E: [email protected] Instagram: @middle_temple Membership T: 020 7427 6385 Pinterest: E: [email protected] Middle Temple Security (24 Hours) T: 020 7797 7768 E: [email protected] Temple Church T: 020 7353 8559 E: [email protected] 2020 Middle Templar

Contents 4 Under Treasurers’ Forewords 38 Amity Visit to Canada Guy Perricone and Mrs Victoria Wallace, DL Master David Bean 6 From the Treasurer 40 Reflections on a Declaration of Friendship Master Brian Leveson Scott Maidment 8 BAME and the Bar 42 Business as Usual at the European Court Merlene George of Justice Pending Brexit Georgina Rea 9 Black Lives Matter Emma Hughes 44 Cross Border Practice in Europe and Brexit Master Hugh Mercer 10 Racial Equality, Inclusion and Anti-Racism Working Group 45 Mind the Gap: The General Adjourned Period and the Coronavirus Pandemic in Hong Kong 11 Equality and Diversity at the Bar Council Catrina Lam and Cordelia Yeung Sam Mercer 46 Access to Justice during the Coronavirus 12 Speech at the Inauguration of Pandemic: The Malaysian Experience the Middle Temple LGBTQ+ Forum Justice Nallini Pathmanathan Simon Rowbotham 48 The Mauritius Middle Temple Association (MMTA) 15 The Spanish Influenza Pandemic Ibrahim Deeljoor Victoria Hildreth 48 Legal Life in Singapore in Light of the Pandemic 16 A Potted History of the Office Meiyen Tan of the Under Treasurer Barnaby Bryan 49 An Increased Use of Technology in Gibraltar's Legal System 18 Readers of the Temple: From the Aidan Cleverly 16th to the 19th Century Master Mark Hatcher 50 Working in the Seychelles Steven Powles QC 21 A Personal Collection of 15th Century Documents 51 Circuit Societies Master Igor Judge 54 Celebrating a Century of Women in Law 25 Lord Carson of Duncairn: Barrister, Baroness Brenda Hale Statesman and Judge Master Timothy Saloman 56 100 Years Since Helena Normanton's First Qualifying Session 28 Unshaken & Unshakeable Camila Ferraro Master John Mitchell 57 MTYBA & MTSA International Women's Day 30 The Ceremonial Plate of the Middle Temple Emma Hughes Master John Leslie 58 The Rule of Law Under Attack 31 Justiciability – A Forgotten Saga Salmaan Hassanally Master David Blunt 60 Créme de la Créme Climbing Rose 33 Book Review: Simon Brown's Memoirs by the Master Rosalind Wright The Rt Hon The Lord Brown Master Andrew Longmore 61 MTYBA Dark Waters Event Hayley Blundell 34 Book Review: The Postcard Murder: A Judge's Tale by His Honour Paul Worsley QC 62 Education Update Master Peter Murphy 63 Mooting Trip to Cherokee 36 Book Review: Court Number One: Thomas Saunders & Thomas Mallon The Old Bailey Trials that Defined Modern 66 Mock Pupillage Interviews Britain by Thomas Grant 68 Volunteering at Call Day Master Andrew Edis Master Elaine Banton 37 Book Review: Equal Justice by 70 Outreach Frederick Wilmot-Smith Master John Dyson Richard Frost 71 Sherrard Conversations Laurence Harris 2 2020 Middle Templar

72 Advocacy at the Inn 109 Temple Church Choir Summer Review 74 Five Perspectives on Sponsorship Roger Sayer 76 The Role of an Inn of Court 110 Temple Church During Lockdown Christa Richmond Master Robin Griffith-Jones 77 Qualifying Sessions 112 Valedictory: The Rt Hon. Lord Carnwath Aisha Rehman Master Robert Carnwath 78 My Journey to the Bar and Becoming 114 Behind the Lens the First Kurdish Iraqi Barrister Chris Christodoulou Zerian Karim 79 Turning the Tide against Corruption in the Congo 117 What Have the Bar Council and the Inn Gabrielle Compton Ever Done for Me? 80 Troubled Journeys on the Path to Justice Master Louise McCullough Joshua Jackson 81 The ICCA Bar Course 118 Survive and Thrive Programme Lynda Gibbs QC (Hon) Michael Harwood 82 The Inns of Court Camila Ferraro 118 Ashley Building Common Room 83 In the Shoes of an Out of London Student Ian Garwood Rachel Ker Chi Ng 84 Student Life at the Inn 119 Temple Residents' Association Rachael Pope Master Fergus Randolph 85 Don’t Let Commercial Awareness be a Bar to Success 120 The COIC Pupillage Matched Funded Scheme Connor Boland 121 Hall Committee 86 How Middle Temple Helped Me Amy Hutchings Karen Reid 87 Scholarships Awarded 2020 122 Middle Temple Young Barristers' Association 88 Confronting the Challenges Presented Michael Polak by the Covid-19 Pandemic 124 Middle Temple Students' Association Master Andrew Hochhauser Camila Ferraro 90 A Day in the Country in Lockdown 125 New Masters of the Bench 2019-20 Master Paul Worsley 128 New Staff and Leavers 92 Impeachment of a U.S. President 130 Obituaries and In Memoriam Master James Silkenat 141 Temple Church Special Services 94 Levelling the Playing Field 143 Temple Church Weddings Master Graeme Mew 144 Middle Temple Calendar 96 You have the Right to Remain Unidentified Adam Speker QC 98 The Divorce Blame Game is Nearly Over Sophie Kay 100 Talk to Spot Rachel Krys 101 Becoming a Barrister 104 Autumn Reader's Feast: Current Challenges in the Criminal Justice System Master Usha Karu 106 Lent Reader’s Feast: The Highways, Byways and Blind Alleys of International Law Master Christopher Greenwood 2020 Middle Templar 3

OUTGOING UNDER TREASURER A Foreword by the Outgoing Under Treasurer Guy Perricone A very warm welcome to this year’s edition of The Middle Templar. Each year, when I have begun to write this Foreword, directly through our own hardship fund and through I have reflected on how extraordinary the previous 12 channels such as the Barristers’ Benevolent Association. months have been. There truly is never a ‘normal’ year We are under no illusion that this is an existential crisis for at the Middle Temple. However, on this occasion, it is no many in the profession. We will continue to do our best exaggeration to say that the last few months have been to support the Bar through these extremely challenging the most extraordinary not just for our Inn, but for the times, while also trying to safeguard the interests of future country and indeed for the world. The Covid-19 outbreak barristers. has affected us all in ways no one could have possibly anticipated. And so, I am writing this Foreword not, as On a personal level, the current predicament is all the usual, from my desk at the Inn, but from my home in more surreal for me, as by the time you read this I will have West Sussex, where I have been based since the Inn shut stepped down as Under Treasurer, and handed over to my down in mid-March. At that time, I thought we would be successor, Victoria Wallace. When I informed the Inn of my back in action reasonably quickly, but as the weeks have decision at the beginning of this year, I could have hardly progressed it has become clear that we are in this for the imagined that my final days would play out in the way they long haul. have. I am sorry not to be able to hand over to Victoria as we had planned but I would like to offer her my very best ‘When the going gets tough, the tough get going’ – we wishes in her new role. I have no doubt that she will excel are all aware of that old saying, and, with those words and enjoy it immensely. in mind, I would like to pay tribute to the way in which colleagues and supporters have responded to this crisis. Even if I am now only part of the Inn’s history, I must end They were required to close down our operations with very by expressing my enormous thanks to the Middle Temple little notice. After the initial shock, they have worked hard for giving me the opportunity to serve as Under Treasurer to develop an effective modus operandi for the Inn during since 2013. It has been a huge privilege and pleasure to this challenging and unpredictable period, to ensure do so. By far the most enjoyable aspect of the role has that we can continue to support our members. We have been working with such a varied and wonderful range been able to migrate many of our education, training and of people: Benchers, members, students and, of course, membership activities online – so successfully, that we can my colleagues. I have been so fortunate to work with already see that there will be many lessons learnt from this nine exceptional Treasurers in Masters Symons, Judge, period which will continue after the crisis, and which will Hockman, Clarke, Dyson, Jenkins, Wilmot-Smith, Bean and better enable us to fulfil our primary strategic objective Leveson. It has been a pleasure to work with each of them of supporting our members throughout their professional and I am very grateful for all their support. careers. In this regard, I would also like to pay tribute to our Treasurer, Master Brian Leveson, who, I suggest, has Finally, I cannot leave without offering my sincerest thanks been handed the most challenging responsibility of any to my colleagues – to my fellow directors Ian Garwood, Treasurer in recent years; leading the Inn through this Colin Davidson, Christa Richmond and Andrew Hopkin, extraordinary time. and to each and every member of the team. It may sound trite to say that we are a family but there is a very special We have been acutely aware from the beginning of the ethos and atmosphere in the Middle Temple which really is crisis that it would cause real financial hardship for many unique. This has been such a rewarding aspect of my time of our members. We have been working closely with the here and I am immensely grateful to all my colleagues for other Inn’s and other parties, such as the Bar Council, to do their support over the years. It only remains for me to thank what we can to relieve some of the pressures being felt by you all once again for allowing me this great privilege and the profession. Despite the perception held by some, our to wish you, and the Middle Temple, every success in the resources are not limitless, but we are providing support future. 4 2020 Middle Templar

INCOMING UNDER TREASURER A Foreword by the Incoming Under Treasurer Mrs Victoria Wallace, DL I am delighted to have joined the Inn as its new Under and I learned how hard it is for both prosecutors and Treasurer. But at this strange time, after months of working defence to progress cases, with lamentable rates of pay from home, I hope there will be slightly more to it than for the work. As yet more restructuring of the courts just coming downstairs and lifting the lid of a different was announced, I made the move to become CEO of laptop. The job I have taken on is rather different to the Leeds Castle in Kent. It is a stunning place, but it is an one advertised back in February. The way I will have to unsubsidised charity, with no endowment. I learned about learn the ropes will be very different. I had hoped to be generating income; maintaining crumbling medieval able to meet as many people as possible and talk to them; stonework; about the value of brand and quality; and I I would have assumed that would be over lunch in Hall, had a marvellous ten years, running everything from full or perhaps in the garden. Instead, for a while, I will have metal jousts to the Northern Ireland Peace Talks. In 2014 to do that via Zoom, but I still hope to hear as much as I moved to the Commonwealth War Graves Commission; I can about everyone’s priorities, both for the hoped-for a rare opportunity to work to make commemoration of immediate return to work and for the longer term. The Inn our war dead more accessible to new generations during has endured plague, fire, the Blitz, and still risen again. I the centenary of the First World War, and start a massive am looking forward to being part of the new resurgence, conservation programme for the 4,500 built structures, dealing with a new normal that few wise people would cemeteries and memorials, around the world, many care to predict right now. I hope what I will bring now is designed by the same architect, Sir Edward Maufe, as the flexibility, resilience, empathy and enthusiasm. Sadly, unlike Middle Temple’s newer buildings. John Bayliff, who served as Under Treasurer during the Civil War, I will not be able to bankroll it, even if you did I look forward to joining the community of the Middle repay me through the sale of the silver. Temple and finding ways to support members of the profession from their first steps in training, right through I suppose if we were meeting over lunch, I would tell you their careers, as they come to lead the Benchers and life at a bit about myself. As a keen linguist I studied English and the Inn. The staff who have worked through the crisis have French Laws at Exeter University, and found I was not very done a magnificent job at pivoting to working remotely, good at either. So, I joined the Foreign & Commonwealth except for the few security personnel and Kate the Office (FCO). After postings in Thailand (spending a lot of gardener who have cared for the Inn in our absence, and time in court, bailing out distressed Brits) and Tanzania, the library team under Renae who have created a virtual where I met my husband, I found my true vocation – service and prepared for the Ashley Building development. managing things. I discovered that managing the money The HR, Membership and Finance teams have kept the brought me far more power than evolving the policy. It was show on the road; the Education team have found great interesting to work out how to maintain a little palazzo in new ways to engage through technology; and the Estates Venice, a gothic monster of a consulate in Istanbul, and team responded to the needs of tenants, kept us safe, build a new embassy in Moscow (with as little ‘help’ from and got on with project work. Over half of the staff have the local authorities as possible). contributed by agreeing to be furloughed, which has helped conserve the Inn’s resources. Each one has risen to With those new skills, I abandoned the FCO and became the demands of this extraordinary situation and are all now one of the first non-legally qualified Justices’ Chief keen to get back to work. Despite the challenges of social Executives for the new Sussex Magistrates Courts area; distancing, I hope we will be able to return to something merging East and West, culling clerks, cutting courtrooms, which offers the same experience as has been enjoyed by and battling with the benches. It was a miserable but members of the Bar for so many centuries. formative experience. Despite the horrors of annual cuts and endless ‘government by initiative’, I think we did improve the experience for victims and witnesses, 2020 Middle Templar 5

MASTER TREASURER  From the Treasurer The Rt Hon. Sir Brian Leveson When I had the honour to be elected Treasurer of an its premises. In addition, the Bar and the Inn have to help institution of which I had been a member for over 50 years, those who intended to practise but whose pupillages and I felt real pride and looked forward to a year that I could careers are now threatened by the consequences of the use to advance the support and guidance that we provide collapse of all but a very few areas of work. These are the for students. I also wanted to increase engagement with problems that we will continue to face. members, many of whom may not have been in the Inn since their Call to the Bar, and to encourage Masters of the Quite apart from the pandemic, the Inn has had to face a Bench to do more. All this would be on top of pursuing different challenge. Shortly after I started Guy Perricone, the plans of my predecessors – support for the ICCA our then Under Treasurer, told me of his intention to retire. course (which has been so successful in causing a general For over seven years he has demonstrated unremitting reduction from all commercial providers in the cost of dedication and deep affection for the Inn. He has solved qualification for the Bar), the Ashley Building project, the problems before they have become apparent and worked Paul Jenkins Scholarship and many more. A number of behind the scenes with the interests of the Inn at the heart former Treasurers told me how this would be a ‘fun’ year – of all that he has done. Throughout the pandemic, he the ceremonial, the events and all that makes the Middle has continued to do just that. I add that we have not said Temple such a vibrant institution. The prospect certainly ‘goodbye’ to Guy. I am delighted to report that at the final appeared very exciting. The first few weeks fulfilled every Parliament which he attended he was elected an Honorary expectation: the Normanton Dinner, Master Greenwood’s Bencher. I hope that we will continue to see a good deal Reader’s Feast, the lecture by Sir Andrew Parker, then of him. Director General of the Security Service, were superb. I cannot, however, pretend that the words ‘fun’ or ‘exciting’ Meanwhile, however, we have had to undertake the task describe the weeks that followed. of finding someone to take his place. Some said it would have to wait for the pandemic to be over so that we I have certainly contributed to the Archives of the Inn could interview face to face. In fact, we carried on. Over because there have been a large number of ‘firsts’. The a period of eight days, entirely virtually, the short-listed first virtual Cumberland Lodge (along with virtual advocacy candidates met and conversed with the four directors, training delivering every single qualifying session that our they each chaired a staff committee discussing a challenge students required). The first virtual Parliament (attended to the Inn made up for the purpose. All the candidates by a record number of Masters of the Bench, including had one-to-one meetings with me and, finally, they faced a number joining from overseas); the first virtual Bench an interviewing panel which included an outsider with Call of eight recently elected Benchers, two of whom experience of running a substantial institution. The Inn is were called without having to travel to the UK to be ‘Benched’. The first virtual Call to the Bar: a very small number consequent upon the delay to what I called Bar Finals. Committee meetings of every type conducted over StarLeaf have been the only way forward and I have no doubt that, for the future, at least some ‘virtual’ attendance will become the norm: for those not practising at a court near the Temple, attending a meeting has been impossible except by telephone (always unsatisfactory). It is now not only possible but entirely straightforward. Meanwhile, the Inn has had to deal with many other problems. The challenges facing the Bar (particularly the publicly funded Bar) cannot be overstated; they are potentially disastrous. The Deputy Treasurer, Master Andrew Hochhauser, has described the way in which we have tried to deal with the issues which fell to be addressed. But the short and medium-term planning merely sets the background to the long-term issues not only facing the Bar but also, as a consequence, the Inn. It is entirely realistic that many chambers will seek to learn from the enforced practice of working from home and reconsider the extent to which they need the rooms they presently occupy in the Temple. Yet the Inn depends on its rental income to support its education, its students and 6 2020 Middle Templar

delighted to welcome Mrs Victoria Wallace, DL, who was interviews online. Finally, the Director of Finance, Andrew previously the Chief Executive at Leeds Castle and then Hopkin, has been with the Inn for 23 years. He has had Director General at the War Graves Commission. She and the unenviable task of visiting and revisiting our financial Guy ‘doubled up’ for a week and she has been at the helm position and budget as events have unfolded in almost since Monday 13 July 2020. She is already bringing her real time. Over 120 years of service to the Inn is a truly experience to bear on the Inn’s affairs and we wish her well. remarkable testament to four remarkable people. We owe them a great deal and we owe them (along with the entire Looking back over past Treasurers’ columns, much has staff of the Inn) our thanks. been said of the enormous effort made by all who work for the Inn. This year, I would like to underline how much I conclude by returning to the difficulties that we have we depend on all the staff, but I hope it will not be taken faced this year. Quite apart from the pandemic and its amiss if I mention by name the four directors, in order of consequences, there has been the need appropriately to their length of service to the Inn. The Director of Estates, respond to the Black Lives Matter movement and other Ian Garwood, has been with the Inn for an incredible 41 world events. I would like to thank the Deputy Treasurer years. Guiding the Inn this year through rent reviews and (Master Andrew Hochhauser), the Deputy Treasurer Elect then dealing with the pandemic has underlined how well (Master Maura McGowan), the Chairs of the Committees respected by all with whom he has to deal. Colin Davidson, and their members, all of whom have helped to address Director of Membership and Development, took on Events the challenges of the year. I would also like to thank all who again on an interim basis, just as the Inn effectively closed have given so readily of their time to assist with education for business. He has been employed by the Inn for 32 years and interviews remotely thereby ensuring that we do our and, among other things, edits this magazine. The Director best for our students and minimise the disadvantages that of Education, Christa Richmond started some 25 years they suffer as a consequence of the necessary restrictions ago and, following lockdown, has overseen the delivery of imposed upon us. our education programme and all scholarship and other 2020 Middle Templar 7

BAME AND THE BAR MERLENE GEORGE BAME and the Bar Merlene George was Called to the Bar in Core Duty 6: You must keep the affairs of each 2018 and currently works as a self-employed client confidential. Court Advocate, whilst seeking pupillage. She is the MTYBA Communications Officer Core Duty 7: You must provide a competent standard and also serves as an Elected Member on of work and service to each client. the Hall Committee. Core Duty 8: You must not discriminate unlawfully This is an article written in light of the recent victim of against any person. police brutality, George Floyd who died on Monday 25 May 2020 after Derek Chauvin placed his left knee Core Duty 9: You must be open and co-operative between Mr Floyd’s neck and head for seven minutes and with your regulators. 46 seconds. In the viral video footage, Mr Floyd was heard begging ‘I can’t breathe’ numerous times. Three days Core Duty 10: You must take reasonable steps to manage following Mr Floyd’s death, there was a recorded number your practice, or carry out your role within your practice, of 8.8 million uses of the #BlackLivesMatter hashtag, competently and in such a way as to achieve compliance igniting a global pursuit for justice. with your legal and regulatory obligations. What can we do? Black Lives Matter (BLM), the Core Duties do not prevent 1.  Educate ourselves; you from supporting black peoples’ lives. The BLM 2.  Accept change is required; movement is a frantic call for recognition that a black 3. Actively participate in initiatives for change. person’s – a human being’s – life matters. The reality that a person’s race and colour is the reason for discrimination. The Bar Council logo states ‘Justice for All’ The uncomfortable truth; society has continued to fail Barristers play a vital role in supporting the principles black people to the extent that lives have been taken away. of justice, the rule of law and enable people to uphold Supporting the BLM Movement does not compromise their legal rights. We are advocates with skills such as your independence or diminish the trust and confidence persuasiveness, intelligence and determination, which we the public places in you or the profession. should use to advocate against racism – a necessity in our current society. BAME Master Amanda Pinto, Chair of the Bar Council, ‘BAME’ stands for Black, Asian and Minority Ethnic. Before recently said: the BLM movement I believed this term was sufficient. However, I recognise and accept there is a need for debate At the Bar Council, we realise we have not been doing enough on whether this term is adequate. The BSB ‘appreciate that to encourage and support black barristers. More can and must the term, and similar terms, are debated and that no single be done to become a stronger and more inclusive Bar. If we do term is universally accepted’. Our experiences are different not address this, we will fail to attract and retain those talented to each other; each ethnic group’s experiences of racism people who help to represent the whole society we serve. differs; each person’s experience of racism differs. The Bar Standards Board (BSB) One example that struck me was acknowledging that a Worried about supporting the Black Lives Matter young black boy is likely to get stopped and searched for movement as a barrister? Afraid to be seen as not very different reasons, when compared to a young Asian maintaining your independence by taking a ‘political’ boy. There is a stark difference in the types of prejudices stance? and biases faced by different ethnic groups. By grouping them together, we risk losing the ability to properly assess Here’s a reminder of the ten Core Duties regulated by the problems and implement effective solutions to combat the BSB: racism. The Government Stop and Search Ethnicity Facts and Figures, published on Thursday 19 March 2020 show Core Duty 1: You must observe your duty to the court that between April 2018 and March 2019: in the administration of justice. • There were 38 stop and searches for every 1,000 Black Core Duty 2: You must act in the best interests of people compared to 4 for every 1,000 White people each client. • However, there were only 11 stop and searches per Core Duty 3: You must act with honesty and integrity. 1,000 Asian people and 11 per 1,000 people with Mixed ethnicity. Core Duty 4: You must maintain your independence. • There were a total of 375,588 stop and searches in Core Duty 5: You must not behave in a way which is likely England and Wales. to diminish the trust and confidence which the public places in you or in the profession. Once again, what can we do? 1. Educate ourselves by attending seminars and conducting wider reading; 2. Accept change is required by engaging in discussions and asking those uncomfortable questions; 3. Actively participate in initiatives for change by organising seminars and providing a platform for colleagues to voice solution-based schemes. 8 2020 Middle Templar

BLACK LIVES MATTER EMMA HUGHES Panel Discussion Emma Hughes is MTYBA’s Diversity & number of black people stopped and searched in Inclusion Officer for 2020 and currently works comparison to their white counterparts. We considered at Miles & Partners Solicitors in the Public the concerning changes being proposed for the justice Family Law department. Middle Temple made system; getting rid of trial by jury for either-way offences. the pursuit of a career at the Bar an attainable Propositions such as this may have a detrimental effect possibility by granting Emma a Jules Thorn on those who come into contact with the criminal justice Scholarship. system. The David Lammy Review found inequities in all different parts of our criminal justice system when it came On Thursday 25 June 2020, the Middle Temple Students to BAME defendants. Utilising our voices and registering Association (MTSA) and Middle Temple Young Barristers our concerns with our members of parliament could Association (MTYBA) held a Black Lives Matter (BLM) Panel counteract these proposals. Discussion to show solidarity with the BLM Movement following the tragic death of George Floyd. We felt it BLM – why now? was important to contribute to the narrative in the legal profession and discuss issues of racism, police brutality Lockdown has amplified the response from social media. and racial profiling in light of the global protests. We BLM protests were declarations to eradicate and drive out invited an esteemed panel, including Master Elaine systemic racism. Some responses have been reductive at Banton, Courtenay Griffiths QC, Allison Munroe QC, best and performative at worst, using BLM as a marketing Abimbola Johnson, Lola-Rose Avery, Aaron Mayers, and Ife tool in some instances. Organisations deciding to put a Thompson, to discuss some of these profound issues and logo for BLM on their Instagram or Twitter. It is fashionable propose potential solutions.  now, but will it be in six months’ time? The Birth of the BLM Movement The challenge now turns to how we can translate those words into meaningful and lasting change. In order to In 2013, 17 year-old Trayvon Martin was shot dead by achieve lasting sustainable change to make black lives a neighbourhood watch member, George Zimmerman; better, the small elite who hold the reins of power must not Martin had no criminal record. Zimmerman’s acquittal be complacent with discriminatory systems which operate sparked widespread demonstrations and a national debate to oppress people and create an environment of tolerance. over racial profiling and the role of armed neighbourhood watches. We discussed the lack of education about black The Solutions history and the benefits of making this a mandatory module on the British curriculum. To set the tone for the event, we At the Bar we see that BAME individuals are under- held a minute’s silence to commemorate those who have represented at every level of the profession. Initiatives tragically lost their lives in the UK and in the US, whilst in such as Bridging the Bar aspire to create a bridge between police custody, or due to racially motivated attacks. talented students from non-traditional backgrounds and the skills and experience necessary for a successful career US at the Bar. Middle Temple’s Access to the Bar scheme also helps to facilitate social mobility. We began by looking at issues and examples of racial discrimination in society through two stark examples. Firstly, There are problematic trends which practitioners need the microaggressions surrounding the incident of Amy to challenge going forward; for example, applications Cooper and Christian Cooper in Central Park on Monday referring to multiple stop and searches, even though 25 May 2020. This exemplified the weaponisation of a nothing has been found and there are no convictions. white woman’s tears and the term ‘Afro-American man Inclusion and reliance on evidence of this nature in threatening me’ used by Ms Cooper. What would footage a criminal behaviour order application, gives the of the circumstances that led to the brutal lynching of 14 evidence validity without questioning the fact that the year-old Emmet Till in Mississippi in 1955 have shown? person has been targeted repeatedly. Calling out these demonstrations of racial profiling and wide sweeping The second was the murder of George Floyd, also on assumptions of gang affiliation can create a higher level of Monday 25 May 2020. Notably the officers in George accountability and enhance social justice. Floyd’s case were not fired until the video went viral and were not charged of criminal offences until after protests. We can fall into the mentality that this is an intimidating This urges the question, ‘what about all those historical and multi-faceted problem that is too big and complex to incidents that may have been misconstrued by alleged tackle. However, we would implore everyone to consider “victims” in a time when smart phones didn’t exist?’. that in this problem lies an opportunity. The opportunity arises when we as individuals look to ourselves and the UK unique roles we each have to bring about the change that we want to see. We need to also use the power and We examined the way in which black people are over- influence we have at a grass roots level and as a collective represented in the criminal justice system but under- well-resourced movement to bring about and demand the represented at the Bar. For example, the disproportionate societal change so we can ensure we live in an environment where black lives really do matter. 2020 Middle Templar 9

RACIAL EQUALITY, INCLUSION AND ANTI-RACISM WORKING GROUP Racial Equality, Institutions were called upon to examine not just their Inclusion and history, which cannot be changed but their current Anti-Racism attitudes which are capable of change. Working Group Middle Temple has prided itself, rightly, on its open On Monday 25 May 2020 a black man was killed whilst welcome to all. Is that enough? Is the fact we are open to being arrested by a white police officer in Minneapolis. all sufficient to meet our responsibilities? What more can Ordinarily, that might not even have made the national we do to examine our individual and collective attitude to American news, let alone world-wide circulation. His race? Do we really treat all equally? Do we do enough to name was George Floyd and he had allegedly tendered include those who do not automatically feel included? a counterfeit $20 note. The last minutes of his life were filmed by members of the public and his cries of ‘I can’t We have celebrated 100 years of women being members breathe’ and calls for his mother, struck a note around the of the Inn and the profession. We should also celebrate the world. many long years, back to the 1840’s and possibly earlier, since we admitted our first black barrister. Examining In the days and weeks that followed many protests were our history will discover some very unpleasant historical held. Statues fell but so did a sense of complacency. facts, not just in the way black people have been treated but other minority groups too. Looking at the past is the easy bit; it will be harder and more painful to examine our current attitudes. The Treasurer has established a working group to survey the attitudes and experience of students and members of the Inn. The responses will inform what we need to do to learn and improve. Thank you to everyone who has already completed the survey. If you have any further feedback or ideas that you wish to feed into this research, please contact Richard Frost, the Inn’s Outreach Officer, at [email protected] Going to court alone is rarely a choice. We run free services and a national helpline where our volunteers signpost to legal advice, give practical assistance and emotional support to people going to court alone. Help us, donate to our cause and join a group of passionate people who share our vision of better access to justice for all. For more information about how you can get involved visit www.supportthroughcourt.org 10 2020 Middle Templar

EQUALITY AND DIVERSITY AT THE BAR COUNCIL SAM MERCER Equality and Diversity at the Bar Council Sam Mercer has run the Bar Council’s equality & diversity and of nine projects, four of which focus social responsibility programmes for the last seven years. She on fair allocation of work, from is responsible for the design and delivery of support for the clerking to the legal directories and profession. This includes E&D training and good practice solicitor practices. Others address the guidance, as well as the provision of direct advice and Bar’s culture, promoting mentoring, support to chambers and individuals. tackling harassment and bullying and modelling innovative flexible working This article is very different to one I jeopardy. Others struggled to secure solutions. It is and remains an exciting might have written earlier this year. the court experience they needed to and vital agenda. We have built an The Covid-19 pandemic has and qualify and were apprehensive of extensive network of stakeholders, continues to shift the landscape reduced opportunities for tenancy. key practitioners and clerks, on fundamentally. At the time of writing, Some junior tenants, struggling with Circuit and in the various specialist predicting the position when you existing debt, did not have the practice areas. This important work read this is impossible. I hope by the reserves to ride out the storm. And it continues, and the lessons learnt time this article goes to print we have is not just juniors. Many across the from the lockdown, particularly greater clarity on how we manage Bar saw work dry up and diaries around flexible ways of working, may the coming months and the issues we empty, struggled with childcare at change the way we work at a speed are grappling with today, many of home and encountered technical as we could not have anticipated when which relate to equality and diversity well as wellbeing challenges resulting the programme was conceived. We at the Bar. from too much (or too little) isolation. believe some of the changes we grappled with in the early days of Over the course of 2020, the Bar My fear is that the incredible work lockdown and a growing Council has been, and continues to, done by so many to increase diversity understanding of working remotely fight to protect the profession, in the profession risks being set back may eventually benefit all members alongside the Circuits, Specialist Bar years, as those barristers with fewer of the Bar. Associations and of course, the Inns resources to cushion the blows of Court. Priorities from an equality delivered by this crisis were, and A huge positive is the sense of a and diversity perspective in the initial continue to be, the hardest hit. Sadly, profession coming together to stages of the public health crisis were it is probable these barristers may be support each other. The joy in my job around rapid impact assessments, more likely to come from less is witnessing the generosity displayed ensuring Government measures traditional backgrounds. by members of the profession, willing supported those within our Early this year, the Bar Council had in to give their time and expertise to profession in greatest need and that place a comprehensive programme support our work. The efforts being no one was left behind. of work in the form of its accelerator made throughout the crisis to save programme, aiming to speed up the the pupillages we could, to share Many across the self-employed Bar positive pace of change in favour of ideas and good practice, to maintain and those running chambers have diversity across the Bar. This consists collegiality and provide mutual faced stark choices, whilst those in support was and continues to be employment faced different inspiring - from those who were challenges, but equally uncertain aware of our mental wellbeing as we futures. Those who were in more socially distanced, offering vulnerable positions prior to the mindfulness, online yoga and virtual crisis; pupils, new tenants and those chambers’ teas, to those negotiating with caring responsibilities (primarily hard with the Government for women), were much more exposed financial support and to keep the when the lockdown started. Our justice system going. initial priority, with the limited resources available, was to protect From a diversity perspective, it is these groups. always important to focus on the positives and look to the future. If we We can already see more limited can grab hold of those aspects of our opportunities for pupillage over the work that worked under ‘lockdown’ coming years as chambers tighten and fine tune them, we may yet all their belts and try to recover. Some benefit from an innovation dividend pupils just ending their first six when – more flexibility, fewer hours on the crisis hit faced ‘pauses’ on their trains, and more opportunities for pupillages, placing qualification in those juggling work-life balance. It has to be worth reaching for. 2020 Middle Templar 11

MIDDLE TEMPLE LGBTQ+ FORUM SIMON ROWBOTHAM Speech at the Inauguration of the Middle Temple LGBTQ+ Forum Thursday 14 November 2019 Simon Rowbotham practises at 7BR and recently moved to minded people in public facilities, London from Manchester, where his practice included all popularly known in the 18th Century areas of family and Court of Protection law. He has built a as ‘bog houses’ or ‘the markets’. In solid private client practice, with regular instructions from top 1701 the London Post ran a story family law solicitors in the North West and further afield. concerning a young man ‘sitting in Simon is Vice-Chair of the Middle Temple LGBTQ+ Forum. Lincolns-Inn house of office’ when another young man ‘happened The need for LGBTQ+ members to in which the Inn was established, to go into the same box, whom be supported at the Inn came to the Fleet Street and Chancery Lane were the other welcomed, afterwards fore in 2017, following the report known for their ‘suspect’ houses. entered into a discourse with him, of Marc Mason and Dr Stephen Perhaps unwittingly, the Inn itself pretending great kindness for him Vaughan at University College has played some part in LGBTQ+ etcetera. But at last discovered his London (UCL); Sexuality at the Bar: history in ways that are now largely intention, to commit the filthy sin of An Empirical Exploration into the forgotten. sodomy…’. Upon crying for help, Experiences of LGBT+ Barristers the Inn’s porters ran to his assistance in England & Wales. The authors Gossip surrounded the Knights and ‘cooled the spark’s courage, conducted a survey of LGBTQ Templar. There were rumours by ducking him in the said house of barristers, in which they found that abounding that it was a directive office, and afterwards left him to shift just over half of those consulted to copulate and bugger as part of for himself’. Quite what the alleged reported having experienced their order and two attempts were victim thought would happen when discrimination in some form; one made to bring to trial knights for he welcomed his would-be attacker third had suffered bullying or allegations of sodomy. In reality, such ‘into the same box’ we can only harassment. Sadly, the Inns of Court rumours likely came – as rumours do guess. came in for particular criticism ‘for not today – from ignorant people but doing enough to signal their support they do perhaps hint at a queerer While some gay men of the Inn for LGBT+ members of the Bar’. One history than one might suppose presumably had fun of an evening, student described an occasion when for the Temple. Later, when Twelfth the Temple district was also an area in a Bencher at a qualifying session Night was performed in Hall, the which some of the worst persecution was heard to say ‘I don’t trust fags roles of Viola, Olivia and Maria were of LGBTQ+ individuals was like you’. The Inn in question was almost certainly played by young displayed. In 1810, the White Swan not identified but it is a huge source men. In their effeminate roles, these on Vere Street was raided by officers of sadness and anger to me, that men would later become associated of the court, who were horrified to any member of an Inn might feel with the French word ‘gai’ (cheerful), find an establishment containing ashamed or attacked for who they which overtime gave us the term beds, a ladies’ dressing area and are. ‘gay’. a ‘chapel’ for gay marriages to be celebrated. It was reported at the There is no record of the first LGBT Perhaps a more fun (if seedier) time that the chaplain who officiated individual being Called to the Bar. side of history comes from the fact had also recently enacted a birth, in However, since at least the century that it was – along with Lincoln’s which two men (dressed as midwives) Inn Fields – a place to meet like- used a pair of bellows to expel a Cheshire cheese as a new-born baby. 23 men, including a butcher, a 12 2020 Middle Templar

baker, a lord and (one might imagine) report taught us one thing, it is that family relationship’. That Act came a lawyer, were arrested. On Fleet there is a real and pressing need into effect in 1988 and so was well Street, London’s newest pillory had for those of us who are established ingrained by the time I commenced just been erected. After being found practitioners, wherever they feel able school in the early 1990s; it was not guilty at Bow Street Magistrates’, to do so, to make themselves visible repealed in England until November mobs gathered to watch the men at all levels of the Inn. 2003, by which time I was 17. being led to prison via the pillory. It took 200 policemen to protect Every single individual who identifies In my 14 years or so of school life, them from the crowd. Words, mud, under the LGBTQ+ umbrella has I never heard a teacher refer to excrement and projectiles were their own unique story and set of homosexuality, not even in the aimed at the men such that, by the experiences. At this launch, for context of art or literature. There time they reached Temple Bar, one example, there are individuals were no children who were openly contemporary observer noted that who ‘came out’ much later in life gay in any of my three schools and ‘their whole persons appeared one and who lived through those now my one reference point for what it heap of filth’. This would not be inconceivable days when sexual acts meant to be a gay male in the 1990s the first or last time that LGBTQ+ between gays remained illegal. There was the children’s BBC drama slot at offenders were taken to the pillories are individuals whose families still 17:00 on Tuesdays and Thursdays, just outside the Temple; for some, to don’t know of their partners or even where shows like Byker Grove or be sent to the pillory at Temple Bar that they identify as LGBTQ+. There Grange Hill – though no doubt was akin to a death sentence. are individuals for whom their one well-intentioned – depicted gay year on the Bar course in England will characters as people who suffered A cheerful history? No. But just as be their one year to live freely before enormous difficulties in coming out my generation owes an enormous returning to their home countries, and who, largely, were depressed gratitude to the generations where acts of same-sex love remain or living in fear of HIV and Aids. I immediately preceding ours, who led illegal. saw politicians and popular singers the Pride and civil rights movements ridiculed, their careers destroyed by that landscaped the more socially My school years were spent under tabloid trash for having the audacity and legally liberal world in which the cloud of section 28 of the Local to live a private life that involved gay we now live, there have been queer Government Act 1988, which inserted sex. That was not a life I wished to Middle Templars whose names are into the 1986 Act a prohibition on live and I was, as a result, desperate now lost to time but each of whom, educational authorities promoting not to be gay. in their own small way, contributed homosexuality in schools or to the moment in which we now find publishing material with the intention Fast forward and, in 2008, I became ourselves. of promoting homosexuality. The Act a member of the Inn. Coincidentally, prohibited teachers from promoting I joined the Inn in the same summer Why ‘Forum’? The urban myth I same-sex relationships as (what I accepted the reality that I am not hope to plant today is that it was the Act labelled) ‘a pretended a heterosexual or a bisexual man. As named after the farcical Sondheim musical set in ancient Rome, A Funny Thing Happened on the Way to the Forum. Of course, that is untrue, but it is a great musical and, perhaps, that urban legend would not be so far from the truth. ‘Forum’ for our purposes is used in the context of its Latin origin, as an ‘open public space’. That usage of the word certainly encapsulates one of our objectives: ‘to provide a safe and inclusive space for LGBTQ+ members of the Inn to meet, share ideas, to find support and inclusion, and (importantly) have fun’. In the words of the late, great Frankie Howerd in his titular song for the 1971 film Up Pompeii, ‘There’s an awful lot that’s gone to pot, it’s getting out of hand; there’s no decorum in the Forum’. Joking aside, the word ‘Forum’ has, of course, also become a byword in more common usage as a space for public expression. The need for the LGBTQ+ Forum to be a space for both expression and, importantly, a public one, is also crucial to our objectives and values. If the UCL 2020 Middle Templar 13

far as my relationship with Middle been very different. not to be defined simply by who we Temple was concerned, I cannot love or even our gender. I believe recall there ever being any LGBTQ+ In 2019, I am standing in the Prince’s that visibility, however, for those that reference point from the time I joined Room at a launch event with my are comfortable with it and elect to until the time I was Called in July partner, Jack, and surrounded by be seen, will be critical to the role of 2011 and moved to Manchester; LGBTQ+ colleagues, friends and the Forum. As Harvey Milk, the first I certainly cannot recall any overt allies. In June of this year, the Inn openly gay man to be elected to homophobia but then, neither was I hosted an incredible event called public office in the US, said: exposed to any positive messages of Taking Pride, organised by MTSA and inclusion. Looking back, having come MTYBA. In 2021, we are due to have I cannot prevent anyone from getting from an education system of radio not our first but second openly gay angry, or mad, or frustrated. I can only silence under section 28, it was for Master Treasurer in Master Andrew hope that they’ll turn that anger and me business as usual. And business Hochhauser, who will follow in the frustration and madness into something as usual might be okay if a young footsteps of the late and very much positive, so that two, three, four, five member of the Bar already knows missed Master Paul Jenkins. hundred will step forward, so the gay that being LGBTQ+ and being a doctors will come out, the gay lawyers, barrister are not mutually exclusive. The Forum is important as there the gay judges, gay bankers, gay But I did not. is absolutely no excuse why any architects. I hope that every professional student should exist under the gay will say ‘enough’, come forward and After my Call, I commenced misimpression that to be LGBTQ+ tell everybody, wear a sign, let the world pupillage and spent that year in anyway disqualifies them from know. Maybe that will help. refusing to be drawn on questions succeeding in this profession. We about my private life. Throughout would be lying if we told them that In the spirit of being a visible pupillage, the closet doors remained they will not face, or that there are no presence in the Inn, we have made well and truly welded shut. In a new colleagues who remain on the wrong a sign in the form of a pin badge city, meeting new people, it was a side of history. But the dinosaurs are incorporating the Forum’s shield, to lonely experience. In fact, when I facing extinction and their fossils will be worn with Pride. did come out (by taking my then- soon be confined to the dustbin of partner to a chambers event), the bigoted history. We cannot magic The Forum is a fledgling project. It reaction of my colleagues was so away the prejudices that many of our is here to be supported and shaped overwhelmingly positive that I felt members may still face in everyday by those who wish to get involved. embarrassed not to have done so life, especially those students who will All members and staff of the Inn are sooner. return to countries less liberal than encouraged to do so. There are many our own. But we can make sure that ideas and plans afoot. We will need I often look back at this period of my their interaction with this Inn is one your help to make this happen. very early career and wonder how that is positively affirmative: success much of my perception of the Bar at the Bar in 2019 comes from being Finally, we very much hope that was shaped from what I actually knew who you are, not what anyone else the Forum will allow us to come or was just self-imposed belief. The thinks you ought to be. together as a group of people who reality, sadly, is probably a mixture. can support and mentor each other, The one thing I do know is this. An important objective for the Forum socialise, love and advise each other. That, had I met just one, openly gay is visibility. Identifying as LGBTQ+, No member of Middle Temple or its barrister, Bencher, judge or even staff for many of us, means that we are staff should feel that nobody is there member at the Inn during my year in not immediately recognisable from for them. Our message is simple: London in 2010/11, I like to think that our appearance as, say, women or you are not alone and the time to be my experience of that year and my BAME barristers might be. That is a LGBTQ+ member of the Inn has pupillage that followed would have not a bad thing: many of us choose never been better. 14 2020 Middle Templar

THE SPANISH INFLUENZA PANDEMIC VICTORIA HILDRETH The Spanish Influenza Pandemic Victoria joined the Inn as Projects Archivist in 2017 and was promoted to the position of Assistant Archivist in 2019. For over three years she was the Archives Assistant at the V&A Museum’s Archive of Art and Design, and during this time achieved a Postgraduate Diploma in Archive Administration. The influenza pandemic of 1918/19, known as the ‘Spanish Copy letter from the Under Treasurer referring to the Flu’, killed 50 million people worldwide, and 228,000 Spanish Influenza, 19 November 1918 (MT/1/LBO/21) people in Britain alone. The virus hit the country in several waves; the first reaching its shores in the summer of 1918 disposition lest fear, panic and depression make them and the second starting its progress through the country in more vulnerable to the illness. September 1918. This second wave would prove to be far deadlier than the first, the virus having mutated into a The result of this comparatively laissez-faire attitude can be more virulent form. On Friday 11 October 1918, the same found in the Society’s letter books, which contain copies of day that Spanish influenza was reported as having arrived all the Treasury’s outgoing correspondence between 1850 in London, the Treasurer, Master Robert McCall, proposed and 2001. Monday 11 November 1918 was the peak of the that a dinner to commemorate the tercentenary of Sir second wave of the influenza pandemic in Britain and the Walter Raleigh’s death be held on Tuesday 29 October staff of the Inn were badly affected. The Under Treasurer 1918, which was approved by the Inn’s Parliament. This struggled to maintain the administrative functions of the dinner proceeded as intended; the organisers and Inn due to lack of personnel. In the first piece of attendees undeterred by increasingly alarming reports of correspondence referring to the pandemic, dated Monday deaths caused by the virus. 11 November 1918, the Under Treasurer apologises for the late reply to their letter of Thursday 24 October, which was The lack of action taken by the Inn in response to the not answered as ‘the whole of my staff are away ill’. The influenza pandemic is surprising to modern eyes. Business date of the initial letter implies that there may have been continued as usual, Parliament continued to meet and staffing issues at the Inn from as early as late October. there is no mention of the pandemic within the minutes Further letters written on Thursday 28 November and that they produced. This inaction was not unique to the Monday 2 December show that staffing issues created by Middle Temple and was symptomatic of a lack of the pandemic persisted for many weeks. It is unclear leadership by the central government when confronting whether the virus itself caused any fatalities among the the crisis. The department responsible for managing the Inn’s employees, but the staff books record one death pandemic, the Local Government Board (LGB), lacked during this time period. authority and was short on manpower due to the demands of the First World War. They delegated the management 102 years have passed since the Spanish influenza ravaged of the pandemic to local authorities, which led to a the world, and the national response to a pandemic of that piecemeal national response. Additionally, the LGB issued scale has changed significantly in that time. Social no official guidance to the country until late October 1918. distancing, which was not encouraged in Britain during the They had considered issuing a memorandum on the flu in 1918/19 pandemic, has become one of the primary the summer but had to shelve it due to pressure to ‘carry methods of controlling the spread of Covid-19, and has on’ that was caused by the war. caused the dramatic closure of the Inns of Court for the first time in centuries. When guidance was provided, it differed substantially from that issued by modern governments and medical professionals. Hand washing was not emphasised, disinfecting of surfaces and throat gargles were recommended instead. Social distancing was not advised unless someone was displaying symptoms, in which case responsibility was placed on the individual to go to bed immediately and stay there for three days. Theatres, cinemas and music halls could remain open, provided there was an interval of 30 minutes and the room was fully ventilated during this time. While some medical professionals advised the public to avoid crowded meetings and stuffy rooms, the wartime conditions in the country at the start of the pandemic made widespread implementation of this advice impractical and lockdowns unthinkable. The government’s priority was to avoid alarming the civilian population and to carry on as normal. To this end people were advised to maintain a ‘cheerful’ 2020 Middle Templar 15

A POTTED HISTORY OF THE OFFICE OF UNDER TREASURER BARNABY BRYAN A Potted History of the Office of Under Treasurer Barnaby Bryan read Philosophy at King’s College, the Treasurer was entirely relieved of Cambridge, and later qualified as an Archivist at University handling money and Bayliff took full College London. He has undertaken archival work at responsibility for it. The English Civil various institutions, including Unilever’s corporate archive War, which broke out in 1642, caused in Port Sunlight. He joined the Middle Temple as a Project great commotion in the life of the Archivist in 2015, progressing to Assistant Archivist in 2016 Inn. The membership (including the before being appointed as the Inn’s Archivist in 2019. Benchers) divided between Royalists and Parliamentarians, Readings The office of Under Treasurer of  Many Under ceased to be given and admissions the Middle Temple has existed for Treasurers fell considerably. The Inn’s income many centuries. Since the first known served for more was so disrupted that Bayliff himself appointments in the 16th Century, than 30 years, financed the Society at his personal the role has evolved from that of a but James Buck expense. By November 1647, the humble debt collection assistant to still holds the Middle Temple was indebted to him the Inn’s Chief Executive. Over the record. to the sum of £1,812, and in 1649 years, Under Treasurers have faced Parliament ordered that all of the Civil War, air raids, financial crisis minor accusation in those times of Inn’s silver ‘more than is for ordinarie and conflagration, many serving for widespread religious suspicion and use’ be sold to repay the Under several decades, and more than one persecution. Treasurer. incumbent departing under a cloud. Some employees of the Inn worked Many Under Treasurers served for The first recorded Under Treasurer, their way up through the ranks more than 30 years, but James William Whorwood, was appointed – Richard Baldwin was admitted Buck still holds the record. An order in 1524 ‘to collect and levy debts to the Inn and appointed Under of Parliament of 1708 gave him in place of the Treasurer, as an Treasurer in 1591, having provided permission to sit at the end of the assistance to the Treasurer for the ‘good services’ as the Inn’s Butler Bench table when taking minutes – time being’. As the Treasurer for previously. He went on to serve in by this date he had served 50 years that year, Richard Lyster, had been the role for 28 years. of his 53 year Under Treasurership. Solicitor General since 1521, he may Some of Buck’s personal business have had his hands full. A member His successor, John Bayliff, also papers survive in the Inn’s Archive, of the Inn himself, Whorwood later served for around 30 years. In 1625 illuminating his extensive ‘extra- served as Autumn Reader in 1537. curricular’ activities as a landlord and Chief Bailiff of the manors of Another Middle Templar to hold Haringey, Hornsey and Finchley. the office in the 16th Century was Thomas Pagitt, who served from From the 17th Century onwards, the 1570 to 1576 and was Lent Reader in Under Treasurer had to give a bond 1584. Pagitt and Edmund Plowden, for £1,000 on taking up the office. Treasurer in the 1560s, were both This guaranteed his keeping just Roman Catholics and the pair and true accounts of all income and were blamed in 1580 for the Inn expenditure and being responsible being ‘pestr’d with papistes’ – no for the safe keeping of plate, linen, deeds, evidences, rolls, admission Minute of Parliament recording the appointment of William Whorwood as books, receipts, bills, rentals and Under Treasurer, 1524 (MT/1/MPA/1) other muniments. By the mid-18th Century the bond had risen to £2,000 – worth around £230,000 in today’s money. Some Under Treasurers appear to have been fairly robustly dealt with. In 1747, 20 years into Richard Bruncker’s Under Treasurership, Parliament voted on its choice of three candidates for his job. Bruncker came third. The winner was appointed and Bruncker was demoted to assistant, dying shortly afterwards. Parliament also ordered 16 2020 Middle Templar

in 1926, resigned in 1930 having established a strong and effective team in the Treasury. His successor, the former Assistant Clerk William Hewlett, served until 1949, being commended by the Bench in 1946 for his dedicated wartime service, serving as an Air Raid Warden five nights a week throughout much of the war. Record of Benchers voting on three candidates for Under Treasurer, including From 1968 until 2011, every Under the incumbent, Richard Bruncker, 1747 (MT/8/SMP/67) Treasurer was a retired senior officer of the Armed Services, including a that an officer be appointed ‘as a throughout the day with beer brigadier, naval captain and rear- check and accountant’ of the Under from the buttery. He found ‘great admiral, and two air commodores. Treasurer, suggesting that Bruncker’s discontent and dissatisfaction’ In 2011, Catherine Quinn, the bookkeeping may have been the in all departments, and office Inn’s first female Under Treasurer, reason for his downfall. administration was found to be in ‘a was appointed, having previously considerable state of confusion’. headed the grant-giving operations Another significant position within of the Wellcome Trust. She oversaw the early modern Inn was the Keeper Beresford-Pierce proved an a substantial re-organisation of of the Library, the first holder of this efficient new broom, overhauling the Inn’s governance structure, office having been appointed in the Inn’s administrative practices, administration and staffing, 1642 under the terms of the will of and, after inheriting a baronetcy before leaving the Inn in 2013. Her Robert Ashley, who had bequeathed successor, Guy Perricone, served his collection of books to establish until 2020 and was Called to the the Library. Two Keepers went on Bench in a remote ceremony on to be promoted to Under Treasurer Thursday 9 July of that year, being – Charles Hopkins in 1752, and his succeeeded by Victoria Wallace. successor James Horsfall in 1776. Sometimes the office was passed from father to son: William Eldred served from 1785 until 1838 when his eighth son, Edward, succeeded him and held office until he was removed for disobedience of orders in 1855. Surviving contemporary records from the time suggest he may have suffered a breakdown of some sort, and following his death shortly after his removal from office, the Inn provided financial support for his wife Charlotte and their several children. The Inn’s collection of portraits includes a pair said to be of ‘Mr & Mrs Eldred’. The final Under Treasurer of the 19th Portrait said to depict ‘Mr Eldred’, possibly Edward Eldred, Under Treasurer Century, James Waldron, served 1838-1855 from 1886 to 1913 and appears to have presided over a decline in discipline, organisational stagnation and general lack of activity. His successor, Major Henry Beresford- Pierce DSO, who had distinguished himself in the Second Boer War, was appalled by the slackness of administration and bad practices of the staff. Drunkenness was a particular problem, many employees habitually fortifying themselves 2020 Middle Templar 17

READERS OF THE TEMPLE MASTER MARK HATCHER Readers of the Temple: From the 16th to the 19th Century Master Mark Hatcher was Called to the Bar in 1978, after a short In the 16th Century life in the Inn period in practice, he joined the Law Commission in 1980. He then continued much as it had in the worked at the House of Lords and was Assistant Secretary of the Law previous century: collegiate Reform. In 1988 he set up the public affairs consulting practice of discipline, predominantly celibate Coopers & Lybrand before joining the Global Regulatory and living, a common hall, chambers, Professional Affairs Board of PWC. He became the Bar Council’s moots, readings, lectures and Director of Representation and Policy in 2006 and was Ordained in compulsory attendance at church 2012. He was Director of the Bar Council and until recently Special services. The pattern of worship Advisor to the Chair of the Bar. He is Reader of Temple Church. varied to accommodate the liturgical changes brought about by the Ever since they were appointed to The Readers have their origins in the Reformation. The ornate services and assist the Masters at the Temple pre-Reformation period. When the gorgeous ritual under Henry VII and Church, the Readers of the Temple Knights Templar were suppressed in Mary Tudor disappeared under (not to be confused with the Inn’s 1307, the Order of the Temple Elizabeth I giving way to daily prayers Readers) have attracted generally less supported a Master as well as six and Holy Communion four times a interest than their more illustrious chaplains and four clerks. After they year. Divine service was held daily at clerical colleagues, who rejoice in the had gained possession of the 18:30 in term time. The issue of title ‘Reverend and Valiant’ (unique in Temple, the Order of St John of vestments became a contest about the Church of England). Jerusalem paid £37 6s 8d to the whether the Reader should wear a Master (or Custos) as well as four cloak or a gown. Since the Reformation in the 16th priests and a clerk. Century there have been 31 Masters During this period three Readers of of the Temple (not including four With the dissolution of the the Temple stand out. Laurence ‘Ministers’ during the Interregnum) monasteries by Henry VIII in 1539, Chadderton, appointed in 1579, may and 40 Readers of the Temple not legislation provided that the Master have represented the Puritans at the including at least 14 ‘Lecturers’ or and two chaplains should retain their Hampton Court Conference which ‘Preachers’ and seven assistant accommodation and income. Two of was convened in 1603 by James I to Preachers. Having been a member of the four priests prior to the consider attempts at further Church this supporting cast for the past five dissolution, Walter Lymsey and John reform. Chadderton was one of the years and, as far as I am aware, the Wynter, continued. By 1560 one translators of the Bible into English, only member of the Middle (or Inner) priest supported the Master, who was the Authorised or King James Temple to have been elected a given sole authority to appoint the Version, published in 1611. He lived Bencher before being appointed as priest, a right which subsequently to be over 100. It is said that in old Reader of the Temple, I was curious passed to the Middle and Inner age, preaching in his native to know more about the Readership. Temple. Lancashire, he paused after two hours, telling his congregation,’ I will Alfred Ainger (‘Men of the Day. No. 532.’) by Sir Leslie Ward no longer trespass on your patience’. chromolithograph, published in Vanity Fair 13 February 1892 ‘For God’s sake, go on, go on’ they Ex Coll: National Portrait Gallery (NPG D44581) called in reply. So he went on much longer, ‘to their great satisfaction and delight’. His successor, Walter Travers, was appointed in 1581. Travers had been ordained in Antwerp and was the preferred choice of the Master, Dr Richard Alvey, to succeed him but Archbishop Whitgift required Travers to be ‘re-ordained’, which Travers refused. Queen Elizabeth was persuaded that his strong Calvinist leanings made him unsuitable and Richard Hooker was appointed instead in 1585. Although Hooker and Travers were friendly (they were also cousins), they clashed in the pulpit. Travers was a natural orator who relished disputation. Izaak 18 2020 Middle Templar

Walton recalled, ‘The forenoon The Sherlock Cup – given to Master of the Temple, Thomas Sherlock, by the sermon spake Canterbury, and the Middle and Inner Temples on his retirement afternoon, Geneva’. Great crowds were attracted to the Church by Crescie (an earlier Reader) who, and edited a dictionary of arts and these combatants. The ‘Battle of the before becoming a Roman Catholic, sciences. He was discharged from the Pulpits’ must have been spectator had joined the Royalist army. Readership by the Benchers in 1763 sport. Eventually Travers’s licence to for having absented himself beyond preach was withdrawn and he went In the 18th Century the Readers were the seas without permission of the on to become Provost of Trinity appointed by the two Inns alternately, Bench. He became bankrupt in 1773 College, Dublin. His enduring legacy beginning in 1703 and this practice but later became Rector of St John’s however may have been to have has continued to the present day. Capisterre, on the island of St Kitts in persuaded Hooker to write the Laws Among them was Thomas the West Indies where he published of Ecclesiastical Polity, a critique of Broughton, appointed by Middle four sermons under the title ‘Where the Puritans and their attacks on the Temple in 1727, at the age of 23. He am I? How came I here? What are my Church of England and particularly became a favourite of the Master of wants? What are my duties?’. the Book of Common Prayer. The the Temple, Thomas Sherlock (who Laws is one of the foundational texts held the Mastership for 46 years In 1820 the first barrister to become in Anglican theology. during which he was successively Reader of the Temple was appointed. Bishop of Bangor, Salisbury and William Rowlatt had been Called to In 1605, William Crashaw was London). Broughton was a the Bar by Inner Temple in 1804 and appointed ‘Preacher’ by Inner distinguished writer on poetry and was subsequently ordained in 1814 Temple. He was an eloquent speaker apologetics, who knew Handel and before becoming Librarian. He and a staunch Protestant, one of may have encouraged him to play introduced a Library Catalogue and whose publications was entitled the organ at the Temple Church. other overdue improvements. ‘Romish Forgeries and Falsifications’. Rowlatt was Reader for 31 years in He was also a member of the Virginia Temple Henry Croker distinguished the course of which we learn of his Company, a joint-stock enterprise set himself as Reader in other ways. burying the Benchers and their wives up by King James to establish Appointed by Middle Temple in 1759 in the vaults of both Inns under the settlements on the east coast of he was a translator of Italian poetry America. In February 1610 Crashaw preached a rousing sermon before Lord Delaware and other members of the company prior to their setting sail for Virginia. It is thought that Crashaw gave a pair of what we know as the Molyneux Globes to the Benchers of Middle Temple. Said to be among the Inn’s most valuable material possessions, these fine terrestrial and celestial globes can be seen in the gallery of the Inn’s Library. Crashaw was married three times, his first wife being the mother of the poet, Richard Crashaw who, ironically in view of his upbringing, became a Roman Catholic. Among the Readers of the 17th Century, Thomas Chafyn, a graduate of Exeter College, Oxford who had been appointed Reader in 1618, achieved the distinction of being arrested by the Serjeant-at-Arms of the House of Commons for having preached a sermon against Parliament in Salisbury Cathedral. He escaped being sent to the Tower by one vote. Another member of Exeter College, who had been appointed Reader in 1643, was George Newton who took sides in the Civil War against King Charles I. It is said that he helped to make Taunton (where he was vicar), ‘the most factious place in all the nation’. Newton’s appointment as Reader had been procured by Hugh 2020 Middle Templar 19

Master’s garden. On Wednesday 5 Canon Alfred Ainger, portrait by Hugh Goldwin Rivière September 1832, he buried in the Alfred Ainger by Emma Frances Johnston (1834-1905) churchyard a man found drowned at the Temple Stairs. The following year his funerals included those of a Middle Temple gardener and the Inn’s Chief Butler. On the grounds of his age and impecuniosity, together with his family of nine (which included several spinster daughters), Rowlatt was allowed to occupy the Master’s House for several years before he was obliged to vacate it in 1845 with the appointment of Canon Thomas Robinson as Master. John Gilby Lonsdale was appointed Reader by Middle Temple in 1851 but within four years of his appointment he had been made a Canon of Lichfield. However, he persuaded the Benchers he should continue to serve at the Temple (as well as pursuing his translations of Virgil and Horace). He was allowed to appoint deputies of whom there were several until the appointment of the new Reader, Alfred Ainger. Ainger had originally contemplated a career in the law. After graduating from Cambridge, he became ordained and after a Staffordshire curacy followed by a spell of school mastering he was appointed Reader of the Temple in 1866. Like three of his predecessors as Reader, Ainger went on to become Master of the Temple, in 1894 succeeding Dr Vaughan. His thick silver hair had long been known in the Temple, as well as his capacity to make friends. His sermons were said to be marked by beauty of language, and by a quiet, practical piety, which was impatient of excess. A man of widespread literary interests, he wrote a life of Charles Lamb and edited his works. In the words which accompanied the Spy cartoon in Vanity Fair in 1892 he was said to be ’a modest Reader in a place where the vice of modesty is not common’. Since Canon Ainger became Master of the Temple in 1894 there have been eight further Readers of the Temple (including the author, the third to be a member of Exeter College, Oxford) for whom space does not permit consideration here. They have had the privilege to serve members of the Inner and Middle Temple in their different ways, following and building upon the rich traditions of the past for the future of these two learned Societies, and to the Glory of God. 20 2020 Middle Templar

A PERSONAL COLLECTION OF 15TH CENTURY DOCUMENTS MASTER IGOR JUDGE A Personal Collection of 15th Century Documents with promptings by William Shakespeare. Excerpt of a talk given to the Historical Society in December 2019. Master Igor Judge was Called to the Bar in 1963. He was made never left. The Inns were invaded and a Bencher in 1987. He was President of the Queen’s Bench all records then available were Division and then Lord Chief Justice of England and Wales destroyed in 1381 in Wat Tyler’s 2008-13. In 2013 he became a Distinguished Fellow and Visiting rebellion. They were re-invaded by Professor at the Dickson Poon School of Law at King’s College Jack Cade in 1450, when again, all London. Between 2015 and 2017 he was Chief Surveillance our records were destroyed, thus Commissioner. Since 2017 he has been Commissary of giving Shakespeare, in all the blood Cambridge University. From 2007-2013 he was President of and horrors of the three parts of the Selden Society. He was Treasurer in 2014. Henry VI and Richard II, his only joke, ‘the first thing we do, let’s kill all the I really cannot quite remember when Here we are today standing on land lawyers’. Laughing at the joke, I became interested in collecting owned and occupied by the Knights audiences forget the wild destruction documents. To begin with, however, Templar, the greatest crusading and the murders of the residents. we could not afford to buy them. I knights and probably the richest One result is that at Middle Temple remember the seal of Ranulph de organisation in mediaeval Europe, we have no domestic or Blundeville, Earl of Chester, who other perhaps than the Church. administrative documents from graciously made way for William Almost exactly 100 years after Magna before 1501. So I could not resist the Marshal to be elected as Regent for Carta, in 1312, the Knights Templar earliest document in this collection, a the boy king, Henry II, when King were suppressed. Twenty, or even ten donation to the Knights, no doubt for John died; another that got away was years earlier, the possibility that this the benefit of his immortal soul, by a a letter from one merchant to another great Order might disappear would clerk in Yorkshire of a bovate of land, on his way to the Council of have been laughable. But it did, for that is, as much as an ox could Constance in 1415 setting out the political reasons, on trumped plough in a day. It provides a direct details of a great victory by King charges. Nothing is ever certain; link between those far off, pre-lawyer, Henry V at a village called Agincourt. ‘what’s to come is still unsure’ is not days at the Temple, and The fatality details given by him merely one of Shakespeare’s greatest demonstrates how that Order was pretty well coincided with lines, but in giving those lines to the still flourishing just a few years Shakespeare and would not have Court Jester or Fool, he is surely before, when out of the blue, it was supported President Macron’s laughing at the human condition. destroyed. I found that document in recently expressed analysis of that a very uninteresting job lot, and it battle. At that time, however, Judith, The land was then given to the was sold to me at a nominal price. my wife, thought that our children Knights Hospitaller, the Order of St Some years after I presented it to the needed carpets and curtains in their John, and the lawyers moved in, and Inn, the bestseller, The Da Vinci Code bedrooms rather more than they quickly. They were certainly here by was written, and I understand that needed ancient documents. 1340 or thereabouts and they have our insurers said that as anything to do with the Knights Templar had become fashionable and valuable, the original must be kept in the Archive, and that only a facsimile should be put on display. There it is, in the Prince’s Room. This document, like all of them, reminds me, and us, that with any document we are in touch with the human beings who wrote them, or are described in them, and handled them, and their lives, and that we should pause to reflect on how and in what circumstances they were created and how delivered, by what means of transport, or retained, and 2020 Middle Templar 21

where, and who read them, and A donation to the Knights Hospitaller by a clerk in Yorkshire of acted on them, and were affected by a bovate of land them, and over the centuries kept them. When you hold an ancient freedom of the individual. And if you letter confirms that he is indeed a document, when you are looking at doubt the relevance of the plays prisoner, trying to sort out his affairs it, you are living with history. Indeed themselves, read the very recently at home. He never gave up plotting documents do not have to be very published, weighty, albeit short, book and planning for his release, but he ancient. The letters our parents wrote by Stephen Greenblatt, Tyrant: also founded his own library and to each other when they were Shakespeare on Power. It suggests wrote a large number of lyric poems, separated by war, even totally that the question which the plays and they show us that although in personal letters, would tell us their seek to answer is simple: ‘how is it 1415 the French were not very good history. With documents you are possible for a whole country to fall at battles, they were well ahead of us always close to human beings, into the hands of a tyrant?’. That is a as writers of sonnets. It was 100 years sometimes historical figures, but question which cannot be ignored in or so later before Henry Howard, in always human beings, each one a any century, least of all our own; think forlorn and unrequited love, was able different character. Hitler, Stalin, Franco, the chilling roll to take solace with the last lines of a call in Europe alone. It is not even a powerful sonnet: ‘Hers will I be, but When I started collecting I realised I question for history. The process still only with this thought,/ Content would have to be specific in my continues to this day. myself though my hopes be nought’. choice because, literally, every The English side of the battle is century could be covered, and I I never did find another document represented by Sir John Fastolf, with could not afford either the time or about the battle of Agincourt itself, the Great Seal of Henry IV attached. the money for that. So I settled for but the collection does include an Incidentally Henry IV, Henry V, and the 15th Century. When I was at order by the Duke of Orleans. Henry VI had identical seals, perhaps school, and then at University, this Remember his impatience, the to create a sense of continuity for a century was regarded as, somehow, certainty of victory on the night rather vulnerable dynasty. Fastolf not very serious history. But I was before the battle. ‘Will it never be served in the campaigns of Henry V attracted by the century because I morning’: and then ‘it is now 2 at Harfleur, where no doubt he heard loved and still love Shakespeare, and o’clock. Let me see by ten we shall and was inspired by ‘Once more unto although his history plays are each have 100 English men’: and the breach, dear friends, once certainly not his greatest plays, they then, ‘the sun doth gild my armour, more..’, and he was there at cover the 15th century in England in Up my Lords’. After the battle he was Agincourt itself. In truth he was a unbroken continuity until 1485. found, just alive, beneath a pile of brave and, perhaps important to Beyond the battle of Agincourt, and corpses, and from there taken to emphasise, sober soldier. But this one King ruling England and France, London where he remained a document reminds us that nothing the loss of France, the Wars of the prisoner of war for 25 long years. This changes. Someone had to be Roses, as we now call them, the endless battles at Northampton and St Albans, the Kings themselves, depressed, usurping Henry IV, martial and triumphant Henry V, feeble, saintly Henry VI, sexually incontinent Edward IV, the child victim, Edward V, murderous Richard III, secretive, suspicious but successful Henry VII, there was much and there remains much of interest. But in those days we rushed through until, hurray, here are the Tudors and Stuarts. Plantagenet England was much more sophisticated then we imagine. Parliament was invited to decide succession to the Crown in 1450, and both Richard III and Henry VII sought Parliamentary confirmation of their right to it. The Paston Letters reveal a society in which, contrary to common belief, the woman played distinctive, positive parts, through the generations, offering valuable advice to their husbands, who followed it and treasured them. It is the century of the printing press, which among many other things, enabled us to ask questions about God and religion, the conscience and ultimately the 22 2020 Middle Templar

blamed for the significant English three words would have been spoken her husband of what must have been defeat in France at the Battle of Patay in courts up and down the land for a bruising, indeed profoundly in 1429. Scapegoats are not a centuries, probably every day this alarming encounter with armed men. modern creation and he, poor chap, week, and every day this year. The In these letters the reality of the Civil took the blame. So Shakespeare has government’s argument before the War is very alive. him saying ‘…Away./ To save myself Supreme Court on prorogation was by flight/ We are like to have the indeed held to be ‘wrong in law’. And the documents illustrate the ebb overthrow’. So he ran away and a few and flow of the tides of war. scenes later we see the Garter torn This very modest and circumspect from his leg and the King’s insulting legal advice gave Warwick the excuse Edward IV confirms the governorship description of him as a ‘stain to thy he wanted for supporting York. He of Calais on the Earl of Warwick the country’. foresees the consequences of this Kingmaker, and does a good little seemingly trivial moment. ‘And here I rewrite of history, by ensuring that it The document reminds us of another prophesy this brawl today/ Grown to refers to ‘Henry VI in dede and not of constant facet of human life. Be this faction in the Temple Garden/ right King of England’. Public careful who you tangle with. When Shall send, between the red rose and relations mattered even then. And Shakespeare first wrote the Henry IV the white,/ One thousand souls to this is followed up by the betrayal by plays, the name given to the death and deadly night’. George, Duke of Clarence, of his dissolute, disreputable friend of brother Edward IV. The document in Prince Hal was Oldcastle. No harm in The documents include two his name, with his seal, just a few that, he was a Lollard, a heretic, and a protagonists on the opposite sides. years later in December 1470, is traitor. He suffered a most terrible One is a document with the personal dated the ‘49th year of Henry VI’. You death, burnt alive in a deliberately signature of William Oldhall, a loyal all know about ‘false, fleeting, prolonged burning. So this was not a Yorkist, probably present at perjured Clarence’, and his drowning bad name to choose, except that Agincourt, certainly a veteran of the in a barrel of malmsey. There is a Shakespeare overlooked that, at the battles in France, and in 1450 the legal subtext to this document, as the very time he was writing, the Speaker of the House of Commons beneficiary was Mr Justice Littleton, company he wrote for and acted in when it was decided that York should the author of Littleton on Tenures, was the Lord Chamberlain’s Men, and succeed Henry VI. An interesting the first legal textbook to be printed that the Lord Chamberlain, Lord example of the 15th Century and published in England, much Cobham, was a descendant of perception of the importance of praised by Sir Edward Coke, no Oldcastle. Imagine the panic when it Parliament. On the other side, a doubt a little biased as he produced was realised what a dangerous signed document by Robert Molyns, a new edition. howler Shakespeare had perpetrated. Lord Hungerford, and similarly loyal ‘For God’s sake, Will!’ who Lancastrian, finally executed after the Chronologically this document is immediately appreciated that the Battle of Hexham in 1464. His real followed up soon afterwards by a name he was looking for was certainly claim to fame, and I would add document with the personal not Oldcastle, but Falstaff. What a notoriety, features in the Paston signature of Louis XI of France, wise choice. Letters with his troops attacking the instructing his Chancellor that the Paston home eventually being fought affairs of Queen Margaret were The steady decline of English off by Mrs Paston, Agnes, I think she important to him, and that her fortunes in France is represented by was. She wrote to her husband in pension must be paid. It should have documents in the name of John, London, in very modest terms, telling been a scene in Shakespeare. Duke of Belford, as ‘Regent of the Kingdom of France’, written in French, who was hardly a modern man when he rather dismissed Joan of Arc as ‘… A maid, and be so martial?’, And Richard, Duke of York, who succeeded him as Regent. Richard of course, represents the Yorkist side of the Roses. The Temple itself is the dramatic, tense setting for the selection of roses, white for York and red for Lancaster. ‘From off this white briar pluck a white rose with me’, says York. Spare a moment of sympathy for the unknown lawyer who happens to be around the Temple Gardens and is asked to give his opinion as this great row unfolds and who speaks against the red rose, but with this important legal precondition: ‘Unless my study and my books be false/ The argument you held was wrong in law’. Remarkable, isn’t it? How those last 2020 Middle Templar 23

Shakespeare has Warwick going to words, champerty, made a crime by formally continued until the middle of France to persuade Louis XI that his Henry VII, which was, I believe, still a the 15th Century. A third document, sister should marry Edward IV. When crime and would certainly have been or four documents together reflect a he enters the court, Queen Margaret, unenforceable when I started at the contract for the sale of land in ‘She Wolf of France’, a description Bar. Nowadays, of course, we have Northamptonshire in 1443. What is perhaps unsurprisingly given to her conditional fee agreements. unusual is that we have the vendor’s by York before his death, greets him copy and the purchaser’s copy of ‘And see where comes the breeder of Tyrrell you will remember was ‘A identical provisions, with the cuts my sorrow’. Warwick is doing very discounted gentleman whose between each side which show that well with his mission until they get humble means match not his haughty the documents fit perfectly together, letters telling them of Edward’s spirit’, who reported to Richard III thus proving that they are indeed the marriage to Elizabeth Gray. Warwick that ‘The tyrannous and bloodied act same contract, together with letters now rails against Edward ‘For is done – the most arch deed of of attorney and conformation from matching more for wanton lust than piteous massacre/ Ever yet this land both sides to the contract. So, long honour/ Than for the strength and was guilty of’. Then he recounted before there were proper roads, and safety of our country’ and so on, until how one of the murderers told him… certainly before telephone, they ‘To repair my honour, lost for him/ I ‘We smothered/ The most brought together individuals from as here renounce him and return to replenished sweet work of Nature/ far apart as what is now Moss Side, Henry’. Louis XI, the spider King, on That from the prime creation e’er she Manchester, Leicester and whom some say Machiavelli based framed’. These lines can still move a Northamptonshire. We tend to be The Prince, naturally changes side modern audience to damp eyes. rather arrogant, well, certainly too. patronising, about our ancestors, I had to have a connection with Henry unconsciously linking their lack of And so they sailed back to England, VII, the cynic who backdated the what we regard as modern facilities to the disasters at Barnet where beginning of his reign to the day with some sort of incapacity. Yet Warwick was killed with Shakespeare before Bosworth, so that all those human capacity does not change giving him powerful dying words, ‘For who fought for Richard III, their very much. We simply learn to use who lived King, but I could dig his anointed king, were guilty of treason, new tools, and so my most recent grave?/ And who durst smile when and there is one from the 15th acquisition is a document from a Warwick bent his brow’ and then on Century. My real opportunity came legal textbook of Civil Law, in Latin, to Tewkesbury shortly afterwards three years outside my self-imposed which I have not tried to translate or where the boy Prince of Wales was century. This is a contemporary have translated. To me personally the killed. document from January 1503 giving significance of a printed document the text of marriage vows exchanged from before the end of this collection Balancing the death of the between James IV of Scotland, of 15th Century documents is that Lancastrian heir to the throne, we represented by the Earl of Bothwell, this one symbolises the vast societal have the murder of Edward’s sons, and Margaret Tudor, then a child. and intellectual change consequent the Princes in the Tower. The This led ultimately, of course, to the on the invention of printing. document is a contract between Stuart dynasty, James succeeding James Tyrrell and Richard Wase, Elizabeth, and in 1608 conveying the And one final self-indulgence. buying and selling the proceeds of lands which had been in the Naughtily outside this particular any judgement in civil proceedings. ownership of the Knights Hospitaller century, a bond signed in 1536 by the The deal is that if Wase is successful until their own dissolution in 1540, to then Lord Mayor of London, and in proceedings brought with the the Middle and Inner Temple. And John Fitz James, at that very time financial support of Tyrrell, Tyrell will so, here we lawyers still are. Chief Justice of the King’s Bench be paid half the proceeds. In other Division, who had earlier been the Beyond Shakespeare I was interested Treasurer of the Inn. Nowadays we in documents with a legal deplore his subservience to Henry connection. The Roll of the Abbess of VIII, giving insufficient understanding Burnham tells the story of daily life of the times in which he lived. The between 1416 and 1418 when kings report of a courageous observation and nobles were battling over at the trial of Thomas More, ‘if the France. My favourite entry shows how Act of Parliament be lawful, then the in 1416 Harry was in mercy for having Indictment is not insufficient’, raised a watered ale, but two years later he constitutional issue about the extent becomes the foreman of the jury of Parliamentary sovereignty which adjudicating on whether someone has not yet quite gone away. And I else had watered the ale. Although it do rather like this observation is completely irrelevant, I recently attributed to him in a 1523 discovered that Shakespeare’s father, manuscript (not, alas, in my John, was for a time responsible for collection) ‘two main principles guide checking the quality of the ale in human nature, conscience and law; Stratford. Another document is a by the former we are obliged in manumission granted by the Abbess reference to another world, by the of Shaftesbury in 1439, manumitting latter in relation to this’. That, too, William Carter from villein status. might be the subject for discussion Until I saw this document I had not on another day. appreciated that this lowly status 24 2020 Middle Templar

LORD CARSON OF DUNCAIRN MASTER TIMOTHY SALOMAN Lord Carson of Duncairn (1854-1935) Barrister, Statesman and Judge Master Timothy Saloman was Called to the Bar in 1975 and educated in Classics and Law at Lincoln College, Oxford. A specialist practitioner in shipping law at 7KBW, he took Silk in 1993 and served many years as a Recorder of the Crown Court. He was made a Bencher in 2003 and, in 2020, Master of the House. Among the pleasures of being the Master of the House is Carson: The Man Who Divided overseeing the Inn’s portraits, a task which allows reflection Ireland – by Geoffrey Lewis on the lives of their subjects. Distinguished figures in the Inn’s life, present and past, are, Second, because for all of Carson’s success in the law, it of course, not only visible to us in portraits. They are also was in politics that he had the greatest impact on the memorialised in the fine, oak armorial panels decorating nation: as the leader and champion of the Ulster Unionists’ our glorious Hall, and in our stained-glass windows, cause, battling against the 2nd and 3rd Home Rule Bills, whence the coats of arms of many Middle Templars, and securing Ulster’s status as part of the United Kingdom Royalty and Peers, including Lord Carson of Duncairn, and its then Empire. Views on the merits of that impact gleam down on us as we dine. sharply diverge, but in reviewing the careers of Middle Of the Inn’s portraits, the largest and grandest are Templars from our past, every impact at the highest level undoubtedly those of the seven Kings and Queens who may command our interest, and, with Carson, his impact dominate the west end of Hall. However, it is in and around was colossal. One may ask: what other actively practising our Bench Apartments that hang the portraits of our Middle Temple barrister or judge stands immortalised by a memorable lawyers, barristers and judges; and in the towering statue, in a major city, dominating its Parliament Ashley Building, where currently hangs the Inn’s portrait of Buildings, as Carson, in Belfast, has since 1933? Lord Carson by P.A. De Laszlo, painted in 1933. Why, then, is Edward Henry Carson my subject? An Irishman, born in Dublin, and called at the King’s Inns in First and foremost, for us lawyers, Carson was an 1877, Carson gained a reputation as a brilliant jury outstandingly successful barrister, who as an advocate advocate and all-round barrister, famous for prosecuting achieved eminence and nationwide celebrity; first, in agrarian crimes in prominent, politically charged cases. Ireland between 1877 and 1892, and then at our Bar, before sitting as a Law Lord from 1921 to 1929. He was invariably victorious and always fearless; in spite of the mob violence his cases would attract outside (and Portrait of Lord Carson by P.A. De Laszlo, sometimes inside!) his courts. From the Parliamentary painted in 1933 Nationalists, Fenians and agitators who deplored, but respected, these successes, Carson attracted the sobriquet ‘Coercion Carson’; during the 1880’s, he also attracted the friendship and political patronage of the society lioness, Lady Londonderry; forged a life-altering friendship with the Conservative, AJ Balfour; and, by 1889, became the youngest ever Irish QC. In 1892, Carson was elected as the Liberal Unionist MP for Dublin University, and appointed Solicitor General for Ireland. Soon afterwards, Carson was introduced to Charles Darling QC MP, who persuaded Carson to seek re-admission to our Inn and to practise here. ‘You let me paint your name outside my Chambers’, said Darling, ‘and you’ll have five times my practice within a year’. ‘I know I won’t’, Carson said, ‘but I’ll bet you a shilling’. A year later, Darling was proved right, and Carson discharged his bet with the gift of a silver-mounted blackthorn stick, inscribed ‘CD, from EC, 1894’. 2020 Middle Templar 25

Carson’s application for English Silk, poisoning); Cadbury v Evening In a cause célèbre, later dramatised in 1894, was rejected, prompting the Standard [1908] where the in Rattigan’s The Winslow Boy, press to remark that this was ‘...to the newspaper’s allegation of Cadbury’s Carson had first to surmount the ordinary intelligence, a piece of indifference to the use of slave labour Admiralty’s claim of Crown immunity flagrant injustice’; but it succeeded in in cocoa it purchased from San and he only succeeded in the Court 1895 and Carson was soon engaged Thome was held libellous; but of Appeal, where one Lord Justice by Douglas, the Marquess of Carson’s cross-examination and kept helpfully interrupting his Queensbury, to defend him against speech led the jury to award opponent with: ‘Yes, yes; but where Oscar Wilde’s libel claim, in Wilde v contemptuous damages of one are the facts? We want the facts’. Douglas. farthing; and Lever Brothers v Associated Press (libel) where the At the hearing Archer-Shee’s On hearing that Carson, whom Wilde impact of Carson’s jury advocacy was evidence was rock-like and Carson considered from his Trinity Dublin so compelling that (as in Wilde) cross-examined destructively, in days to be a worthy plodder, would liability was conceded mid-hearing, particular undoing the postmistress’s be acting, Wilde reacted with and huge damages were agreed. ‘convinced’ identification evidence: amused disdain; but his bravura the Crown surrendered, and the shrank on hearing of Carson’s It was, however, the case of a 13 year press celebrated the outcome as: ‘... reputation, saying: ‘No doubt he will old Naval cadet, George Archer- not so much the triumph of the law, perform his task with the added Shee, dismissed by the Royal Naval as the triumph of a great lawyer, Sir bitterness of an old friend’. College for the alleged theft of a Edward Carson… Even law may be... five-shilling postal order, that inspired impotent without personality’. As everybody knows, Wilde’s claim Carson beyond all others. The boy ended in humiliating defeat for consistently maintained his How did those who knew his himself, and in celebrity for Carson; innocence: but how could this be advocacy appraise it? but Carson wanted nothing to do undone, or the dismissal even with the criminal prosecution that challenged? For Sir F.E. Smith (later Lord followed, vainly attempted to Birkenhead), who appeared against dissuade the Solicitor General from pursuing it and deplored the tragedy The Archer-Shee Case: for Wilde which ensued. Undoing the postmistress’s identification evidence In 1896, Carson co-defended in the In chief, examined by Mr Horace Avory for the Admiralty: major state trial of R v Jameson. Dr Jameson was ‘scape-goated’ and ‘Are you sure that it was the same cadet who cashed the five-shilling order as prosecuted for the failure of his ‘raid’ bought the one for fifteen and six?’ – ‘Perfectly’. into the South African Transvaal, convicted under the Foreign In cross-examination by Carson: Enlistment Act, and briefly imprisoned, but Carson successfully ‘Is there anything in your books to show the order in which postal orders are dealt defended him against various civil with, or the time?’ – ‘No’. actions, enabling Jameson to resume his career and become Prime ‘So that, on the point whether the same person cashed the five-shilling postal Minister of the Cape Colony. order as bought the one for fifteen and six, we must rely on your memory?’ – ‘Yes’. When Solicitor General (1900-1905), ‘Are not all these cadets very much alike?’ – ‘Yes’. Carson led in another major state trial: Rv Lynch [1903]. ’Colonel’ Arthur ‘A ll smart, good-looking boys about the same age?’ – ‘Yes’. Lynch, an Irish Australian and British subject, had fought for the Boers ‘W hen did you first know anything was wrong?’ – ‘The petty officer came up that against the British, was prosecuted, night, and asked me if a cadet had cashed a postal order, who had no right to it’. convicted and sentenced to death for the offence of High Treason in breach ‘It was he who first suggested to you it was a cadet?’ – ‘Yes’. of the 1352 Treason Act, notwithstanding that his acts were ‘D id he say he had given leave only to two cadets?’ – ‘I am not sure’. committed ‘outside the realm’. ‘Did he say that such people were not wanted in the Navy?’ – ‘Yes’. Fortunately for Lynch, and indeed for Britain for whom Lynch gallantly ‘Was he in a very excited condition?’ – ‘I thought so. I have said that he was almost fought in WW1, his sentence was raving’. commuted; but Lynch would prove to be an ominous forerunner for the ‘D id you say a word to anybody that evening about it being the same boy who later bringing of treason charges bought the fifteen and sixpenny order who cashed the five shilling order?’ against another Irish Nationalist, Sir – ‘I did not say it to the petty officer’. Roger Casement, in May 1916. No further appeal, nor mercy of any kind, ‘D id you even say it was a cadet who cashed the order?’ – ‘If I said “I did not” to was extended to Casement. Mr Elliott KC, it must be correct’. Carson acted in many other notable ‘Can you remember anyone else at all having a transaction or conversation with cases, including: R v Chapman you at all that day?’ – ‘No’. (murder of wives and lovers by slow ‘Do you remember the appearance of anyone at all who called that day?’ – ‘No’. ‘Do you remember if any of the cadets’ servants called?’ – ‘No’. ‘So you paid no attention to anybody else that day?’ –’No’. ‘And no one has ever attempted to test your memory on that point until now?’ – ‘No’. 26 2020 Middle Templar

Signing the Covenant in City Hall, Belfast (Ulster Museum) persuasive in the House of Commons or at Ulster rallies as he had already and with him in several cases: ‘Carson Home Rule had still not been got shown himself to be in the law, was the greatest advocate the through and, after the war, its before judges and juries. Nor was English Bar has produced since imposition on Ulster was Carson’s political career set back – or Erskine’; for Viscount Hailsham LC: unattainable. Carson’s narrower even stalled – by his doughty and ‘…the most brilliant advocate of his objective thus succeeded, albeit with likely illegal actions in 1913/14. By day’; for Edward Marshall Hall: ‘I have a Belfast Parliament rather than the May 1915 Carson was appointed had to fight all the men who have Westminster one that Ulster and Attorney General; and in December made reputations …and you are the Carson had wanted. 1916, on Asquith’s resignation, First only advocate I have feared as an Lord of the Admiralty. opponent’; and for Lord Atkin: ‘the Carson and his impact on Ulster and greatest advocate of the lot’. Ireland have attracted differing In 1932, the Inn recognised Carson by opinions. To Ulster unionists, Carson commissioning Philip de Laszlo to In politics, Carson’s career was was ‘the man who laid down paint him. A leading portraitist of the devoted to maintaining the Union of everything, sacrificed everything, to day, he declared his delight at Great Britain with all Ireland, and to come across to Ulster and help her to painting ‘one of the most interesting opposing Home Rule. When that save herself’ (per James Craig, later and picturesque men of our times’. Union could not stand, he devoted Lord Craigavon). To Nationalists, Carson had already twice been his energies to the narrower objective Republicans and others, Carson was, painted by that other great of preserving Ulster within it. for all his acknowledged charisma portraitist, Sir John Lavery, but and power, indifferent to the neither work had pleased him, and Carson forged strong relationships prevalent desire in Ireland as a whole neither possesses the mellow with Conservative leaders, notably AJ for Home Rule or independence, serenity, grace and obvious likeness Balfour and Bonar Law. He accepted content for Ulster’s unionism to trump of this rendering by de Laszlo. In the leadership of the Ulster Unionists Irish democracy, and willing to carry 1958, a charming statuette of Carson and in 1912 inspired 417,414 men and resistance to virtually any length, enhanced our memorabilia. Alas, that women to sign the ‘Ulster Covenant’. even if that led to partition or civil was stolen many decades ago, He pledged, with them, to resist by war. leaving us to treasure our portrait all ‘any means necessary’ the imposition the more. of Home Rule, and he condoned the What people of all persuasions agree running of guns to Larne, to make is that Carson was a formidably that pledge meaningful. By 1914, effective spokesman for his cause, as Carson about to speak at the Blenheim Palace Rally Statue of Sir Edward Carson, (House of Lord Records Office) Stormont, Belfast 2020 Middle Templar On Carson’s death, Britain accorded him a state funeral with full pomp. Conveyed to Belfast by warship, his coffin draped in the Union Jack was carried to St Anne’s Cathedral, where the choir sang his favourite hymn: I Vow to Thee, My Country. He remains the only person buried there; and, at Stormont, his statue retains today its solitary, lofty domination over Parliament Buildings that he hoped would never be required. 27

UNSHAKEN & UNSHAKEABLE MASTER JOHN MITCHELL Unshaken experienced the horror of modern Unshakeable aerial warfare for the first time. Master John Mitchell was Called to the Bar in 1972 and made a Bencher Harold Nicholson, a resident of 4 in 2012. He was appointed a District Judge in 1999 and a Circuit Judge King’s Bench Walk, spent the night of in November 2006, sitting in both the County Court and the Family Tuesday 24 September 1940 at his Court in London. He retired in 2017. Master Mitchell is Chairman office in Whitehall. He heard the of the Middle Temple Historical Society. drumfire of anti-aircraft batteries and wrote in his diary that when they drop During the Great War the damage Temple organised air raid precautions into silence, ‘one hears above them, caused to the Inn’s estate was and staff, residents and members irritating and undeterred, the minimal. An anti-aircraft shell missed volunteered to act as firefighters, dentist’s drill of the German Gotha bombers and fell through the wardens and first aiders. The Inn’s aeroplanes, seemingly overhead, roof of the Queen’s Room without workmen developed an appearing always to circle round and doing more than making a hole in the understanding of the roof structures, round, always ready to drop three floor. Bomb damage was caused to gas controls and water hydrants. bombs and then…crump, crump, the upper floors of 1 Hare Court and Lectures were given on the use of crump somewhere’. a second, unexploded, bomb was stirrup pumps and the danger of gas. found in Hare Court itself. However, The next morning was cold, bright there was no complacency at the However, the training went untested and cloudless but a pall of smoke resumption of hostilities in 1939. during the year of the ‘phoney war’, and the smell of burning stained the Aircraft development and the which ended on Saturday 7 air. As Nicholson reached the Temple experience of civilian bombing September 1940. There followed he found water, soot and burnt paper during the Spanish Civil War and of raids on 56 out of the next 57 nights, everywhere. During the night six Warsaw ensured that preparations during which more than 18,300 tons bombs had hit the Temple. A bomb were swiftly made. The Middle of bombs fell on London. On the had fallen through the roof of Inner seventeenth night, the Temple Temple Hall, wrecking the interior. All the stained glass had been blown Trinity Call in the bombed out Hall in 1941 into Lamb Court where it lay smashed and twisted, Chambers in both Elm Court and Crown Office Row were flattened and two cornice stones from Elm Court, each weighing a ton and a half, had been blasted into Pump Court. A member of the Inn, writing under his pen-name of Cyril Hare, was to recall how ‘the mellow, placid Courts, ghost-haunted by the illustrious dead [had vanished] into ugly heaps of charred timbers and brick dust’. Further damage was caused on Tuesday 15 October 1940 when a parachute landmine fell in Elm Court but it was the force of the explosion rather than impact which caused widespread devastation. Fig Tree Court and Crown Office Row were all but destroyed and roofs and windows were shattered throughout the area from Lamb Building in the east, to Garden Court in the west, and from Brick Court in the north, to Plowden Buildings in the south. A huge piece of masonry was blown through the East Gable of Middle Temple Hall, smashing the gallery and badly damaging the Screen. The next day bewildered people wandered dismayed and angry over ground which was covered by a thick layer of what seemed like brown snow. On the Sunday 8 December 1940, the Hall was thankfully spared further significant damage when a second landmine exploded immediately to its west, creating a crater 18 feet 28 2020 Middle Templar

deep and 40 feet wide and all but in her post-War memoir, Middle Damage to Brick Court after the demolishing the neo-gothic Victorian Temple Ordeal: raid of 15 October 1940 library. 50,000 dust covered books spread three feet deep over the floor Throughout those years, the inmates On Tuesday 12 December 1944 were recovered and following further slept like cats with one ear open ready Queen Elizabeth had dined for the damage a temporary library was to distinguish the ‘alert’ from the first time as a Bencher. Replying to opened in the Common Room on many other sounds to be heard- the the Loyal Toast she spoke of the Thursday 2 January 1941. trams on the Embankment, the river hazards which had been overcome: craft hooting down the Thames, the The nightly watch continued, manned screech of an owl. Five clocks striking, It is well to be reminded that whilst not only by the staff and members of never in unison, the cable in the our walls may crumble, this is of the Inn but also barristers’ clerks. In garden winding the [barrage] balloon small account so long as the virtues January, the Senior Warden was either up or down and from daylight, and graces for which this Inn has mobilised and recalled that his first several local cockerels and the ever stood continue unshaken and night in the RAF was his first night of trumpet sounding Reveille on the unshakeable. It is upon their unbroken sleep for months. TF training ships. foundation that you will rebuild. Hewlett, the Under Treasurer, did not keep a diary of the Blitz. As he later By day, life in the Temple continued And rebuild, the Inn did. explained, ‘As the raids increased in albeit amid novel surroundings. The intensity the chances of survival, Inn kept rabbits and the Inner, hens. A more detailed account of the Inn either of the Temple or its wardens, A cuckoo sat in a tree in Fountain during the War and its post-war appeared small and it hardly seemed Court. Wild plants and grasses rebuilding, written by Master Eric worthwhile’. including rosebay willow herb Stockdale appears in The History flourished in the ruins to such an of the Middle Temple. Middle The threat turned from high extent that a visitor remarked that ‘It’s Temple Ordeal has long been out of explosives to incendiary bombs as good as Kew’. And in 1941 the print but copies are sometimes which fell on the Inn twice in the next Trinity Term Call was held in the available on Amazon. three months. But it was not until the ruined Hall. clear and moonlit night of Saturday 10 May 1941 that three bombs and The war in Europe ended on incendiaries caused significant Wednesday 9 May 1945. Celebratory damage, which was aggravated by bonfires were lit, including one in winds and, because the Thames was Chancery Lane where a sober looking at low tide, a lack of water. The gentleman wearing a wing collar, Master’s House, all but the outer encouraged by a crowd, added walls of the Church, the Cloisters and broken doors to the flames. Harold most of Pump Court were destroyed. Nicholson too noticed the smell of Elsewhere fires raged in both the bonfires as he walked back to the Cities of London and Westminster. Temple: Five Livery Halls and the House of Commons Chamber were lost and Looking down Fleet Street one saw national symbols such as the Tower of the best sight of all- the dome of St London, Westminster Hall and the Paul’s rather dim-lit and then above Abbey damaged. Buildings it a concentration of search-lights smouldered for days. upon the huge golden cross. So, I went to bed. Thereafter further firefighting precautions were taken, including It had all been as Wellington said of using the Fountain and the Waterloo ‘the damn-nearest run thing basements in Brick Court as static you ever saw’. One hundred and water tanks. Nightly watches twenty two of the 285 sets of continued but apart from some chambers and the new library had nuisance raids in 1943 and many been totally lost and all the main nightly alerts, incendiaries fell only buildings had been extensively once more on the Temple. On that damaged. Timber roofs have an occasion nine buildings were elasticity which helps them withstand damaged but the greatest threat was shock but the Hall could not have to the Hall. Although its cupola was survived a direct hit from a rocket. destroyed, hours of firefighting saved and timber is especially vulnerable to the roof. The flying bombs and V2 incendiaries. But the Hall and with it rockets of 1944 also missed the Inn the Inn had survived, in part due to although buildings were further chance but also because of the damaged when two doodlebugs sustained dedication of many exploded nearby. volunteers; staff, members, residents and clerks, who acted as wardens, The experience of night watching watchers and firemen and who during this period was vividly maintained the life of the Inn over described by an anonymous lady five years. barrister and long term Inn resident 2020 Middle Templar 29

THE CEREMONIAL PLATE OF THE MIDDLE TEMPLE MASTER JOHN LESLIE The Ceremonial Plate of the Middle Temple Master John Leslie was a Queen’s Bench market (with a horse and panniers) and had (in later times Master from 1996 to 2016 and has been a at least) various duties in connection with the serving of the Bencher of the Inn since 2002. He was meals etc.’ and, further, quotes a work of 1661, stating that appointed Master of the Silver in 2017. He the pannierman’s ‘Office was to blow the Horn for Dinner grew up surrounded by silver, as his father’s and wait at the Barristers table’. business was in the London Silver Vaults; so he has had an interest in it all his life. The Inner Temple also had a panierman and their Horn remains in their collection. It dates from about 1785 and is The Inn’s Silver Catalogue lists ‘The Ceremonial Plate similar in form to the more modern one in our collection. of the Middle Temple and the New Inn’. In particular This conjures up an audio picture of the potential it describes two ‘Panierman’s Horns’, nine ‘Badges for cacophony as the Horns were sounded around the Middle Watchmen, Porters or Warders’, three ‘Ceremonial Porter’s and Inner Temples as dinner approached. Staves’ and a large ‘Silver Oval Breastplate’. Immediately, some questions may arise: ‘Who was a “panierman” and Incidentally, the writer remembers that the tradition of why did he have two horns?’. ‘What is or was the “New blowing the Horn around the Inn to announce dinner Inn” and why does the Inn have its plate?’ continued into the late 1960’s or early 1970’s (then by the Head Porter). At certain times of the year this was at the The Horns and the Panierman same time as the lamplighter made his rounds of the gas The older of the horns is made from an elephant’s tusk lamps. The legend was then current that the sounding of with five silver bands, but with a replacement mouthpiece the Horn had originated as the means to call the young mounted on a section of buffalo horn; the silver bears gentlemen students of the Inn back from wild fowling in the hallmark for 1716. The Inn’s records show that it was the marshes on the south side of the Thames before the acquired in 1716/17 for the then panierman, Richard door to Hall was locked for dinner. Claypoole. As it is very fragile it has been mounted on a plinth, which bears the date 1927. Its fragility probably Badges and the New Inn led to it being out of use by the early 20th Century as the second horn first appears in the records in 1904. This is There are seven badges for the Middle Temple officers altogether simpler, being entirely of buffalo horn with the and two for those of the New Inn. The former date from rim and mouthpiece in silver; hallmarked for 1903. 1828 to 1851 and have the Inn’s emblem of the Holy Lamb The Oxford English Dictionary gives ‘pannier’ as a variant chased onto them; this derives from the coat of arms of the of ‘panier’ and defines it as a large basket for carrying Middle Temple blazoned, in heraldic terms, as ‘Argent on a food, etymologically originating from the French ‘pain’ plain Cross Gules, the Holy Lamb Or’ familiar to all Middle and Latin ‘panis’ – bread – thus, perhaps, originally a Templars as describing a red cross on a white ground with breadbasket. Its contemporary meaning has come to the Paschal Lamb at the cross. The latter two badges date include the bags or containers slung on a motorcycle, from 1833 and bear the coat of arms of the New Inn, which viz those slung on beasts of burden. The Dictionary then are blazoned as ‘Vert a Flower-pot Argent maintaining defines the word ‘pannierman’ as ‘the name of a paid Gilly-flowers Gules’ which may be described as ‘A silver/ officer in the Inns of Court who brought provisions from white vase containing red carnations on a green ground’. The Panierman’s Horn These were the badges of office of the Watchmen, Porters and Warders of the Inns – each is named and numbered thus: the Middle Temple badges – ‘Watchman No. 1’, ‘2’ and ‘3’; ‘No.4 Watchman and Porter’; ‘Porter No. 5’ and ‘Warder No.1’ and ‘2’ and the New Inn badges – ‘Porter No.1’ and ‘2’. These officers were constituted constables within their Inns. The New Inn was an Inn of Chancery. These Inns (over time they totalled about nine in number) were so called from their origin in about the 14th Century as the offices of and accommodation for clerks in Chancery who were in holy orders; they worked for the Lord Chancellor, who himself at that time was also always a cleric. Although the origin of the names of these Inns and of the Court of Chancery (now the Chancery Division of the High Court) is the same, the members of these Inns, as they evolved, were by no means confined to the Chancery Bar. Over time, the Inns evolved into college-like establishments where students prepared for entry to an Inn of Court, each Inn of Chancery 30 2020 Middle Templar

The Breastplate, used and worn by the Head Porter attached to more modern buildings or groups of buildings (as Clement’s Inn above), although much of the original being attached to an Inn of Court: Gray’s had Staple and premises of Staple Inn has survived and is still in use by the Barnard’s Inns, Lincoln’s had Thavie’s and Furnival’s and Institute and Faculty of Actuaries. Inner Temple had Clifford’s, Clement’s and Lyon’s. So, as an establishment which originally prepared students Middle Temple originally had Strand and St George’s Inns. for admission to the Inn, these badges came into the Inn’s The Strand Inn may also have been referred to as Chester collection upon the demise of the New Inn. Inn as the premises were close by the London house of the Bishop of Chester. However, in the 16th Century, those The Breastplate and the Staves premises, which were situated near the church of St Mary le Strand (the church still in the Strand, now opposite All members of Middle Temple will have seen and be the main entrance to King’s College), were taken and familiar with at least one staff and the breastplate used and demolished to allow for the erection of Somerset House. worn by the Head Porter when he leads the procession of At about the same time the students of St George’s Benchers and guests at formal dinners in Hall. The silver Inn joined their fellows from Strand Inn, because their breastplate bears the coat of arms of the Inn displayed in buildings were falling into disrepair and, at the eastern a garland of flowers and acanthus leaves. It is engraved on end of Fleet Street, were some distance from Middle the reverse with ‘The Messenger to the Hono.ble Society Temple. The students removed to (the then aptly named) of Ye Midle Temple’ and with the letter ‘T’ above the New Inn which was established immediately to the west initials ‘HC’ for Master Henry Chauncy, who was Treasurer of Clement’s Inn in the premises of a hostelry or ‘common in 1685/6. It bears the hall mark for 1686. Inn’ which had operated under the sign of the Virgin Mary as ‘Our Lady Inn’. The site of Clement’s Inn is immediately The three staves are, first and grandest the Inn’s Temple to the west of the Royal Courts of Justice and, although Church Staff. At its head is a Lamb and Flag cast in silver nothing remains of the original buildings of either of these as the finial mounted on a silver pommel and collar, which Inns, the buildings now there, many occupied by the is hallmarked for 1684. The shaft of the staff is lignum vitae London School of Economics and Political Science, retain – said to be the densest wood of all. In procession in the the name Clement’s Inn. Temple Church it is born by the Head Porter alongside his Inner Temple counterpart bearing that Inn’s Church Staff; In the 17th Century the Inns of Court started excluding this is dated to about 1705, fashioned from bamboo with lawyers who were not to practise or who were not a handsome silver finial mounted with the Pegasus of the practising at the Bar. Thus, solicitors and attorneys became Inner Temple. The second staff is the Head Porter’s made the sole members of the Inns of Chancery, although it is of ebony with a silver finial engraved on the top with the evident that some connections between the Inns of Court Lamb and Flag. It is also engraved, on the upper section, and their Inns of Chancery continued until the latter were with the date 1733 with a ‘T’ above ‘CW’, although the staff finally dissolved in the late 19th or very early in the 20th is thought to be earlier, there being no hallmark to verify a Century. All that remain of most of them are their names date of its making. It is also engraved with the words: ‘This Staff Belongs To Ye Honble Society Of Ye Middle Temple’. It has a brass ferule at its foot. The third staff is the Under Porter’s. The silver finial is engraved on the top with the Lamb and Flag and, on the upper section, similarly to the Head Porter’s but with the date 1755 and the cipher for the Treasurer of that year, Master Benjamin Smart – ‘T’ above ‘BS’. The shaft is made of elm and is thought to be a 19th Century replacement of the 18th Century original. It too has a brass ferule. The brass ferules on the feet of the Head and Under Porters’ staves have had to be sturdy. They have had to withstand the three loud and measured blows on the floor (as have the oak floorboards) administered by their bearers in order to announce to the members of Hall that the processions to and from the High Table are about to start. It is curious that those three measured blows are the same as are used elsewhere; most curiously in the mind of the writer as those given at La Comédie Française to announce the raising of the curtain and the start of the performance. But research as to any link between the two will have to await another day. Amongst so many other much more important things in the Inn, one effect of Covid-19 has been the delay in the completion of the display cabinets for a rotating display of items from the Inn’s silver collection. The cabinets have been installed in the vestibule outside Master Treasurer’s room, but final insurance inspection, internal finishes and the finalising of the first items to be displayed have yet to be completed. It is to be hoped that this may be achieved by the end of the year. 2020 Middle Templar 31

JUSTICIABILITY – A FORGOTTEN SAGA MASTER DAVID BLUNT Justiciability - A Forgotten Saga Master David Blunt had an extensive and wide-ranging national unspecified. This brought the legal and international civil practice with particular expertise in proceedings to an end. construction and engineering, information technology, and professional negligence. He served as Chairman of the Inn’s The fact that no justiciability point was Students’ & Barristers’ Affairs Committee from 2007-2012 and was taken by the Government might be the Chairman of the Burton Pupillage Information Committee, dismissed on the basis of my lack of established in 2012. learning and inexperience (I had been Called to the Bar less than two years The Supreme Court`s decision in R (on used its majority to ensure that the before) had I been alone, but the the application of Miller) v The Prime Motion was rejected. whole team consisted of the Attorney Minister [2019] UKSC 41, that the General Sir Elwyn Jones QC, a veteran Prime Minister`s advice to the Queen A Mr McWhirter then applied to the politician, the Treasury Junior Gordon in August 2019 that Parliament should Divisional Court for an order of Slynn, later Advocate General to the be prorogued, gave rise to some mandamus requiring Mr Callaghan to European Courts of Justice and a controversy. Amongst other criticisms, lay the report before Parliament. I was judge of the High Court, the Court of a number of commentators expressed one of the Government`s legal team Appeal, and the House of Lords, and the view that the court`s conclusion in instructed to oppose the application. John Bailey, later the Treasury Solicitor. relation to the justiciability of the issue was ‘novel’ or ‘surprising’. Some  …in later life Mr Callaghan did lay the report before politicians stated that it was simply Mr Callaghan Parliament, together with a draft of wrong, and it appears that perception was ashamed the prescribed Order in Council, and is fuelling suggestions that the of this incident – then, following a debate (HC Deb 12 government might legislate to limit which his official November 1969 vol 791 cc 428 – 555), the powers of the courts. biographer used the Government`s majority to described as reject the Order. It has been said that In my view, the ruling on this issue was ‘a simple in later life Mr Callaghan was ashamed neither novel or surprising, as is gerrymandering of this incident – which his official illustrated by the now forgotten case exercise by biographer described as ‘a simple of R v the Home Secretary ex parte the Labour gerrymandering exercise by the McWhirter (The Times, Tuesday 21 Government’. Labour Government’. October 1969), which concerned proposed changes to constituency In spite of the highly political nature of I do not recall any academics or other boundaries thought to favour the its subject matter, the Government did commentators suggesting at that time Opposition (the Tories) by between not contend that the application was that Mr McWhirter`s application was ten to 20 seats. Needless to say, this not ‘justiciable’, though other points not justiciable. Likewise, no one was an extremely hot political potato were taken. In the event the Court was suggested that the courts could at the time. informed that the Home Secretary did interfere with the ‘proceedings’ in intend to lay the report before Parliament. The points taken reflected The proposed changes were Parliament, counsel for Mr McWhirter the general understanding, held at recommended in a 1967 report of the asked for costs in Mr McWhirter`s that time by lawyers and Boundary Commission for England. favour, and Lord Chief Justice Parker parliamentarians alike, as to the Section 2(5) of the House of expressed reluctance to devote a day boundary between the courts and Commons (Redistribution of Seats) and a half to the issue of costs. The Parliament – established in the Act 1949 provided: court adjourned briefly, Mr McWhirter constitutional settlement substantially agreed to withdraw his application concluded by the end of the 17th As soon as may be after a Boundary and the Government agreed to make Century. I know of nothing which has Commission have submitted a report to an ex gratia payment to him – its occurred since 1969 to call in to the Secretary of State under this Act, he purpose and amount being question what was then the received shall lay the report before Parliament view. together …with the draft of an Order in Council for giving effect, whether with or On a personal level, the case was a without modifications, to the quite a dizzying experience – being in recommendations contained in the a room with the Attorney General on report. the telephone to the Prime Minister, and, at that age, being asked my When, by June 1968, the report had opinion as to the likely outcome of the not been laid before Parliament, pending application. It is one of the Quinton Hogg MP tabled a Motion in excitements of the Bar that there is the House of Commons calling on the always the chance of being catapulted UK Home Secretary James Callaghan into a case of unexpected interest and to implement the recommendations significance, even at a young age. in the report. The Wilson government 32 2020 Middle Templar

BOOK REVIEW MASTER ANDREW LONGMORE Simon Brown’s Memoirs Book Review by Master Andrew Longmore Master Andrew Longmore was educated at Winchester College and Lincoln College, Oxford. He was Called to the Bar in 1966 and took Silk in 1983. A Judge of the High Court from 1993, he was appointed a Lord Justice of Appeal in 2001 until his retirement in 2019. He was Autumn Reader in 2010. This ‘delightful patchwork of memories’ (as Master Brown Available to buy from Amazon modestly calls it) deserves a wide readership among Middle Templars and beyond. It is full of fascinating and paragraph of any judgment of Master Brown was invariably highly amusing stories about life at the Bar and on the a model of how a judgment should begin. He then read a Bench. Nor is it confined to such matters; as its title couple of examples and it was apparent that they suggests there is much about outside interests, his contained a succinct of the issues in the case which anyone prowess (or lack of it) on the golf course among them. could understand. So it is with this book; although narrated Even the introduction tells a good story in which the author in an amusing and detached manner, no word is wasted is castigated by a new and young golfing acquaintance for and any temptation to go into deep legal analysis is firmly having had the same wife, the same house, the same resisted. model of car, the same holiday destination and the same golf club for 50 years. This unnamed City banker The book is loosely chronological (although it is not until suggested that Master Brown must be bored out of his the author is firmly on the Bench that he reveals that he mind. The book is essentially an explanation of how wrong swam the Bosphorus as an undergraduate) and describes that new acquaintance was. the tribulation of his first murder case as well as the pleasure of being a Circuit Judge. He tells how the chair of The curious title stems from an occasion when Master the Norwich Housing Committee, on being invited to Nigel Wilkinson, peeved by a belittling remark from the dinner in the Norwich lodgings and being invited to retire author with whom he was playing in the Scrutton Cup, with the other ladies, proceeded to make apple pie beds deliberately hit the ball onto the roof of the clubhouse at for him and his clerk as a retaliatory gesture. Woking and then insisted that Master Brown should play the ball as it lay. A ladder was procured and our hero was Of all the courts in which Master Brown sat it seems that it required to climb up and play the ball from the roof. may have been the Court of Appeal which he enjoyed the Miraculously he succeeded in getting the ball onto the most but there is no doubt that the House of Lords and the green. Somebody then leaked the story to the Daily Supreme Court gave greater scope to his talents. Only Telegraph which gave it half a page spread, complete with towards the end does a slight note of disillusionment a photograph of the roof and our hero in full-bottomed creep in when he describes some of his colleagues in the wig and court dress. Supreme Court as betraying excessive soft-heartedness. He then gives this as his explanation for ceasing to oppose Golf only occupies one chapter, however, and most Middle Lord Sumption’s appointment to the court straight from Templars may be chiefly interested in the author’s time at the Bar. the Bar and on the Bench. He records Lord Bingham’s advice to a student to ’Go to the Bar – that’s where the I have naturally tried to find an error in the book but that magic is’ and then proves how right Lord Bingham was. He has proved difficult. I would only say that anyone brought tells how a client once took the oath on a steak and kidney up in Shropshire will be surprised to see Gobowen pie, how an apparently guilty teenager on being asked described as ‘a small branch line station’. At the time when how he pleaded said ’I plead, most emphatically, not Master Brown disembarked there to begin his National guilty’ and was indeed acquitted and how an acquitted Service training in 1955, it was on the main line from arsonist told his startled counsel that there was no need to Paddington via Birmingham to Birkenhead. Even now it is worry about his future conduct since he had just landed a on the main line from Cardiff to Holyhead. job as assistant groundsman at Lord’s. Do get and read the book. It is utterly engrossing. But the highlight of Master Brown’s life at the Bar was undoubtedly the time he spent as Treasury Devil. He lifts the lid on both the pleasures and the agonies, which even earned him the right to take part in Lord Denning’s valedictory and said that generations to come would recall that ’short sentences are best, and verbs optional’. I once attended a seminar on Judgment Writing given by Lord Bingham. He began by saying that the opening 2020 Middle Templar 33

BOOK REVIEW MASTER PETER MURPHY The Postcard Murder A Judge’s Tale By Master Paul Worsley Book Review by Master Peter Murphy Master Peter Murphy was Called to the Bar in 1968. In 1983 he was appointed to the committee which created the American Inns of Court Foundation of which he is a lifetime emeritus trustee. From 1998-2007 he was defence counsel at the International Criminal Tribunal for the Former Yugoslavia in The Hague. He was appointed a Circuit Judge in 2007 and sat at Blackfriars and Peterborough Crown Courts until his retirement. He was made a Bencher in 2013 and was Autumn Reader in 2018. My first introduction to Master Paul written inquiry into a judicial mind, Available to buy from Amazon Worsley took place when we were because this is a book concerned less both much younger and plying our with a murder case than with the January of the same year. Moreover, trade at the Bar, I in London and wisdom and foibles of the judge who to the men she took to bed for Master Worsley in a more northerly tried it. I doubt that readers in the money, she was known, not as Emily, clime. A client of mine was foolish legal profession will find any great but as Phyllis. Instantly, the case took enough to expand his horizons mystery in the outcome of the trial, on a dimension other than its first beyond London to try his luck as a any more than the Yorkshire impression of a burglary gone wrong. burglar of commercial premises in soothsayer did in my client’s case. But Men she knew in the King’s Cross Yorkshire. I represented him at his Master Worsley’s analysis of Mr area where Phyllis had plied her trial in York and we were prosecuted Justice Grantham, then as now a trade, whether clients or not, became by Master Worsley, who tells me he controversial figure, makes The suspects overnight as a group. does not remember the case. I do. Postcard Murder a compelling read. The defendant ran the defence of One such man was eventually elected alibi, claiming that at the relevant The story begins on Friday 13 – or, perhaps more accurately, time he had been tucked up in bed September 1907, when the Daily Mail elected himself as the prime suspect. with a woman he should not have reported the discovery of the naked His name was Robert Wood. He was been tucked up with. It turned out body of a young woman, referred to a talented commercial artist and that the lady in question, an essential as Mrs Shaw, in the bedroom of her craftsman in glassware, employed by defence witness, had form for flat in Camden Town. She had been a firm in Gray’s Inn Road, who was attempting to pervert the course of brutally murdered, her head almost rapidly making a name for himself justice. Not promising, as these severed from her body as a result of a with his innovative creations. Wood things go. On the second day of the wound to the throat. The body was was not only a man of previous trial a local solicitor and soothsayer discovered by her husband, Bert exemplary character, but also one approached me in the robing room, Shaw, a restaurant car attendant for seen by friends and colleagues as and in a doom-laden voice, the Midland Railway, on his return kind, courteous and of a peaceful prophesied, ‘It’s a London defence, is from a journey to Sheffield. Bert also disposition. But he was also to that. They’ll not have it up here’. He discovered a postcard album, usually demonstrate another remarkable was quite right: they did not. kept in the living room, lying in the talent – one for putting himself in bedroom with a number of the I was reminded of this traumatic postcards pulled out. A number of episode in my professional life when items of value were missing, Master Worsley asked me to review including Mrs Shaw’s wedding ring, his book The Postcard Murder: A though other equally valuable items Judge’s Tale. The publisher’s back were not taken. cover promotion of the book describes it as a ‘vintage whodunit’, Almost at once, the case took on a which in a sense I suppose it is. But it somewhat scandalous aspect. Emily is a description that misses the Elizabeth Shaw, née Dimmock, was essential point of this imaginative not married to Bert Shaw, though and meticulously researched and they had been living together since 34 2020 Middle Templar

peril by means of disastrously second of the two cases in which the about individuals not only on the ill-judged efforts to prove his unfortunate Adolf Beck was wrongly Bench, but in the political arena. innocence. The worst of these was convicted as a result of misleading Master Worsley devises a fascinating soliciting a former lover, a prostitute identification evidence. This case was mental construct for Grantham’s called Ruby Young, to provide him to prove the basis, not only for our remorse over his conduct of the case with at least one false alibi. His father, contemporary understanding of the of Robert Wood, rooted in Freudian an eminently credible witness, was dangers of evidence of visual psychology: his deprivation of his later to provide him with a credible identification, but also for the mother in childhood, his ‘obsession’ alibi for the actual time of death – creation of the Court of Criminal with Emily and Ruby as part of a which the proposed alibis by Ruby Appeal as a much needed functional ‘Madonna-Whore complex’, and Young did not cover. Wood had appellate tribunal for criminal cases. even an association in the postcard undoubtedly struck up a relationship Grantham had been worried about with the Belgian city of Bruges, which with Phyllis at the Rising Sun pub on the guilty verdict and postponed I will leave it to the reader to discover Euston Road, one of her haunts, sentence pending a further inquiry, for him or herself. I cannot do full though he insisted, almost certainly which swiftly showed that Beck had justice to this construct in a review. untruthfully, that it had begun only a been wrongly convicted. Suffice it to say that it is brilliantly week before her death. He had written and compelling, and does undoubtedly been with her earlier on In his letter to the Home Secretary much to illuminate the kinds of the night of her death. about the Beck case, Grantham said, inference drawn in those days from ‘In a moment, I determined what to circumstantial evidence, which seem Then there was the postcard, which do – to back my own opinion against so alien to what we like to see as our had not been found during the initial the evidence’. That was a fair more scientific approach to such investigation, and was discovered, summary of Grantham’s often evidence today. having apparently been deliberately impetuous approach to his cases and concealed, only two weeks after the indeed to other aspects of his There is much more in The Postcard discovery of Emily’s body. Its content professional work. It is an instinct of Murder to keep the reader enthralled was innocuous enough, a simple which many judges of his time would with Grantham, as a man and a request for an assignation. But an undoubtedly have disapproved. But judge. Master Worsley has provided accumulation of circumstantial it ensured justice for Adolf Beck, and us with a unique insight into a judicial evidence convinced the police that I personally emerged from the book mind in a different time, a time in the man who had written it was the with the conviction that it also did so which, although the outward murderer and had killed Emily during in the case of Robert Wood, despite trappings of the criminal trial may an unsuccessful attempt to recover Grantham’s own misgivings. have changed relatively little, the the postcard. Ruby Young would later judicial mind was very different. It is a give evidence that she recognised Despite his undoubted abilities as a book which perhaps could only have Wood’s handwriting on the postcard lawyer and a judge, Grantham’s been written by an author who when an image of it was published in career was also marked by what The himself exemplified so well the best the press; and Wood would admit to Times called ‘breezy effusions of a qualities of an English trial judge the police, under caution, that he had spirited nature on the Bench’ and by during his distinguished tenure at the written it, although he had not come appallingly ill-judged observations Old Bailey. Highly recommended. forward to say so when it was first publicised. But there was never any direct evidence against Robert Wood, and, but for his own ineptitude, it may be that he would never have been charged. Master Worsley has Grantham sit down in the comfort of his club, the Athenaeum, after the excitement of the case has died away to some extent, and relate his recollections of the case to his son, William, a barrister. His final verdict on his conduct of the case is striking. ‘William, I fear that I got it wrong. I should never have addressed the jury as I did. I was wrong to [comment so strongly on the evidence] … That was a decision for them to make without pressure from anyone, however experienced a criminal lawyer.’ This is interesting on a number of levels. Master Worsley includes Grantham’s obituary in The Times, which refers to his conduct of the 2020 Middle Templar 35

BOOK REVIEW MASTER ANDREW EDIS Court Number One The Old Bailey Trials That Defined Modern Britain by Thomas Grant Book Review by Master Andrew Edis Master Andrew Edis is a judge of the High Court of England and Wales. He was Called to the Bar in 1980, became an Assistant Recorder in 1994, a Deputy High Court Judge in 2001, Bencher of Middle Temple in 2004 and Senior Treasury Counsel in 2008. 40 years ago, in the robing room at St George’s Hall, Available to buy from Amazon Liverpool, I heard an old silk complaining that the abolition of the death penalty had taken all the glamour out of the The wrongful executions of Edith Thompson, Derek Bentley, job. He said that Norman Birkett only did a handful of Timothy Evans, and Ruth Ellis tarnish the memory of the murder cases and was a household name, while he had men responsible for them but only that of Ruth Ellis seems done dozens and no-one had heard of him. I have to have attracted public outrage before it happened. It is forgotten who he was. He would have found much to perhaps the role of the public which is at the heart of this confirm his theory in this fascinating book. fascinating book. These stories show how public attitudes to race, class and sex have influenced jury decisions, and Through 11 detailed accounts of cases heard in Number decisions about cases which were taken by others. If a One Court at the Old Bailey between 1907 and 2003, courtroom reflects society, society should not look at its Thomas Grant charts the shifting emotional and political life reflection in this mirror with any pride. of the nation. Some of the cases will be known to some readers already, but others not. Each account is a gripping Complacency about the system is a common failing in story, brilliantly told and compelling even where the reader judges and lawyers. I recommend this book as an antidote knows what happens in the end. Their collection forms a to that. I began my Bar Finals year a few weeks after the end coherent narrative bigger than its individual parts, fleshed of the trial of Jeremy Thorpe. The judge in that case, Master out by social and legal historical context. Joe Cantley, was a Treasurer of Middle Temple from my Circuit. I appeared before him. He was highly thought of, The last case is the trial of Ian Huntley, in which a guilty man and well liked: a good judge of his time. It took Peter Cook’s was convicted after a fair trial of the terrible Soham satire and Auberon Waugh’s The Last Word accurately to murders, and a woman treated fairly by the judge and the nail his conduct of that trial, which was, to a modern jury in the teeth of public hostility. That is just as well. Most sensibility, terribly unfair. It happened in living, and to me at of the first ten are, in one way or another, miscarriages of least, recent memory. justice. Even where the outcome was right, there are disturbing aspects to them. The system of criminal justice, After exposing the frailty of the criminal justice system as the of which we have always been proud, is held up to humane 20th Century wore on, Grant identifies the cumulative effect and fair scrutiny and is seen to have failed many of the of improvements all the while. The partial defences to major tests it faced. murder and the abolition of the death penalty reduced the emotional intensity of trials. The tape recording of police The role of advocates in securing these outrages, and the interviews, improved investigative and forensic techniques, active collusion of a series of flawed judges is examined by prosecution disclosure and effective judicial recruitment and an insider and historian. Sir Edward Marshall-Hall KC training have combined to produce fairness and accurate appears as a manipulative charlatan whose later career was results. Court Number One is not as entertaining now and built on the trial of Robert Wood in the Camden Town its lawyers not so famous, but at the modern Old Bailey Murder in 1907. He seems to have done the case quite justice is not just a statue on the roof, but a fact of life. I can badly. He may, though, have been helped by the fact that say that the Old Bailey today deals in fair trials with proper the judge told the jury to acquit his client. The defendant results, but then ’he would, wouldn’t he?’ seems at this distance to have been fairly clearly guilty. Well done, chaps. The antics of Marshall-Hall were successful, perhaps even justified, in cases where death awaited convicted defendants, where disclosure of material helpful to defendants was not required, and where investigation was in its infancy. Perhaps anything which balanced the scales was acceptable. What is surprising to modern eyes (and those of Patrick Hastings QC, 1880-1952) was his methods were thought to be successful. 36 2020 Middle Templar

BOOK REVIEW MASTER JOHN DYSON Equal Justice by Frederick Wilmot-Smith Book Review by Master John Dyson Master John Dyson was Master of the Rolls for four years until he retired in October 2016. He was a Supreme Court Justice from 2010-2012, a Lord Justice of Appeal 2001-2010 and a High Court Judge 1993-2001. Master Dyson was Treasurer of Middle Temple in 2017. Nobody would seriously question the importance of Available to buy from Amazon having a just legal system in a democratic society. Just laws are a necessary condition of such a system, but they are There is much else to savour in the book to which it is not sufficient. It must also provide for individuals to be able impossible to do justice in a short review. It is scholarly and to have their rights vindicated fairly in accordance with just very thought-provoking. I cannot recommend it too highly laws. For centuries, philosophers have written about what to anyone who is interested in the fundamental question of constitutes a just law. But as Frederick Wilmot-Smith points what makes a legal system just. out in this important book, the design of a fair legal system to apply just laws has been ignored by almost every moral, The Free Representation Unit has been around legal and political philosopher since Socrates, Plato and since 1972. Since then we have offered an unrivalled Aristotle. Nowhere has there been any sustained opportunity for junior lawyers, particularly Bar consideration of how the structure of a legal system might students, to gain advocacy experience at the start affect the justice of laws, or what a just system of of their careers. Many distinguished silks had their administration of laws would be. first advocacy experience representing a FRU client. We work in the areas of employment, social security This is the gap which this book seeks to fill and it does so and criminal injuries compensation. We act both at most impressively. In a mere 200 pages, it covers a great first instance and in appeal tribunals. Many of our deal of ground. It is replete with the learning of other clients are vulnerable and on low incomes and philosophers and rich in references to literature (from without our assistance they would likely be litigants classical Greek authors to Shakespeare and many others). in person. Each year on average FRU represents The almost 50 pages of endnotes are worthy of study in around 500 clients and trains around 1000 students. their own right. They mention the breath-taking amount of To find out how you can volunteer for us or make learning on which the author has drawn. a donation to support our work, please visit our website www.thefru.org.uk This a work of philosophy. Its basic thesis is that, if justice is to be provided at all, it must be provided equally for all, without regard to arbitrary factors such as race, gender, class or wealth. Much of the focus of the book is on the role of wealth: inequalities in who gets justice should not be a function of different financial circumstances. So a market in legal resources is a bad way of distributing them. It does not approximate to the ideal of equal justice, because it makes outcomes turn on antecedent wealth rather than the merits of the claim. This leads to the conclusion that a system that affords all would-be litigants a basic level of legal resources will not suffice. And yet this is all that our current system aspires to do. Instead, what is required is a system which provides for an equal level of resources to the parties in an individual case. This can only be achieved by making it impermissible to contract out of the public provision of legal services and providing for a far more centralised control of the legal professions and individuals’ choices to engage lawyers than we currently have. The author also says that it means that it should not be possible to contract out of the public court system by having disputes resolved privately, for example, by arbitration. He recognises that these are controversial suggestions, but he does not flinch from meeting head on some of the principal objections to them. 2020 Middle Templar 37

AMITY VISIT TO CANADA MASTER DAVID BEAN Middle Temple Amity Visit to Canada Master David Bean was Chairman of the Bar in 2002, a Scott Maidment, President of The High Court judge in 2004, Presiding Judge of the South Advocates’ Society of Canada and Eastern Circuit from 2007 to 2010, and a Judicial our in-house team of Colin Davidson, Appointments Commissioner from 2010 until 2014. In Director of Membership and 2014, he was appointed a Lord Justice of Appeal. From Development, and Oliver Muncey, 2015 to 2018 he was Chairman of the Law Commission. Membership Manager. He was Treasurer in 2019. The group comprised 58 members of Each September for the past 15 So, I decided that during my the Inn and 35 guests. The most years, except when the world is in Treasurership we would visit Canada. senior were three former Treasurers: lockdown, Middle Temple has made Our own jurisdiction and Canada Masters Igor Judge, Derek Wood an Amity Visit to another common have much in common, including a and Stanley Burnton, respectively law jurisdiction. There are many firm commitment to the rule of law, a called in 1963, 1964 and 1965. Three purposes to such a visit. It judiciary appointed on merit and student members were with us as strengthens the Inn’s links with deciding cases without regard to guests of the Inn including Rebecca members in the host jurisdiction. It party political considerations. The de Hoest, winner of the Middle enables Middle Templars in England Inn’s links with Canada go back a Temple International Essay and Wales to meet judges and long way (for example, the competition for 2019. lawyers working in another country celebrated novelist John Buchan, a and to hold discussions, seminars, member of Middle Temple, was Canada is of course a vast country, moots and social events. It promotes Governor-General of Canada from and we could not visit all parts of it in the professional interests of members 1935 to 1940). These links were a week. I settled on Ottawa, the who are seeking work in or from the strengthened in 1966 when Master federal capital and home of the host jurisdiction. It is also an Harold Fox, a leading patent lawyer, Supreme Court of Canada and opportunity to show our support for published a scholarship fund which Toronto, the country’s largest city and advocacy and the rule of law since 1985 has enabled young commercial hub. We began in throughout the common law world. graduates who have passed the Ottawa at a reception in the garden Ontario Bar exams to spend ten of the British High Commission, on a Over the last decade the Inn has months in London and recently bright, sunny evening in September. made Amity Visits to the US, South Called Middle Templars to spend ten ‘What a wonderful place to be Africa, Hong Kong, Malaysia, months in Toronto. posted’, I said to a senior member of Gibraltar, Mauritius and Barbados, the High Commission staff. ‘Yes’, she but until 2019 we had not been to In planning the trip, we had advice replied, ‘but you might not like it as Canada since a small group went from Master Graeme Mew of the much in February. Winter is a serious there in 2004. Superior Court of Justice for Ontario, business in Canada.’ Bench Call at Osgoode Hall. From left to right – Masters Richard Wagner, The next day, after a visit to the David Bean and Sheila Block Supreme Court and a question and answer session with Justice Andromache Karakatsanis, we had the privilege of hearing an outstanding keynote address by Master Rosalie Abella, the senior Associate Justice of the Supreme Court. This was the only one of the Treasurer’s Lectures for 2019 delivered at a venue other than Middle Temple Hall. Master Abella’s talk ranged over Aeschylus’ Eumenides, CP Snow’s lecture on The Two Cultures, and Michael Frayn’s play Copenhagen. At the end of it, Master Abella said: You cannot be born in the shadow of the Holocaust to two Jews who survived it without an exaggerated and fearless commitment to the pursuit of justice. You cannot grow up indifferent to a just rule of law when every adult you love 38 2020 Middle Templar

experienced the horror of its subversion. Bench Call and Dinner at Osgoode Hall And you cannot live a life without idealism when the very fact of your birth bottleneck for new entrants to the Master Rosalie Abella delivering reflects a tenacious belief, by parents profession; and the fine line to be her Treasurer’s Lecture at the whose only son had been one of the drawn between zealous advocacy National Arts Institute war’s six million martyrs to injustice, that and professional misconduct. The the world would turn fairer. programme ended with a farewell reception at the top of the CN Tower. My father died a month before I finished The whole visit was immaculately law school, but not before he taught me organised – a tribute to the skills of that lawyers are democracy’s justice the tried and tested firm of Davidson warriors, the people who protect rights, and Muncey. We are lucky to have and by protecting rights, protect justice. them at the Inn. And that is why I’m so honoured to be asked by the lawyers and judges of the Amity Visits are a superb opportunity Middle Temple, my Temple, to speak to for members of the Inn at all stages them about our shared enterprise of of their professional careers not only protecting justice. to broaden their legal horizons by meeting colleagues in the host My life started in a country where there country but also to enhance the had been no democracy, no rights, no collegiality of the Inn by getting to justice. No one with this history does not know one another better than we feel lucky to be alive and free. No one otherwise would. We can only hope with this history takes anything for that once the Coronavirus crisis is granted. And no one with this history over, more Amity Visits lie ahead. does not feel that we all have a duty to Meanwhile the Canadian trip was a wear our identities with pride and to memorable one for all of us. promise our children that we will do everything humanly possible to keep the The Middle Temple Delegation at the Supreme Court of Canada world safer for them that it was for their grandparents, a world where all children, regardless of race, colour, religion or gender, can wear their identities with dignity, with pride and in peace. On to Toronto, where our first hosts were The Advocates’ Society. The next day we had a moot and discussion on Appellate Advocacy held, appropriately, in the Rosalie Silberman Abella Moot Courtroom at the University of Toronto. The leaders on each side were senior Canadian lawyers: the juniors were Michael Harwood, President of Middle Temple Young Barristers’ Association and Ben Joseph, President of the Middle Temple Students’ Association. Each of them was a credit to the Inn. The evening saw a dinner in Osgoode Hall and the Call to the Bench of Master Richard Wagner, Chief Justice of Canada, and Master Sheila Block, a distinguished litigator at the firm of Torys LLP (yes, really) and President of the Harold G. Fox Educational Fund: both made excellent speeches on their debut. During dinner, we were reminded of the existing friendship between Middle Temple and Osgoode Hall, as we were flanked by five clusters of four long metal flambeaux the Inn had donated to the Law Society of Upper Canada in 1969, presented by Master Harold Fox himself. On the last day of the visit we held three short seminars with Canadian colleagues on directions to juries; the 2020 Middle Templar 39

THE ADVOCATES’ SOCIETY SCOTT MAIDMENT Reflections on a Declaration of Friendship Scott Maidment was Called to the Bar of Newfoundland in 1989 and the Bar of Ontario in 1992. He studied law at Queen’s University and the London School of Economics. Scott is a partner with the Canadian law firm of McMillan LLP. He was elected President of The Advocates’ Society and Chair of its Board of Directors in 2019. At the time of writing, Saturday 7 March 2020 is only a few Scott Maidment and Master David Bean at The weeks past and yet it seems to me now like a day from a Advocates’ Society during the Amity Visit to Canada bygone era. That Saturday found me at Cumberland Lodge in Windsor Great Park, far from my home in Leveson read aloud the Declaration of Friendship and then Toronto, Canada. As President of The Advocates’ Society, I signed it. As I then took up the pen and put my own hand had been invited to join members of the Middle Temple to the paper, I was struck by a humbling thought: ‘While I for a weekend of training pupils in advocacy. Readers will had enjoyed many friendships, I had never before remember that those were the days when new friends were “declared” one’. Suddenly I felt as I did when a child at met with a handshake, when there was shared laughter school, and some classmate’s good example taught me over cocktails, and when dinner conversation ranged over more in a moment than I could learn in a full term of diverse subjects unconnected to the trials of a life in classes. lockdown. In the weeks of relative isolation that have followed that For those who may not know, The Advocates’ Society are a signing at Cumberland Lodge, I have had ample time to volunteer organisation of some 6,000 advocates practising reflect on what it means to declare one’s friendship with throughout Canada. Founded in Toronto nearly 60 years another, and why it is fitting that Middle Temple and The ago by a small group of leading advocates, The Advocates’ Society should be friends. I now offer those Advocates’ Society today enjoys a place of prominence reflections to the members of both great institutions. within the Canadian legal firmament. Among other things, we pride ourselves on being the premiere organisation in In reflecting upon what it means to declare one’s Canada for the training and development of advocates as friendship, I believe it must first be said that a declaration well as the leading voice for advocates within the Canadian of friendship is an expression of trust. We express our trust justice system. Our mission includes thought leadership in that our friend not only understands that certain things are advocacy practice, the cultivation of civility and collegiality meaningful to us, but that our friend also understands the at the Bar, enhancing access to justice, improving the value of those things. In this sense, to declare one’s administration of justice and supporting the rule of law. friendship is to bestow an honour upon our friend that is both glorious and intimate. At Cumberland Lodge, I was privileged to participate in an intimate signing ceremony with Master Brian Leveson, There is perhaps no firmer basis for friendship than mutual Treasurer of Middle Temple. Together we signed a respect for one another’s commitment to a common Declaration of Friendship made between the Honourable purpose. Our respective members are advocates and Society of the Middle Temple and The Advocates’ Society. judges, and so we practice the same crafts and share many Middle Temple had proposed the Declaration following its similar traditions. We are each dedicated to the rule of law Amity Visit to Canada in 2019, during which members of and we work to support the proper administration of The Advocates’ Society had been pleased to join Middle Templars for a number of stimulating events in Ottawa and Toronto. The proposal of the Declaration had been a touching gesture by Middle Temple, and it had been warmly received. A room full of pupils and instructors looked on as Master 40 2020 Middle Templar

Scott Maidment and Master Brian Leveson signing the subtly but meaningfully altered. Things that mattered not ‘Declaration of Friendship’ at Cumberland Lodge to us alone now matter to us for our friend’s sake. The claim of friendship thereby alters those lights that guide justice, and so we share a common mission. We each our actions. That is not to say that friendship is a relation in believe in the value of advocacy skills training and the the nature of a bargain, or that friendship deprives us of cultivation of professional excellence, and so we share a ultimate dominion over our own conduct. It is to say only common aspiration. For each of us, our Declaration of that in friendship we are given the choice of whether to act Friendship affirms our trust that the other understands that in accordance with the trust implicit in that relationship. In those things are meaningful to us, and that the other that choice lies our opportunity to prove that we are understands the value of those things. worthy of that trust. A declaration of friendship is also a promise that we will Reflections in thought, like reflections of light, can reveal to care for the interests and welfare of our friend. We thereby us what had before been obscured from our view. My own affirm that our friend’s fears and hopes are fears and hopes reflections on our Declaration of Friendship have caused of our own, that our friend’s disappointments will be our me to see a number of events in my life in a refreshing new own disappointments, and that our friend’s success will be light. I will close by relating one such event in particular, as in some measure our own reward. It is fitting that it should it happened to me in Middle Temple. be so between us, for we are in large measure stewards of a shared legacy and guardians of a shared future. The In the Winter of 2019, on the threshold of the relationship skilled and ethical practice of advocacy and the proper between Middle Temple and The Advocates’ Society, I was administration of justice are values that are advanced invited to luncheon in Middle Temple Hall. It was the first everywhere when they are advanced anywhere. In a similar time I had met my gracious hosts, Master David Bean (then vein, a threat to the rule of law or judicial independence in Master Treasurer) and Master Michael Bowsher. We the United Kingdom is in some measure a threat to those discussed plans for the Canadian Amity Visit, and when same values in Canada. To be effective in our role as lunch was finished, Master Bowsher kindly took time from stewards and guardians, we must fully appreciate the value his busy practice to lead me on a tour of the Inn. In the of those things we seek to sustain. In caring for what is span of an hour I received a delightful education on the valued by our friends, we inevitably see more clearly what history of the Inn, of Middle Temple Hall, of Temple Church is of value to ourselves. and the Knights Templar. He noted architectural features for me and described their provenance. He illuminated Finally, a declaration of friendship is an acknowledgement historical ties between the Inn and the Bar in Canada, and of the unspoken claim that our friend has upon our actions. between the old world and the new. It was fascinating to In a friendship our priorities and our moral compass are me. I marvelled at his knowledge, his warm enthusiasm for his subject, and his kindness in sharing it with me. At the time, I enjoyed it immensely, and I was grateful to him for his hospitality. After reflection, however, I have come to understand more fully what was taking place that afternoon at the Inn. Master Bowsher wanted me to understand what things were meaningful, and he wanted me to understand the value of those things. A simple invitation to this form of understanding is perhaps the first necessary act in the formation of a friendship, and it is a powerful one. To be trusted to understand, however, is more powerful still. It is an act both glorious and intimate. On behalf of The Advocates’ Society, please permit me to say now to the Master Treasurer, to Master Bowsher and to all Middle Templars: we understand what things are meaningful to you, and we understand the value of those things. 2020 Middle Templar 41

THE EUROPEAN COURT OF JUSTICE PENDING BREXIT  GEORGINA REA Business as Usual at the European Court of Justice Pending Brexit Georgie Rea received the Middle Temple Young Barristers against Croatia on Friday 13 July Association Overseas Internship Award and The Hon Sir Peter 2018. Slovenia sought a declaration Bristow Scholarship to support her placement in the Cabinet that Croatia had failed to fulfil of Judge Christopher Vajda at the ECJ last summer. Since its obligations under EU law by returning from Luxembourg, Georgie has secured pupillage not complying with an arbitration at Garden Court Chambers to commence October 2021. agreement between the two States intended to resolve their border A resounding theme ran through the the eventual establishment of an dispute. Croatia submitted that, as cases which coloured my traineeship ‘Investment Court System’ (ICS). the alleged infringements arose from at the European Court of Justice a border dispute, which is a matter (ECJ): the EU’s relationship with The issue at the centre of the of international law, the ECJ lacked the international legal order. In discussion was the external autonomy competence to hear the case. The its early years, the Court strove to of the EU legal order. Many of the Court addressed the question of cement the principles of autonomy, questions directed at the panel admissibility in a separate hearing consistency and uniformity of EU concerned the decision in Achmea, on Monday 8 July 2019 under Article law across its Member States. The C-284/16, where the Court held that 151 of the Rules of Procedure. In the relationship between domestic international arbitration between months between the hearing of the courts and the ECJ established Member States under bilateral case and the release of Advocate through the preliminary ruling system investment treaties would not be General Priit Pikamäe’s opinion, I became the lifeblood of this internal compatible with EU law. Opinion 1/17 conducted research alongside the autonomy. However, having soothed makes a clear distinction between Cabinet’s référendaires into the the Member States’ teething pains the intra-state arbitration in Achmea question of admissibility. brought about by the creation of this and dispute resolution under CETA, new legal order, in its adulthood the as the latter represents an agreement In the judgment published in January Court is also tasked with preserving between the EU and a third state. of this year, the Court stressed the identity of the EU in the face of This harks back to the idea that its lack of jurisdiction to give a globalisation and rapidly developing internal legal autonomy is a battle the ruling on the interpretation of an norms of international law. During Court considers it has already won. international agreement concluded my traineeship, I encountered by Member States whose subject three cases in particular which truly In order to make a finding of matter falls outside the areas of impressed upon me the challenges compatibility, the opinion defines the EU competence. The Court held this evolution presents to the CJEU. jurisdiction of the Tribunal as narrowly that the infringements of EU law as possible, stressing that the Tribunal pleaded were merely ancillary to Opinion 1/17 of The Court on the would not interpret, apply or make the alleged failure by Croatia to Comprehensive Economic and Trade binding interpretations of EU law comply with the obligations arising Agreement (CETA) (other than the provisions of CETA), from the arbitration agreement but merely examine it as a matter and award at issue. The Court On Tuesday 30 April 2019 the of fact. Several panellists felt that rejected the submission that the Court held, in Opinion 1/17, that the Court’s hands were tied in this arbitration agreement formed an the mechanism for the resolution matter by the active role assumed by integral part of EU law, thereby of disputes between investors and the Union in creating such treaties. protecting the Court’s exclusive States provided for by the Euro- The political realities of EU external jurisdiction and the autonomy of Canadian free trade agreement relations, particularly in respect of the EU legal order. However, whilst (CETA) is compatible with EU law. investment treaties, has forced the noting that competence in respect In light of this opinion, a roundtable Court to move away from excessive of border demarcation is a reserved event was hosted by the Max Planck formalism, protecting only the most competence, the Court reached Institute of Luxembourg, which fundamental features of autonomy. a compromise by requiring the brought together members of the two Member States in question European institutions and academics Slovenia v Croatia Case C-457/18 to strive sincerely to bring about to discuss questions raised by a definitive legal solution to the the creation of a CETA Tribunal My largest research task during the dispute consistent with international and Appellate Tribunal, as well as placement concerned infringement law under Article 4(3) TEU, thereby proceedings, brought by Slovenia demonstrating its commitment to the strict observance of international law under Article 3(5) TEU. 42 2020 Middle Templar

Flora Curtis, Trainee at the EFTA Court and a member of Lincoln’s Inn, and an effective remedy to infringements Georgie Rea, at the ECJ of the rights under the GDPR for the purposes of Article 47 EUCFR. In the As in the Opinion 1/17 above, the to data transfers, irrespective of Court’s previous cases, it makes clear Court has been forced to grapple the level of protection in the third that a decision of an administrative with the tensions between internal country. However, he highlighted authority does not, by itself, satisfy and external autonomy. In turn, the obligation on data controllers the condition of independence in the Court has reached for the to suspend or prohibit a transfer respect of the right guaranteed by fundamental principles contained in when the standard clauses cannot Article 47; rather, it must be subject the text of the Treaties to highlight its be complied with due to conflicting to oversight by a judicial body with exclusive competence to define its obligations under the law of the third jurisdiction to consider all of the own jurisdiction, and the jurisdictions country of destination. relevant issues. of external tribunals. Much of the hearing was dedicated Whether the Court will address Data Protection Commissioner v to the adequacy of the safeguards the question of the Privacy Shield’s Facebook Ireland Limited (Schrems surrounding access to the transferred conformity with the EUCFR and II) Case C311/18 data by the US intelligence GDPR remains to be seen. However, authorities and the judicial protection the AG’s Opinion in Schrems On Tuesday 9 July 2019, the Court available to the persons whose data II demonstrates that questions heard the Schrems II Case, a is being transferred. However, the surrounding the EU’s jurisdiction landmark hearing, not least because Advocate General concludes that the over emerging areas of EU it was the first time the ECJ heard Court will not need to consider the external law will force the Court to representations from the United legality of the new ‘Privacy Shield’ reconsider questions of compliance, States government. After the decision, replacing the Safe Harbour competence and autonomy. ‘Safe Harbour’ framework for data agreement, as the current litigation transfers between the EU and US is concerned only with the validity of Conclusion was declared invalid in Schrems I, the Standard Contractual Clauses. many data controllers relied on the The law surrounding the Court’s Commission’s Standard Contractual However, AG Saugmandsgaard jurisdiction and its interaction with Clauses to continue transferring data Øe stressed that whilst the US external tribunals gains increasing across the Atlantic. Government has committed to importance as the UK becomes a rectify any violation of the applicable ‘third country’ post-Brexit and its In Advocate General rules, the Privacy Shield is not relationship with the EU transitions to Saugmandsgaard Øe’s opinion accompanied by any legal safeguards one governed by international rather of the case, published Thursday which concerned individuals could than EU law. Since I returned from 19 December 2019, he found the rely on. In turn, he doubted whether Luxembourg at the end of October, Standard Contractual Clauses the external, extrajudicial remedy we have seen the Brexit deadline to be valid under EU law. He mechanism contained in the Privacy pushed back once again, passing on considered that they provide a Shield, namely the appointment of Friday 31 January 2020. general mechanism applicable an Ombudsperson, would constitute Although the current Covid-19 crisis has forced the Brexit debate out of our headlines, the global response to the pandemic presents its own jurisdictional issues. The World Health Organisation lacks legal enforcement mechanisms for breaches of the International Health Regulations, and some of the measures aimed at preventing the spread of the virus may conflict with World Trade Organisation law, particularly in respect of patent protection granted to vaccines. As such, in the coming years, we can expect legal actions to be brought before tribunals of varying competencies, including the ECJ, and these jurisdictional questions are likely to emerge anew. I would like to thank both Christopher Vajda QC and the former members of his cabinet, the Middle Temple Young Barristers’ Association, and the benefactors of The Hon Sir Peter Bristow Scholarship for their generosity in supporting my placement. 2020 Middle Templar 43

CROSS BORDER PRACTICE IN EUROPE AND BREXIT  MASTER HUGH MERCER Cross Border Practice in Europe and Brexit Master Hugh Mercer practises from Essex Court Chambers. He took Silk in 2008, is a Bencher and a Deputy High Court Judge. He specialises in litigation involving issues of EU law, public and private international law, foreign law and public law and chairs the Future Relationship Working Group of the Bar. He is the Former Leader of the European Circuit. Barristers are in demand to appear in international (Case 55/94, Gebhard, §25). Bar membership alone does tribunals which are located in various EU Member States: not prove establishment but the obligation to register the International Court of Justice, the European Court with a Bar under Directive 98/5 will assist in providing of Human Rights, the International Criminal Court, the evidence of establishment. If you are wondering whether International Tribunal for the Law of the Sea, the Court to take advantage of the WA (either as an EU lawyer or as of Justice of the European Union (CJEU) and many a barrister), you might consider a door tenancy/of counsel institutional and ad-hoc arbitral tribunals. For the CJEU arrangement. When put together with work carried out/ in particular, ever since the trailblazers of the Bar set up attempts to generate work prior to Tuesday 31 December Charlemagne Chambers in Brussels in the 1970s, barristers 2020, this would assist in proving establishment. have been recognised as among the best advocates in that Court – as Judge Skouris remarked, ‘when we see a wig, If there is no FTA with the EU, the position for barristers we listen’. London has been a hub for EU law advice with is not promising under GATS. Current EU/UK GATS many non-EU companies looking to London for advice and commitments apply to employed persons but not to representation. What is going to change? independent professionals (i.e. barristers). Business visitor status would cover barristers for conferences but For international tribunals, barristers will generally retain not paid work. The long list of reservations by Member their rights to represent clients under the relevant treaty States (nationality, residence, restriction on fly in fly out, six establishing the court or tribunal. However, in addition, years’ qualification etc.) in previous EU trade agreements they will need a Schengen visa unless a free trade evidences a variety of likely restrictions applicable on a agreement (FTA) with the EU provides otherwise. For the state by state basis on the provision of legal services in CJEU, barristers need to join the bar of an EU Member the EU by barristers after the end of the Implementation State in order to continue to satisfy Article 19 of the CJEU Period. Statute. That will not however exempt them from the need to obtain a visa unless either there is an FTA or they qualify In terms of a possible deal, though the draft EU and UK as frontier workers under the Withdrawal Agreement (WA). agreements are quite different in structure, they appear relatively similar (and ambitious) in their objectives for legal EU law continues to apply to barristers and they therefore services. The Bar Future Relationship Working Group has retain the right up until Tuesday 31 December 2020 to engaged with the EU and the UK authorities to press for an establish themselves in any EU state under their home agreement which guarantees: the right to practise under title, i.e. barrister. They may also seek to qualify locally home country title; a practical route to requalification; either by taking an aptitude test under the Professional freedom for Bars to improve bilaterally (by a mutual Qualifications Directive or via three years’ continuous recognition agreement) on any deal and reciprocal rights practice in host state/EU law. for provision of services without visas. The current problem with the last point is the position of the UK Home Office The WA makes the rights in the previous paragraph whose policy is that incoming independent professionals particularly important because the definition of a frontier need to have a visa and be sponsored. Needless to say, worker refers to a person who is established in the EU but the Bar Council is engaging with Government on that not to one who habitually crosses the border to provide point too! services (i.e. Article 49 but not Article 56 TFEU). Taking advantage of the WA is the best way to protect your rights going forward. You obtain the right to equal treatment plus social and tax advantages as set out in Article 25 WA. You are likely to be required to obtain a document certifying this status and both the UK and France for example have announced that they will be requiring such a document. Bearers of that document are not subject to visa requirements in the host state (Article 14(2) WA). The notion of establishment has been said by the CJEU to be ‘a very broad one … [participating] on a stable and continuous basis in the economic life of [the host state]’ 44 2020 Middle Templar

MIND THE GAP CATRINA LAM & CORDELIA YEUNG Mind the GAP The General Adjourned Period and the Coronavirus Pandemic in Hong Kong Catrina Lam was Called to the Hong Kong Cordelia Yeung was Called to the Hong Bar in 1999. She is a member of Des Voeux Kong Bar in 2018. She is a member of Chambers. Catrina was a former Middle Alan Leong S.C.’s Chambers. She is Temple Scholar and has been Secretary of developing a broad civil practice with a the Middle Temple Society in Hong Kong focus on commercial and family matters. since 2009. She was appointed an Cordelia was a former Middle Temple Honorary Member of the Middle Temple Scholar and has been assisting the in 2018. Middle Temple Society in Hong Kong since 2019. The word ‘unprecedented’ has been requirements. Judges would consider experience of using VCF in all of its thrown around in the last few months which of their cases might be suitable glory and unreliability. Frequent when speaking of the global for remote hearings using VCF. conversations among barristers now Coronavirus pandemic. This too revolve around the ease of using captures the sentiment felt among Following the Guidance Note, in Zoom and Bluejeans, and the the wider community and legal CSFK v HWH [2020] HKCA 207, the relevant security issues. community in Hong Kong, including Court of Appeal confirmed that there barristers and fellow Middle was nothing restricting the mode of The pandemic has profoundly Templars. receiving submissions and evidence affected the work of both civil and as long as the judges sat in the High criminal practitioners in private Days after the virus first reached the Court. Judges could determine the practice at the Bar. With reduced city, the judiciary began the General mode of hearing as a matter of case court work, and clients reticent to Adjourned Period (GAP). The Courts, management if the dual requirements litigate or continue with ongoing and its registries and offices, were for fairness and openness were proceedings, livelihoods are affected. closed from Wednesday 29 January satisfied. Provided that an official and These times have been particularly 2020 onwards, subject to urgent and accurate record could be kept for the difficult for barristers under 7 years essential hearings and matters. For hearing, there was no reason not to Call for whom it is not uncommon to litigants, the oft-quoted maxim embrace VCF hearings. Additionally, foot a HKD20,000.00 bill (around attributed to William Gladstone, Mr Justice Yeung conducted a £2,000) for office rent every month. In ‘justice delayed is justice denied’, judicial review application through March, the HKBA announced a rang ever true. video-conferencing in Lui Chi Hang scheme to enable young barristers to Hendrick v Independent Police obtain interest-free loans to offset The GAP threw into sharp relief the Complaints Council [2020] HKCFI expenses. need for the Hong Kong judiciary to 614. The remote hearing took place embrace technological on Tuesday 7 April 2020. Barristers The training received by the current developments. The Courts found made oral submissions from pupil barristers has been significantly themselves trying to navigate the chambers in their robes and face affected, given little or no crisis. In Cyberworks Audio Video masks. To ensure open justice, opportunity to attend court. The Technology Ltd v Silver Kent screens were set up inside the court HKBA has advised pupil masters to Technology Ltd [2020] HKCFI 347 room where the Judge sat (and at arrange for their pupils to accompany (Coleman J), the Court of First two lift lobbies outside the court chamber-mates when such Instance ordered a telephonic room) broadcasting live counsel’s opportunity arises. Furthermore, hearing in lieu of an oral hearing, submissions so that the hearing some pupil barristers undertook noting that the physical attendance remained accessible to the public. Mr advocacy training via Zoom in May. of parties and/or their representatives Justice Yeung commented in Court together with the Judge and judiciary that it was a ‘smooth hearing’. At the time of writing, there are staff in a courtroom was not at the around 1,040 confirmed cases in the time permissible on public health During the GAP, the Hong Kong Bar city. The numbers are levelling off. On grounds. Association (HKBA), the professional Monday 4 May 2020, the Courts regulatory body for barristers, re-opened, with various registries to Afterwards, on Thursday 2 April 2020, recommended its members not to go follow gradually. There is a significant the Chief Judge of the High Court to court if they feel unwell or display backlog of matters and hearings. issued a Guidance Note any symptoms. We were advised to There are also concerns of a ‘third recommending the use of video- minimise travelling out of home. wave’ of infections. As per the conferencing facilities (VCF) where Challenges abound when balancing fighting spirit of Hong Kong, in these oral submissions were necessary. work and spending an unusually unprecedented times, the legal Equipment used at remote locations significant amount of time with family community will no doubt endeavour must be compatible with the Court’s members in close quarters. Moreover, to find a new normal – or whatever is VCF and meet the operational at once daunting and thrilling is the the closest to it. 2020 Middle Templar 45

THE MALAYSIAN EXPERIENCE JUSTICE NALLINI PATHMANATHAN Access to Justice during the Coronavirus Pandemic The Malaysian Experience Justice Nallini Pathmanathan is a judge in the apex court of throughout Malaysia being equipped Malaysia, the Federal Court. She was Called to the English with an ‘e-court’ system. As a Bar at Middle Temple in 1984 and returned to practice in consequence, routine matters were Malaysia at a leading law firm, Skrine. She practised in conducted during the term of the various fields, specialising in commercial law. She was movement control order. However, elevated to the Bench in 2007. the reality was that the number of disposed matters remained low as The Covid-19 pandemic afflicted the habits for the collective. We are the majority of lawyers chose not to world with such swiftness that the being forced to factor the societal operate. As with other countries, the gravity of the situation was not effect into every decision we make. Malaysian courts will now have to immediately grasped. When it was, cope with a backlog of cases. Malaysia was put on a reluctant hiatus This need is as important in the of sorts – with every part of society provision of legal services as in other Save for the movement control order, grappling with a new normal, virtually sectors. The issue for Malaysia was, no interim Covid-19 legislation was overnight. Our lives, like those of and remains one of whether the enacted. This meant that judicial people around the globe, were courts, as an essential service were, proceedings to accommodate ‘circuit altered irreversibly. and are, able to transform the breaking’ or ‘social distancing’ had to provision of its services to meet the be undertaken within the context of Today, the everyday aspects of living essential needs of Malaysians. As existing law. can no longer be taken for granted Albert Einstein famously stated: ‘The and we are, each of us, each day, measure of intelligence is the ability The Judiciary took the initiative to learning to cope with an altered way to change’. In the context of the enable hearings to continue with the of life. Social distancing, considerably provision of legal services, the true use of emerging technologies. reduced physical movements and a measure of the viability of an However, the efforts made by the virtual halt to social activities. institution is its ability to evolve to Judiciary to provide for hearings meet the needs of a fundamentally online, particularly in respect of Access to justice is a core aspect of altered world. interlocutory matters and appeals our lives. With stringent restrictions met with considerable resistance from on aspects of our lives that we have, The operation of the Courts in the Bar. The primary concern was that until now, considered essential to our Malaysia was necessarily impacted it was necessary to continue with the way of life, the significance of the rule and courts throughout the country physical presence of counsel in a of law has been increasingly were closed. Proceedings were courtroom under the provisions of underscored. adjourned, save for selected criminal our existing relevant law. The merits proceedings. Civil matters were of this contention remain to be The rule of law in the context of the similarly adjourned save for urgent adjudicated. pandemic requires a necessary hearings, which continued to be balance between the primary heard via video-conferencing The practical result, however, was that objective of safeguarding the safety platforms, with the consent of parties only hearings with the consent of of the lives of the population on the and the judge. parties continued via online one hand, and ensuring, on the other, platforms. While initial pilot attempts minimal erosion of fundamental The Commercial Court in Kuala were initiated with Zoom, Pixel and human rights. Lumpur in particular remained in Skype for Business, the latter was operation to accommodate hearings eventually the choice of the The rule of law further requires that particularly those related to injunctive Malaysian Judiciary. The Court of vital rights such as the right to relief and admiralty matters. The Appeal successfully initiated and livelihood, education and protection Admiralty Court continued to issue conducted appeals using Skype for from crime are not endangered. In and execute warrants of arrest during Business. The requirement for a achieving an optimal balance, the key the term of the movement control hearing open to the public was is proportionality. order. Most hearings in relation to achieved by live streaming. these matters were heard via In these altered times the enduring video-conferencing platforms, either On Wednesday 13 May 2020, the debate between collectivism and Zoom or Skype Business. Courts resumed operation in stages. individualism is brought to the fore. Stringent operating procedures were The virus has forced us to recognise Malaysia is fortunate in that the put in place, including the monitoring the importance of collective Courts have focused on the increased of body temperatures, restriction of responsibility for the health of society. implementation of information persons entering or remaining on We are constrained to stifle our technology consistently since 2009. court premises, the wearing of face ‘need’ to prioritise our individual This resulted in the majority of courts masks, safe distancing for seating in court rooms and corridors, sanitisation of court rooms and 46 2020 Middle Templar

buildings periodically, staggered convictions rose to the thousands. As a ‘flattening’ of the curve and greatly timing for hearings and the of Saturday 4 April 2020, some 2,294 reduced numbers. While this is not to mandatory conduct of non-disputed individuals were reported to have say that a second wave will not matters online. The number of cases been preferred with charges of ensue, the emphasis on compliance per day was reduced drastically. The contravening the order. has been effective. As against this physical presence of judges and court however, many critics maintain that staff is minimised such that most Media reports disclosed that initially this achievement nationwide has continue to work from home. the form of punishment imposed was been accomplished with considerable fines. However, this soon escalated to encroachment on civil liberties. The Appellate courts continue to hear the imposition of custodial sentences. question remains whether appeals, a fraction are disposed of As of April 2020, it was reported that collectivism or individualism should through the use of video- several hundreds of individuals were prevail in catastrophic situations such conferencing facilities premised on serving custodial sentences for as this. There can be no simple the consent of the parties, while the violating the movement control order. answer. remainder continue to be disposed of in the traditional manner in court Malaysia’s Perhaps the answer to the episode rooms. performance, above actually lies in the art of in first cloistering sentencing, and the continuous One other area warrants observation. and then struggle to achieve acceptable levels A perhaps unusual feature of the systematically of consistency, a problem that is not implementation of the movement bringing down confined to Malaysia alone. control order in Malaysia is the the numbers of considerable emphasis that was and infected cases Access to justice requires a justice continues to be placed on its and deaths has system that is efficient, effective and enforcement. been acknowledged economically viable. The public must as being have confidence in the system, as The World Health Organisation commendable. should Iitigants, lawyers and judges. officially declared the spread of The system should also be both open Covid-19 as a pandemic on The escalation in the imposition of and transparent. Can technology Wednesday 11 March 2020. A week custodial sentences gave rise to a provide these essential requirements? later, on Wednesday 18 March 2020, barrage of queries and protests While this is a question that can only the Prime Minister of Malaysia about the encroachment of citizens’ be answered fully if and when announced the movement control civil liberties. The public outcry and technology is more fully implemented order, pursuant to provisions under debate about the necessity and in our courts, it is undeniable that the the Prevention and Control of practicality of imposing severe role of technology in access to justice Infectious Diseases Act 1988 for an custodial sentences resulted in a is essential and has to be fully initial period of two weeks, until reversion to the imposition of fines as accommodated in our justice system. Tuesday 31 March 2020. The the punishment of choice, rather than The pandemic has brought home movement control order was then imprisonment. that point credibly. extended periodically for a further three months. However, by Monday 4 This episode brought to the fore the From our experience during the term May 2020, the restrictions were application of the rule of law, as of the movement control order, it has relaxed to enable most businesses to outlined earlier. It highlighted the become apparent that technology resume operations albeit with need to retain the balance between can and ought to be harnessed in restraints, to revive the declining the overarching need to prevent the significant parts of the court system economy. spread of Coronavirus clusters, and to enable fair and effective justice to individual civil liberties. Malaysia’s be made available to a large segment The initial phase of the movement performance, in first cloistering and of Malaysians, particularly during and control order took the form of a then systematically bringing down in the aftermath of the pandemic. lockdown with most citizens confined the numbers of infected cases and to their homes, save for those deaths has been acknowledged as It is equally apparent that we have a services categorised as essential. being commendable. The number of not inconsiderable task ahead of us Travel within the states in Malaysia deaths to date stands at 123 as of to ensure that amendments to was prohibited, save for specified Friday 24 July 2020, while the existing legislation, and new exceptions. The movement control number of infected cases has shown legislation, is implemented to order was strictly enforced, with facilitate this shift in the severe sanctions. administration of justice. In doing so, it is imperative that the system The penalties prescribed under the provides access to justice to all, Prevention and Control of Infectious including those who are self- Diseases (Measures within the represented, that changes, albeit Infected Local Areas) Regulations procedural or otherwise are well 2020 for a contravention of the publicised and understood, that the movement control order comprise a technology incorporated is efficient fine not exceeding one thousand and secure and that lawyers and ringgit or imprisonment for a term judges are given adequate training. not exceeding six months or both. The gravitas and function of the judicial process must be maintained. The number of prosecutions and 2020 Middle Templar 47

MMTA IBRAHIM DEELJOOR LEGAL LIFE IN SINGAPORE MEIYEN TAN The Mauritius Middle Legal life in Singapore Temple Association in light of the Pandemic (MMTA) Meiyen Tan is Head of Oon & Bazul’s Ibrahim Ikhlass Deeljoor was Called to the Restructuring and Insolvency Practice and Bar of England and Wales in 2016 and to the first female in Singapore to lead a the Bar of Mauritius in 2018 where he is living restructuring and insolvency legal practice. and practising. He is currently the Judicial She is one of the founding members of the Assistant to Judges of the Supreme Court of Singapore Network of the International Mauritius while also serving as Assistant Women’s Insolvency and Restructuring Secretary to the Mauritius Middle Temple Confederation (IWIRC) and a member of Association. the Singapore Middle Temple Society. The Republic of Mauritius reported its first positive case of The life of the Singapore lawyer has been drastically Covid-19 on Wednesday 18 March 2020 with the Prime changed by Covid-19. Working from home, we can no Minister immediately closing our borders and instituting a longer pop into our colleagues’ rooms for quick discussions, country wide lockdown followed by a sanitary curfew. In having either to set up calls and video conferences or settle view of the prevailing situation, the Chief Justice for simpler Whatsapp conversations. Oddly enough, this responded by postponing all pending cases and by closing resignation to video conferences for meetings have made all the courts except for matters requiring urgency and us lawyers far more accessible to our clients. Previously, we celerity. were bound by the availability of our meeting rooms and by travelling time. Now, we are only a Zoom call away. Our court system, much like everywhere else in the world, was unprepared for the scale and suddenness of the The use of webinars has also expanded the reach of and the changes brought about by the implementation of the new ease of access to our legal seminars. In one which I recently health and safety measures relating to the pandemic. chaired for the Asian Business Legal Institute, more than half of the attendees were overseas. In the vast majority of cases, physical attendance has been required for counsel, parties and witnesses except for The legal industry tends to weather economic downturns some proceedings in the Commercial Division of the better than the generic economy. Still, business has been Supreme Court. The court is equipped with e-document impacted by Covid-19, in some practices more than the filing systems and the Bail and Remand Court, which is others. Firms have seen a spike in enquiries on termination fitted with video links to prisons, where defendants who of employees, rent matters and the application of the new have been remanded into custody have been able to make Covid-19 laws, whereas demand for corporate/transactional virtual appearances. However, the unavailability of such services have taken a dip. technological facilities for counsel to appear remotely has severely limited their capacity to work from home. In April, the Singapore Academy of Law surveyed some 400 lawyers and in-house counsel and found that 83% of Nevertheless, testament to the resilience of our justice lawyers reported a decrease in new cases and revenue. On system in the face of this global pandemic, access to justice the other hand, 75% of in-house counsel saw an increase in was still preserved. Our Supreme Court adopted Cisco workload, especially in crisis management, Webex as the standard video conferencing software, re-negotiation of contracts and employment issues. allowing cases to be conducted in virtual hearing rooms to which the media and the general public have been invited Not even our court system was spared from the Covid-19 so that they could follow the proceedings. lockdown restrictions. From Tuesday 7 April 2020 to Sunday 7 June 2020, only essential and urgent matters have been My duties as a Judicial Research Assistant for the Supreme heard by the courts, most of which were heard remotely Court involve carrying out legal research, drafting using online conferencing tools so as to avoid physical summaries of facts, procedures and providing legal interaction. Though, with the recent exit of the circuit opinions in both English and French to the Honourable breaker in Singapore, our courts have resumed hearing Judges. So far, the transition to working from home has most cases since Monday 8 June 2020. been seamless as my duties have proven to be particularly well suited for telecommuting. I have access to the The courts have taken these restrictions in their stride, and fantastic online library as well as the international legal have managed logistical feats of taking massive hearings databases and I am able to remain in constant online. On Wednesday 13 May 2020, the Singapore High communication with the judges via secure email and Court held a hearing where 115 lawyers were Called to the telephone. Besides the change in my working environment Singapore Bar via Zoom. and the fact that meetings are now held online rather than in person, our activities have remained unimpacted by the While the response to remote hearings has been generally novel Coronavirus. positive, taking criminal hearings online has raised a few eyebrows, especially in the global community. On These are truly challenging times for all of us wherever we Wednesday 20 May 2020, Punithan Genasan, 37, was are in the world. The Covid-19 restrictions have sentenced to death in a hearing which took place via Zoom. undoubtedly changed our lifestyles and we all have had to International organisations such as Amnesty International reinvent the way we manage our practices in order to and Human Rights Watch Asia have decried the ruling for continue our duty in the administration of justice. potential human rights abuses. 48 2020 Middle Templar