The Middle Templar 2020

TECHNOLOGY IN GIBRALTAR’S LEGAL SYSTEM  AIDAN CLEVERLY An Increased Use of Technology in Gibraltar’s Legal System Aidan Cleverly is an Associate in Hassans’ There were already provisions in Gibraltar’s legislation that Litigation department and is Secretary catered for the use of technology in the court room, such of the Gibraltar Middle Temple Society. as evidence via live video link in criminal trials, and the Aidan’s practice mainly consists of advisory use of telephone and video conferencing in civil matters and advocacy work in general litigation generally. matters including criminal, family, employment, personal injury and immigration On Tuesday 24 March 2020, the case of Fowler v matters. Aidan is also involved in Commissioners for Her Majesty’s Revenue and Customs handling compliance matters within [2020] UKSC 22 made history as it became the first case in Hassans’ Compliance Department. the Supreme Court of England and Wales to be conducted entirely over video. In Gibraltar, facilities to deal with The Covid-19 pandemic has proved to be a catalyst for the matters over video were also put to use for the first time. increased use of technology in Gibraltar’s justice system. The legal profession, although traditionally conservative, The pandemic created the environment to implement has readily adapted to the latest technological and test these technologies due to travel restrictions and developments. the self-isolation of participants. Some hearings were held by the use of Microsoft Teams, which the courts had The Chief Justice was quick to react and on Tuesday 17 considered the most secure and adequate tool for these March 2020 published contingency rules for the Supreme purposes. This without affecting the principle of open and Magistrates’ Courts. The rules ensured that urgent justice, and at all times ensuring that proceedings were cases would still be heard notwithstanding a general recorded on the court’s integrated recording system. stay on all civil actions, the extension of bail in absence Microsoft Teams will continue to be used, including in the and the delisting of all non-urgent hearings. This clearly Court of Appeal, although, as a general rule, in-person demonstrated that the pandemic had led us into truly hearings remain the default position. unprecedented times. It had also, over this period, become the norm for parties In order to try to mitigate disruption as far as possible, to file and exchange documents electronically. The the Supreme Court of Gibraltar increasingly relied on contingency rules are now no longer in place, and digital telephone and virtual hearings, the electronic issuing of filing is no longer possible, however, there will hopefully be claims and the electronic filing of court documents. Seeing a shift towards digitisation with the courts continuing with as we live in a digitalised world where technology shapes electronic bundles. the primary function of our everyday lives, its increased use in court only seemed logical. 2020 Middle Templar 49

WORKING IN THE SEYCHELLES  STEVEN POWLES QC Working in the Seychelles Steven Powles QC is head of Doughty Street within days of the first two confirmed cases in Seychelles, International and specialises in international on Thursday 14 March 2020, decisive steps were being crime and extradition. He has appeared taken to control the spread of infection. Courts were before international criminal tribunals in closed to all but emergency matters, flights in and out of The Hague in cases relating to Kosovo, Kenya, the country ceased to operate, and quarantine facilities DRC, and Afghanistan, and also acted in were established. To the government’s enormous credit, proceedings before the Special Court in the consequence is that just 11 people are known to have Sierra Leone. caught the virus. No one has died. It began on a cold and wet September day. I was waiting It has been heart-breaking to watch the pandemic in central London for an Uber to take me to court for rage with so much violence through the UK. To see the one of those heavy and draining trials. An email from daily death-toll rise and to admire from afar the brave chambers popped up on my phone: ‘Anyone interested effort of front-line workers to keep the numbers down. in applying for job in Seychelles?’. I knew the answer even Colleagues have at least been sympathetic. When news before reading the message – and a couple of weeks later, reached Seychelles about the controversy over Dominic I heard I had been shortlisted. I would be part of a team Cummings’ behaviour during the lockdown, I was asked working on money laundering and corruption cases. My with a smile if the UK needed any help from the African application was successful. Union in training government officials how to respect the rule of law. As with many good jokes, the humour stung. A former colony of the UK, the Seychelles gained its independence in 1976. Its first president, James Even on these islands, a tiny string of outposts 1,000 Mancham, and the man who deposed him after just one miles off the African coast and twice as far from India, year, Albert René, were not just both lawyers, but Middle it is impossible not to notice the changing world order. Templars too. After 15 years of one-party rule, René When I arrived, the British government had just celebrated announced free elections in 1992, and though Mancham Brexit Day, and yet, the position I was about to start was returned to contest them, he prevailed. A constitution being funded by the EU. The British High Commission enacted the following year belatedly guaranteed pluralism has done outstanding work over the years, particularly and democracy; among those sent by the Commonwealth with prosecuting and combating piracy; while it worked Secretariat to help with its drafting was another member tirelessly during Covid-19 to repatriate tourists from of Middle Temple, Master Geoffrey Robertson. Seychelles before airports closed, the Indian government and China’s Jack Ma Foundation were sending medical Thanks in part to its staggering natural beauty and a aid into the country. India is also donating generously to thriving offshore financial services industry, Seychelles build a new magistrates’ court complex and offices for the has a higher per capita income than any other country in Attorney General’s Chambers. But in a country where the Africa. At least half that money comes from high-spending first two presidents were both London educated barristers tourists, who swim and snorkel around its 115 coral and members of the Middle Temple, the legal heritage it and granite islands throughout the year, but it is not all shares with other members of the Commonwealth remain pampered luxury. As you would expect in any paradise, strong. Many of my colleagues are Indian lawyers, and there is trouble too – and it is quite serious. Heroin users the lawyer honoured with a statue outside the offices make up a larger proportion of the population than in any where I work is the great Mahatma Gandhi. As the 50th other country on earth. Up to one in ten of the country’s anniversary of independence approaches in 2026, these adults – some 6,000 people – are said to be addicts. connections should be celebrated – and it would be especially befitting if the Inn could mark its deep links to Alongside a young Seychellois lawyer, Ms Nissa the Seychelles in some suitable way. Thompson, I was sworn in as a State Counsel in the Attorney General’s Chambers by the first female Chief Swearing in Ceremony before the Chief Justice. Justice, Master Mathilda Twomey, on Tuesday 11 February Left to right – Chief Justice Twomey, Nissa Thompson, 2020. Our work then commenced in earnest. We set and Steven Powles QC up a unit to deal predominantly with proceeds of crime cases and Mutual Legal Assistance requests. Alongside an experienced Indian lawyer who’s also become a good friend, Mr Jayaraj Chinnasamy, I have brushed up on lessons learned with Middle Temple advocacy training and have helped teach junior prosecutors how to present and argue those cases that go to court. My intention was initially to travel back and forth from London, but that plan – along with so much else – changed after the WHO declared a global Coronavirus pandemic on Wednesday 11 March 2020. Even before that date, the country had instituted precautions. When I flew in at the beginning of February, people arriving from areas of high infection were already being screened, and 50 2020 Middle Templar

THE MIDDLE TEMPLE CIRCUIT SOCIETIES Circuit Societies Midland Circuit Society Northern Circuit Society Master Blondel Thompson is an international Master Simon Medland is a Circuit Judge based at criminal and sports barrister based at St Philips Preston Crown Court. Before being appointed a chambers in Birmingham. She prosecutes and Circuit Judge in 2018, he was a criminal law defends serious criminal cases and undertakes practitioner whose experience and specialisms work at the International Criminal Court, The encompass all aspects of serious crime and fraud. Hague, The Netherlands. She has numerous He has prosecuted and defended in some of the appointments to sports disciplinary bodies in region’s most serious cases. He is Chairman of the England and sits as an arbitrator judge for the Middle Temple Northern Circuit Society. Court of Arbitration for Sport in Lausanne, Switzerland. She is a member of the Middle I was very proud to become the Chairman of the Inn’s Temple Midland Circuit Society. Northern Circuit Society earlier this year, being lucky enough to inherit a vibrant, busy society from Master David Stockdale The Middle Temple Midland Circuit Society, formed in 2018, who had led it to a peak of excellence. Together with our has achieved its primary goal of re-engaging with members on esteemed colleagues (and friendly rivals) from over the our Circuit. Pennines, we can claim without exaggeration to be real pioneers in bringing the Inn to our Circuits. Thursday nights are traditionally one of the busiest for members of the criminal Bar, in terms of preparing work listed To mark Master Stockdale’s retirement as Chairman, we the following day. This was not a deterrent to the vast numbers nipped in under the wire before Lockdown to have a reception who attended the Middle Temple dinner in Birmingham on the at King Street Town House on Thursday 12 March 2020. Thursday 10 October 2019. An enjoyable relaxing evening of There we presented a framed antique fruit plate bearing the delicious food and wine, connecting with old friends, making Inn’s crest; a small mark of our profound esteem for Master new ones and enjoying each other’s company. A number of Stockdale and all that he has done for the Inn on Circuit over students attended who informed us of the benefits gained so many years. from their attendance. Not only had they made new friends, but some had secured mini pupillages. We were delighted It is daunting, but a privilege, trying to fill Master Stockdale’s that Master Igor Judge and Lady Judge attended, and that massive boots. I could not even contemplate it without my he was willing to speak to us of his experiences of practising excellent Committee and the superb assistance of Colin, on the Midland Circuit as a barrister. A delightfully humorous Oliver and Francis from the Inn. Regrettably, we have lost speech ending with words of encouragement and support for Master Jane Cross this year after her retirement from the Bar. the future. He took the time to meet and converse with many Master Cross has been a member for many years and has of us after the dinner remaining long after the dinner had brought a great deal of skill and, if I may say so, crisp elan to ended. our work. Sadly, Covid-19 has temporarily clipped our wings, forcing us We have refreshed the format of the Committee by making into isolation with life on Zoom, Skype and Microsoft Teams sure every city on Circuit is properly represented, whilst becoming the norm. We are still hopeful that our soiree and also maintaining the important contribution of the Middle dinner on Friday 27 November 2020 in Nottingham will go Temple Young Barristers Association and LGBTQ+ Forum ahead. The Middle Temple Midland Circuit Society activities representation. One of our new Silks on Circuit, Tim Storrie, is on Circuit have been growing steadily; events and garden now my Deputy. parties planned for the summer months, dinner in the Autumn, with assistance to students throughout the year. All of us will by now be familiar with the way social media apps have revolutionised our working day. I am sure this is The Inn’s support for students on Circuit is wide ranging. here to stay and will be a growing trend. Domus has adapted Benchers on Circuit are encouraged to and have assisted the to all this magnificently, and the vital role we have in keeping Middle Temple Students’ Association at the school of law for our student and young members engaged and informed has the past two years, presenting talks on life at the Bar, how been maintained and, arguably, improved. We had a Sherrard to apply for mini pupillage, and pupillage, the application Conversation on Thursday 21 May 2020 using the StarLeaf app process, CV structure and content, how applications are in which I, together with Masters Simon Myerson and Tina viewed in terms of the numbers applying for a small number of Landale, chatted with more than 70 student members of the pupillages. Some of the students have taken the opportunity Inn and gave them our views of life on Circuit. I must express to telephone at a later date to request mini pupillages. my thanks to Christa, Sally and Jonny for their hard work which made this such an enjoyable and useful success. We look forward to the future with great anticipation as the Middle Temple family on Circuit continues its high visibility. Lovely though it is to report where we have battled through adversity to keep the show on the road, there have been Midland Circuit dinner at Opus Restaurant, Birmingham regrettable casualties in our calendar. The annual Northern Circuit Garden Party, to have been at Lancaster House in July, was cancelled. As I write this (mid-June), I am still hoping that our principal social event of the year in Saturday 28 November 2020, the Joint Dinner in the Georgian splendour of Liverpool Town Hall with Master Richard Wright and his pals from the North Eastern Circuit, will take place as planned. I greatly fear though that it too will be scratched. The Courts on Circuit have been adapting energetically to keep some turnover of work. I am sure Skype will be here to stay for Mentions, PTPHs and many other hearings. I am 2020 Middle Templar 51

Liverpool Town Hall and enjoyed. But amidst all of the change that has been thrust upon us, the Inn and the Circuits have continued to play a equally sure that HMG will invest – as soon as they have given vital role in providing a sense of stability for the profession. It it some thought – in more video links from prisons to Courts, is perhaps in such times of adversity that our common sense and I would bet a bottle of Colin Davidson’s finest that within of belonging to these important institutions resonates more a year or so attendance by video link from prison will be the strongly amongst us. norm for this type of work, including sentence hearings, where defendants have been remanded in custody. Some years ago, Master Igor Judge identified the particular challenge faced by the Inn in retaining its links with members Master Treasurer this year is one of the Northern Circuit’s who practice on Circuits outside the South East. Whilst the greats – Master Brian Leveson – and Master Reader, from July, challenge remains, I hope that the ‘pythonesque’ calls of is another – Master Clement Goldstone. It is such a pity not ‘What did the Middle Temple ever do for us’ have receded in to have a full year of events in which to see them in the North, recent years. but 2020 is still a golden year for us in view of their splendid appointments. Before Covid-19 struck, we enjoyed an excellent Survive and Thrive event organised by the Inn in conjunction with In a wider context, 2020 might well become memorable in the the Circuit and followed by a well attended Mess in Leeds. years to come for all the wrong reasons. However, I am equally This event brought together the Inn and the Circuit and was sure an honest historian would need to be kind to so many designated a Qualifying Session. people who have gone well above and beyond to keep the show on the road. I am fond of history and have been reading, Sadly, our plan to welcome Master Nick Hardwick to Leeds for the umpteenth time, my now rather dog-eared copy of in order to reprise his excellent lecture given in Hall last year Pepys’ Diaries. Samuel Pepys grew up near St Bride’s Church, ‘The Prisons Crisis: What’s gone wrong and how to fix it’ has Fleet Street and knew the Temple and its members well. He been put on hold. As have our hopes for a repeat of the lived in a time when the very existence of Great Britain was drinks reception at the Judges Lodgings that we enjoyed last threatened for over 50 years by Civil War, plague, wars with summer, together with further student focused events planned the Dutch, and the Great Fire of London. Life was seriously for the autumn. interrupted, things often seemed almost hopeless, but they pressed on through, adapted their ways, never lost hope, There is one other very important way in which the Inn has rebuilt their homes and cities, and emerged on the other side been able to support its members on Circuit and that is by invigorated and energised for the future. the very generous financial provision that it has been able to put aside to assist members facing financial hardship. I know On the Northern and North Eastern Circuits, we are doing our that the grants made directly by the Inn to pupils have been a best to follow that example. lifeline to many. Moreover, and I repeat here the thanks I have paid privately to Master Treasurer, the generous donation North Eastern Circuit Society made by the Inns to the Barristers’ Benevolent Association (BBA), that enabled them to establish the Covid-19 fund, has Master Richard Wright was Called to the Bar in quite simply kept people going through some very difficult 1998 and took Silk in 2013. He is a criminal times. I should also mention in this regard my friend from over advocate who has defended or prosecuted many the Pennines, Master Simon Medland, who first identified the of the highest-profile cases in the North of pressing need for the establishment of a special fund to assist England. He is Leader of the North Eastern Circuit the Bar, and the publicly funded Bar in particular. and Chairman of the Middle Temple North Eastern Circuit Society. We must now look to the future and to the recovery of capacity in the Courts and Tribunals which we hope will be Timing is everything. On that point Master Treasurer and I will both rapid and sustained throughout the winter. We must certainly agree, having both assumed office – Sir Brian as our also not forget that the eye-watering backlog of cases facing Treasurer and myself as the Leader of the North Eastern Circuit us existed pre-Covid-19 and is largely the product of years of – on Wednesday 1 January 2020. This is certainly not the year chronic underfunding of our justice system. By the same token, that either of us had planned! the survival of the publicly funded Bar hangs in the balance not as a result of Covid-19, but because years of cuts have had I think back to Wednesday 4 March 2020 when the six Circuit a terrible effect on the sustainability of the profession. Leaders travelled to London for a meeting with the Lord Chief Justice and the President of the Queen’s Bench Division. The If lockdown was tough then we might expect this ‘recovery’ Leader of the South Eastern Circuit suggested that we added phase to be harder still. It is more important than ever that we Covid-19 planning to the agenda. The rest of us told him not face these challenges together and I am sure that the Inn will to be so soft. continue to play an important role as we try to meet them. Fast forward to late July and we have all been adapting to a We still hope to be able to hold the Joint Northern and very different way of life to that which we had previously known North-Eastern Circuit Dinner in Liverpool on Saturday 28 November 2020 and we look forward to welcoming members of both Circuits then. The Merchant Adventurers Hall in York 52 2020 Middle Templar

Wales Circuit Society pre-match whilst we waited for another game to conclude. The consequence of this was that our in-match water breaks Michael Jones was Called to the Bar in 1995. were soon replaced with Gaviscon. The Bar XI eventually He practised from Chambers in Swansea and emerged as late winners and celebrated with a laudable lack Cardiff before joining the CPS in 2009 as the of hubris. We now await the Welsh Government’s review on first ever Senior Crown Advocate in Wales. In the current restrictions on recreational cricket with fingers 2018 he was appointed Queen’s Counsel. He crossed. is Secretary of the Middle Temple Wales Circuit Society. March 2019 saw the inaugural meeting of the Middle Temple Wales Circuit Society in Cardiff. The main aim of the Society Covid-19 has meant that the last six months has been, for most is to provide closer links between the Inn and all practising, of us, anywhere from challenging to shattering, personally teaching and student members of the Inn on Circuit. We or professionally. Here in Wales, political devolution allowed are honoured to be led by our President, Master David an eventual divergence from London on social guidance and Lloyd-Jones and to have the proactive support of our own legal restrictions. That brought with it either reassurance or ‘Regimental Sergeant Major’, Colin Davidson, to whom we frustration depending upon the nature of your business or owe a debt of thanks for all he does for our Inn, both here and where you stood politically. abroad. The first Middle Temple Wales Circuit Society dinner was due to be held at the Hilton Hotel in Cardiff on Thursday But what of those days in Wales before the Covid-19 cloud 2 April 2020 and would have included a Qualifying Session descended and when we took for granted the tangible led by the Presiding Judge of the Wales Circuit, Master Simon company and fellowship of friends and colleagues? Picken. Unfortunately, as with all events of this nature, it had to be cancelled or rather, we hope, postponed until such time as On Saturday 6 July 2019, the Bar Council held, for the we can safely gather together again. first time, one of its full council meetings in Wales. The meeting took place at a conference suite in the Principality In November 2019, we welcomed the newly appointed Master Stadium and was a great success. The Director of Public Nicholas Hilliard to Cardiff Crown Court for his inaugural Prosecutions (Master Max Hill) spoke about the work of the trial as a High Court Judge. It included a walking site visit Crown Prosecution Service and the relationship between past various pubs and chip shops which were then open for the employed and self-employed Bar who, in the words of business but not as part of the site visit. As we anticipated, Master Hill, ’make an equal contribution to the delivery of with a customary eye for detail, Master Hilliard had no justice in England and Wales’. A particularly apposite speech difficulties with the pronunciation of some of the key locations, given that the Employed Bar Committee, along with Master such as Senghennydd Road, Gorsedd Gardens and Gelligaer Hill, were invited to a Wales Circuit dinner in the magnificent Street – names that can still baffle a local! We very much hope main hall at Cardiff Castle the evening before. On that note, that we can welcome him back to Wales in the near future. the Inn currently has an Employed Bar Working Group, led by Master Christiane Valansot and Michael Harwood, with a Fast forward to March 2020 and the pandemic had reached principal aim to make recommendations to the Inn as to how these shores and spread in sufficient numbers to trigger the to deliver parts of the Inn’s Strategic Plan, namely to: ’Ensure lockdown of most of Wales. The streets were empty, the shops that the Inn is of relevance to members who practice outside and courts were closed and the Principality Stadium, which the traditional chambers structure, whether in government, had once held cherished sporting and music events, had now commerce or other areas of practice’. been converted into a field hospital. However, on Monday 18 May 2020, with much determination and ingenuity, two Crown As a certain Welsh writer (Roald Dahl) once declared: ’A little Court jury trials commenced. It was surreal to visit the court the nonsense now and then, is relished by the wisest men’. With week before and see one way direction markers and striped that in mind, on a wonderful sunny day in September 2019 at warning tape on the chairs and benches. The trial in Cardiff Cardiff Cricket Club and, thus, with no chance of blaming the was presided over by Master Maura McGowan and concluded weather for a poor performance, a distinguished Judge’s XI effectively under her calm stewardship in challenging once again took on the might and tactical obsequiousness of circumstances. the local Bar XI. Both teams were boosted by a sprinkling of Middle Templars. However, an unfortunate double booking As other Crown and County Courts across Wales now meant that we had to enjoy the sumptuous post-match tea physically re-open to accommodate trials in a cautious and limited way, it is a positive sign for the gradual return to a personal and professional life that we all once knew, loved and very much need. Cardiff 2020 Middle Templar 53

CELEBRATING A CENTURY OF WOMEN IN LAW BARONESS BRENDA HALE Celebrating a Century of Women in Law Speech from the opening of the exhibition, Celebrating a Century of Women in Law, on Thursday 3 October 2019 Baroness Hale served as the first ever woman President of the Supreme Court of the United Kingdom from 2017 to 2020, and serves as a member of the House of Lords as a Lord Temporal. A Bencher of Gray’s Inn, away from the Bench she maintains her contact with academia through a variety of high level posts. The Middle Temple, and Master Sybil Campbell Dawn Oliver Rosalind Wright in particular, are to be congratulated on having put The first woman to become a salaried The first woman and the first career together this marvellous collection of judicial office holder, being appointed academic to be appointed Treasurer photographic portraits of the women a Metropolitan Stipendiary Magistrate of Middle Temple. Like me, she of the Inn. It is invidious to single out in 1945. She was not universally practised in her early years but then any individuals when all are so worthy popular. Perhaps it was her wartime became an academic lawyer. She of our respect and admiration. But I experience policing the black market eventually specialised in constitutional am going to pick out a few to in food that led her to impose and administrative law, but, again like illustrate the diversity of their unusually heavy sentences on petty me, she spent some time among the backgrounds and achievements. pilferers from the London docks, family lawyers – we first met at the which were in her area. There was International Society on Family Law Helena Normanton even a workers’ march against her. conference in Uppsala, Sweden, in But she survived, was an enthusiastic 1979, discussing marriage and The first woman to be admitted to supporter of the new concept of cohabitation in contemporary any of the Inns of Court. She applied probation when it was introduced and societies. on Tuesday 23 December 1919, the continued to sit until her retirement. day the Sex Discrimination (Removal) Pat Scotland Act received Royal Assent, and was Margaret Booth admitted the next day. She took Silk The first black woman QC. I saw a in 1949, along with Rose Heilbron of The third woman High Court Judge good deal of her when I was a Judge Gray’s Inn, the first two English after Elizabeth Lane (Inner Temple) in the Family Division. She was an women to do so. She had to contend and Rose Heilbron (Gray’s Inn). Like immaculate advocate in every way – with some quite extraordinary them, she was assigned to the Family in preparation, in presentation and in misogyny. She was described as: Division. But, unlike them, she was a appearance. She was a great loss to family law specialist. She was a great the law – and I would guess the A warhorse from the old feminist family judge and a great role model judiciary – when she decided to go days and the terror of her male for me when I was learning to do the into politics as a Labour member of colleagues… a comic character quite job. She inherited the beautiful the House of Lords. But she had a without fear, and physically judicial robes which had been made distinguished ministerial career. She unattractive. She can only be for Elizabeth Lane, using the best was also the first woman and the first described as large and blowsy… Russian ermine, and passed on to me BAME Attorney General. And she is incredibly common not to say vulgar… when I filled the vacancy created by now the first woman Secretary a menace to the movement for she her retirement. I passed them on to General of Commonwealth. was always trying to organise the Jill Black. So, they have had four women into forming separate groups careful lady owners and are now from the men. displayed in the judicial costume gallery in the Royal Courts of Justice. 54 2020 Middle Templar

Frances Patterson Helena Normanton Sybil Campbell Margaret Booth Dawn Oliver A long-standing friend from our Pat Scotland Frances Patterson Manchester days, where she joined Eleanor Sharpston Helen Mahy the chambers set up by Norman Glidewell to specialise in town and country planning. She was the first woman to make a successful planning practice outside London. She was the first woman to become head of those chambers – now King’s Chambers in Manchester, Leeds and Birmingham. She was only the fourth woman Law Commissioner in the Commission’s 45 years of existence and she made a huge success of its public law work while she was there. Then she became a High Court Judge but died tragically young in December 2016. She would undoubtedly have gone on to greater things in the judiciary. I am honoured to be delivering a lecture in her memory in this very Hall next week. Eleanor Sharpston The first UK woman Advocate General at the Court of Justice of the European Union. She is a formidable intellect and scholar with a properly creative approach to the development of EU law. She will be remembered for many landmark opinions which have moved the law on. The best-known example here is probably the case of Ruiz Zambrano v Office national de l’emploi [2011], where she persuaded the court that adult carers of EU citizen children had to be allowed to stay in the EU if deporting them would mean that their children would have to go too. Helen Mahy I take a special pride in mentioning her, as she is a Manchester Law graduate from the days when I was teaching there, although I can claim no credit for her achievements. She has had a distinguished career as an in-house counsel in a variety of business environments and in business, where she is an experienced Chairman and non-executive Director; she has also been an Equality and Human Rights Commissioner. As President of the Bar Association for Commerce, Finance and Industry and someone who has been employed all my working life, I recognise that there are many other ways of making a successful career in the law than self-employed practice at the Bar. As a judicial friend from Canada puts it – a good legal brain is a portable joy! 2020 Middle Templar 55

GALA DINNER CAMILA FERRARO since Helena Normanton’s first Qualifying Session Camila Ferraro is this year’s President of the MTSA and is also a Jules Thorn Scholar. She was born in Colombia and raised in Cambridge. Camila is passionate about international criminal law and advocates for minority backgrounds at the Bar. Alongside her studies, Camila works as a Modern Slavery Support Worker at the Medaille Trust. Camila’s speech from the Celebration of Helena As I have grown older, my childhood experiences have Normanton’s first QS, on Thursday 16 January 2020. begun to give me a sense of purpose. They have made me ask questions about justice and fairness, and have roused My journey begins in a world tucked 5,000 miles away, my curiosity to study law. Without them, I would not be surrounded by the Amazon and home to people obsessed pursuing a career at the Criminal Bar. with dancing Salsa – Colombia. Middle Temple has been instrumental to my achievements As we mark ‘100 Years of Women in Law’, I wanted to and progress in many ways. Firstly, it is easy to feel quote Gabriel Garcia Marquez, a Colombian Nobel disconnected from this profession when you come from a laureate who authored One Hundred Years of Solitude: different world. There is an adjustment you have to make ‘What matters in life is not what happens to you, but what and Middle Temple helped me a lot in that way. I felt a you remember and how you remember it’. sense of community as I walked through these doors. I may have been very young when I encountered the Secondly, Middle Temple has helped pay for the entire Bar following experiences, but what I remember, and how I course. When it came to the MTSA elections, my collective remember them, have shaped who I am today. I was born experiences had been so positive that running for the in Medellin, Pablo Escobar’s hometown, within two years of presidency position came as a no-brainer. Today, half of the his death. Violence and crime had torn my family and MTSA is comprised of females. We have six ethnicities and neighbourhood apart. Escobar’s death triggered a chaotic individuals from the LGBT and disability communities. aftermath that left two of my uncles murdered. One of my earliest memories is being held hostage at gunpoint, with I hope this reflects the future of the Bar. my family praying that I do not break into tears as a four year old and provoke the armed robbers. Worried about our lives in Medellin, my single mother and I moved to the UK as refugees and settled in Cambridge. My fiercely independent mother worked tirelessly to provide for me ever since and I am delighted to have her in the audience today, alongside two of my aunties – who probably deserve more credit for my achievements than I do. 56 2020 Middle Templar

INTERNATIONAL WOMEN’S DAY EVENT EMMA HUGHES MTYBA & MTSA International Women’s Day Event Emma Hughes is MTYBA’s Diversity & Masters Isobel Plumstead, Jo Delahunty and Elaine Inclusion Officer for 2020 and currently works Banton, and Rebecca Major. These esteemed advocates at Miles & Partners Solicitors in the Public gave refreshingly honest accounts of their experiences Family Law department. Middle Temple made as women at the Bar. Their openness on personal the pursuit of a career at the Bar an attainable experiences of discrimination, career progression and possibility by granting Emma a Jules Thorn harassment highlighted the prejudices that existed and the Scholarship. improvements that still need to made today. The message reinforced was that we are capable of anything and should In light of the celebration of 100 years since the passing never limit ourselves or allow others to project their limited of the Sex Disqualification (Removal) Act 1919, which views and expectations onto us. permitted woman to become barristers, solicitors and jurors for the first time, the Middle Temple Young Barristers We also paid tribute to women who were trailblazers in the Association (MTYBA) and Middle Temple Students’ profession such as: Dame Linda Dobbs, the first black High Association (MTSA) held an International Women’s Day Court Judge; Baroness Hale, the first female President of event on Friday 6 March 2020. the Supreme Court; Dame Rose Heilbron, the first female Judge in the Old Bailey; and Master Patricia Scotland, the Our event highlighted the significance of the Sex first black woman to obtain Silk. The legacies of women Disqualification (Removal) Act 1919 but also importantly such as this are a shining beacon of what can be achieved. noted it was birthed during the suffragette era, and Our panellists highlighted that it is pivotal not to pull up despite this monumental achievement women did not the ladder behind you, but to ensure you pave the way for have the absolute right to vote until 1928 – almost a others future success. decade later. The talented soprano Francoise Berdugo and pianist The evening featured a display of Helena Normanton’s Marco Perez from the Royal Academy of Music performed artefacts, who was the first woman to be admitted to an three enchanting pieces: Puccini’s O mio babbino caro, Inn of Court, namely Middle Temple. Donizetti’s Prendi, per me seilibero and Johann Strauss’s Mein Herr Marquis. We had a host of distinguished speakers, including We hope that the event celebrated, informed and inspired future generations of women in the profession. 2020 Middle Templar 57

CRÉME DE LA CRÉME MASTER ROSALIND WRIGHT Créme de la Créme Climbing Rose Master Rosalind Wright was Called to the Bar Political Union, set up by Emmeline Pankhurst to in 1964. Director of the Serious Fraud Office campaign for women’s suffrage. Women had achieved 1997-2003, and previously General Counsel the vote, at least in part, in 1918 and a year later Helena and an Executive Director for ten years Normanton seized the opportunity offered by the 1919 at the Securities and Futures Authority. Act to become, on Christmas Eve, the first woman Prior to taking up that appointment, she member of Middle Temple – indeed of any Inn of Court. was an Assistant Director of Public Prosecutions, where she worked for 18 years, Middle Temple has been in the forefront of celebrations after five years in practice at the Bar. She of 100 years of women lawyers. The exhibition in Hall, was Lent Reader in 2010. Celebrating a Century of Women in Law, attracted a large number of visitors. It featured the portraits of On a murky December lunchtime, the joint Masters of the 25 distinguished female Middle Templars, from Garden, Masters Carol Harlow and Judith Parker, together Helena Normanton to the present day, with a further with our then Treasurer, Master David Bean, and our Head 50 or so portraits, including Elsie Bowerman (who Gardener, Kate Jenrick, planted a new climbing rose survived the Titanic disaster) and current Middle against the west wall of Hall. The rose, a beautiful new students and scholars, on a digital display and on variety, Crème de la Crème, was planted to mark the banners outside Hall. centenary of the Sex Disqualification (Removal) Act, 1919, which ended the bar on women entering the profession. The exhibition ended in January but the rose will, we hope, be a more permanent reminder of how far The rose shares its bed with a new clematis in the colours women have come in a short time at the Bar and will (purple, white and greens) of the Women’s Social and continue to flourish for many years to come. From left to right: Master Judith Parker, Master David Bean (2019 Treasurer), Master Rosalind Wright, Master Carol Harlow, Dr David Wright and Kate Jenrick 58 2020 Middle Templar

MTYBA DARK WATERS EVENT HAYLEY BLUNDELL MTYBA Dark Waters Event Hayley is the secretary of MTYBA. She works for King’s College London in their legal clinic whilst she seeks pupillage. Previously she worked for Support Through Court at the Royal Courts of Justice. She studied Law with Open University after 12 years of community work in the North. We all have a tendency to disbelieve the bizarre. Having Robert Bilott on Zoom during the Dark Waters event worked with litigants in person for three years during and after the Bar Professional Training Course (BPTC), I see a sign of the level of corruption and power big developed a thick skin and slowly, without realising it, companies have over the world we live in. Mr Tennant goes forgot the reason I wanted to become a barrister: to help to his local diner for his ‘usual’ and is greeted with people through their difficult legal situations. It was not coldness. He sees an article: ‘Disgruntled farmer sues city’s until a recent Middle Temple Young Barristers’ Association biggest employer’ in a paper laid on the table. Of course, (MTYBA) event I realised I had become removed. the press are independent investigators of truth and can never be bought. During lockdown MTYBA has been continuing to host events to encourage and inspire junior members. On The defence firm Taft Stettinius & Hollister obviously Friday 15 May 2020, fresh from a week of working from struggled to understand why Mr Bilott would throw away home and, ironically months of household discussions on his career in order to represent the plaintiff. Mr Bilott which cookware to purchase (watch the film), we sat down shared with us how difficult this time had been for him and as a house to join MTYBA in watching Dark Waters; a film how clients just stopped calling. One of Mr Bilott’s based on the real life story of Robert Bilott, who, as a supporters, during a partners’ meeting, where the lawyer, spent 20 years fighting against DuPont, a chemical continuing support of the case is being discussed, displays company, for poisoning the water supply of Parksberg in frustration at those who refuse to read the facts of the case West Virginia. After the film we had the privilege of having before passing judgement. The line: ‘Read it and then tell Mr Bilott join us for a Q&A session where he shared his me if we should be sitting on our asses, it’s no wonder the experiences and updated us on what is happening now American people don’t trust lawyers’, is another one of with the cases. I will try not to ruin the film for those of you those lines which connects on an emotional level. who are yet to see it but there were several ‘lawyer life lessons’ I would love to share. Something I had not considered was discussed in the Q&A; at the time Mr Bilott was asking for his firm’s financial Within the first few minutes of the film we are introduced backing, the 2008 recession was hitting hard. I guess what to Mr Bilott (played by Mark Ruffalo) who is making his Mr Bilott was asking is the equivalent of asking right now, living from defending chemical companies. We are also amidst the Covid-19 lockdown, for backing of £10 million introduced to Wilbur Earl Tennant; he is hard to for a case that, on the face of it, seems unwinnable and understand and explains he believes a big chemical could cause serious reputational damage for chambers. Mr company is responsible for the death of his cows. Mr Bilott Bilott’s career displays his deep integrity and fight for the responds, as many of us would, with ‘thank you for coming truth to be known by all. These characteristics were also to see me but I cannot take on your case, good luck’. After displayed clearly by his firm and the plaintiff’s in these all, Mr Bilott’s firm, we learnt from the live Q&A afterwards, cases, who appeared to be far more interested in the truth did not take on plaintiff’s cases, they were a defence firm. and justice than in any pay out of damages. Mr Tennant’s next line is one of many throughout the film Some of the scenes throughout the film, were incredibly which hit me right in the heart: ‘I don’t need luck. I need uncomfortable to watch as an aspiring female barrister. your help’. He also alluded to Mr Bilott being just like the Specifically, the scenes where women lawyers were rest of the lawyers he had already contacted – ‘too yellow outlining how they would have to keep pregnancy a secret to take on the case’. from the firm’s partners ‘as long as possible’ and even seeing that Mr Bilott’s own wife never returned to her Speaking to the real Robert Bilott afterwards and hearing career as a lawyer after mothering three boys. However, my his response to the question: ‘What advice would you give favourite line in the whole film comes from Mrs Bilott. Mr to young lawyers who have a client turn up on their Bilott has just suffered a stress induced health scare and is doorstep, who says all other lawyers are too yellow to take in hospital. Mrs Bilott is making sure his boss is aware that this case?’ was illuminating. He spoke of the need to trust his lack of belief in her husband has made him feel like a your gut, to take risks based on your instincts and risks that failure and is a contributing factor to his ill health. I you could live with, as you never know what will happen conclude with her line which displays the real heart of this over the coming 20 years. film and the Bilott’s story, thus far: ‘Risking everything you have to help someone is not failure’. Mr Bilott explained to us during the Q&A that media interest surrounding this case has always been low. An image that will stick with me is a little later in the film when Mr Bilott has decided to take on Mr Tennant’s case. You 2020 Middle Templar 59

THE RULE OF LAW UNDER ATTACK SALMAAN HASSANALLY The Rule of Law Under Attack Salmaan Hassanally is the Treasurer of MTYBA and is a Roth, Executive Director of Human tenant at 4-5 Gray’s Inn Square. He specialises in property Rights Watch, entry to the country law, and has a growing commercial and chancery practice, upon his arrival at Hong Kong in addition to which he works with BID to represent International Airport; the arrest and immigration detainees on a pro bono basis. detention of Simon Cheng in West Kowloon train station in Hong Kong On Saturday 18 April 2020, 15 (MTYBA) members were extremely (under the co-location principle); a pro-democracy luminaries were fortunate to be joined (virtually) by proposal to introduce legislation arrested in Hong Kong. Amongst Martin Lee QC SC, along with Dennis criminalising criticism of the national them was the eminent Martin Lee QC Kwok and Benedict Rogers, for a talk anthem; and of course the event SC, who was involved in drafting on the erosion of the rule of law in which led to mass protesting, the Hong Kong Basic Law – Hong Kong’s Hong Kong. controversial extradition bill. constitution which enshrines the principle of ‘one country, two Benedict Rogers, the founder of These events clearly indicate an systems‘. The same day, a joint Hong Kong Watch, opened the ever-increasing encroachment by the statement was published by, amongst discussion with an overview of recent Chinese authorities into Hong Kong others, the Bar Council of England & events which have taken place to domestic law, and Ben concluded by Wales, ‘[urging] the Hong Kong undermine the rule of law, including: reminding MTYBA members that not authorities to immediately release the abduction of booksellers from only does Britain have a moral the 15 individuals arrested and drop Hong Kong (Causeway Bay Books obligation to Hong Kong, given its all charges against them’. disappearances); the disqualification historic direct responsibility over the of Nathan Law as a legislator on 99 year period, but it also has a legal On Wednesday 29 April 2020, Middle account of his quoting Gandhi prior obligation in the form of the Sino– Temple Young Barristers’ Association to taking his oath; denying Kenneth British Joint Declaration, which places on Britain the duty to monitor and defend promises it made to Hong Kong. The next speaker was Dennis Kwok, a barrister, democrat, and representative of the legal functional constituency in the Hong Kong Legislative Council (essentially the ‘MP for lawyers’) – a position that was first held by Mr Lee. Mr Kwok expanded on the issue of authoritarianism creeping into free and liberal society, the hallmark of which is to bypass parliament and criminalise behaviour which the Chinese authorities deem unsatisfactory. He cited the revival and use of colonial-era emergency powers to ban the wearing of facemasks in protests as an example of this, before turning to the legal challenge to the ban by way of judicial review: although met with success in the High Court, the Court of Appeal overturned the decision, and it remains to be seen what the Court of Final Appeal decides. Dennis highlighted that such egregious interference was a clear breach of Article 22 of the Basic Law, one of its most fundamental 60 2020 Middle Templar

provisions, which stipulates that: ‘No speakers. Mr Lee confirmed that government to stand up for the rights department of the Central People’s China only regained Hong Kong in of those in Hong Kong. After all, how Government … may interfere in the 1984 on the undertaking that it would can other countries be expected to affairs which the Hong Kong Special not rule Hong Kong from Beijing for express concern when Britain, a party Administrative Region administers on at least 50 years, and upon promising to the Joint Declaration, was not itself its own in accordance with this Law’. that the lifestyle and legal system of willing to forcefully speak out. those living in Hong Kong would Mr Kowk shed light on the remain unchanged. He expressed the Middle Temple has always had strong underwhelming police reaction view that although difficult, the links with Hong Kong, and the following the attack which took place principle of ‘one country, two Middle Temple Society in Hong Kong in July 2019 at Yuen Long MTR systems‘ could work in theory, is the oldest of the Inn’s Overseas station, in which a large group of men provided two essential conditions Societies, with the official constitution dressed in white began were met: 1) all members of the being signed in 1998. Each year the indiscriminately beating passengers, legislature must be elected; and 2) Society sends six barristers to London and the inaction on the part of the there should be no external to receive advocacy training by the state following the gratuitous interference by Beijing. The reality on Inn, and in turn the Inn awards an displays of police brutality during last the ground is that universal suffrage annual overseas scholarship to Hong year’s protests for which not even one is still nowhere in sight, and that Kong to one of its members. In policeman has been held inference continues to increase at an hosting this event, which amassed accountable. He contrasted this with alarming rate. By way of example, over 100 virtual participants, MTYBA the excessive state response towards strongly worded statements have reinforced the relationship between democrats: using the guise of been issued by Beijing attacking Mr the Inn and Hong Kong, and showed Covid-19 and social distancing to Kwok, criticising the High Court solidarity with those being selectively prosecute gatherings of bench which presided over the persecuted for defending the rights those who share pro-democratic facemask case, and applauding the of others. values. In his closing remarks, Mr Court of Appeal which overturned Kwok candidly informed the captive the decision. It is thought that the None of the speakers called for more audience that he was not calling for aim of such announcements is to or greater rights. They were simply the independence of Hong Kong or influence the judges of the Court of fighting to keep the rights they for self-determination. He simply Final Appeal who are due to hear the already have. In 1996, Master John wanted China to honour the principle case shortly. Major promised that ‘Hong Kong will of ’one country, two systems’. never have to walk alone‘. It is now, Mr Lee doubted whether he would perhaps more than at any other time The final talk was by Mr Lee himself, have a fair trial if Beijing was allowed in its past, that Britain needs to who offered greater insight into what to play a supervisory role in the legal remember this promise, and its had been touched on by the previous system and called on the British responsibilities to Hong Kong. 2020 Middle Templar 61

EDUCATION Education Update The 2019/20 academic year started just like any other. A there will undoubtedly be valuable lessons to take away new intake of BPTC students eagerly flocked to the Inn from this time. But are we looking at an entirely digital Inn to attend their introductory Qualifying Sessions (QS) and in the future? Far from it. elect the Middle Temple Students’ Association (MTSA) committee for the year. We allocated sponsors to any Sarah Hankinson student who requested one and distributed the cheques that would help our scholars pay for the Bar Course. As We considered writing something to try to express, in the previous year, the Inn continues to have the largest however insufficiently, the mark Sarah has left on the share of all the students studying for the Bar. We had to Education department and on the Inn as a whole. Then we hold four Call ceremonies in November to accommodate remembered that she hates fuss (always taking the day off 234 students from the previous intake who were eligible on her birthday so we could not gather at her desk for the to be Called. This was in addition to 266 and 59 who had obligatory singing) so we abandoned that idea. already been Called in July and October 2019 respectively. Before we knew it, December was upon us and with it If we had written something we would have talked about the Cumberland Lodge advocacy weekend, the mooting Sarah’s kindness and her sense of humour. We would have competition introductory session, Christmas parties and remembered her beautiful homemade Easter cards, her flair then a well-earned break. for seasonal office decorations, and the ‘Welsh cakes (from Wales)’ that she brought in for us. We might have recalled 2020 began with the sad news that, after working at the Inn her love of puzzles, her astonishing ability with accents, for over 17 years, Sarah Hankinson would be retiring. and the fascinating stories she would innocently drop into conversation. We would have mentioned that during one When we left the Ashley Building towards the end of team member’s first week, Sarah very kindly took her to March, we did not really have any idea what the next few Evensong at the Church and introduced her to what felt months would hold. We trickled out one by one, wanting like everyone involved in Temple Music – this is another to avoid the crowded trains at rush hour, not sure if we group of people who will miss her greatly. We might have should hug our co-workers goodbye. As I am sure was the alluded to her unforgettable coinings – the embosser case for everyone else whose offices had suddenly moved used to stamp Call certificates, known colloquially as the to their kitchen tables, our first virtual team meetings were ‘kathunger’, and the semi-mythical figure of a hypothetical slightly hesitant and often interrupted by rogue pets. Our student called Charlie Farsbar, to be regarded with first discussions about how we would move the majority of fondness and pity and endless patience. ’I’ll send an our work to the digital realm were optimistic but slightly “e”’ she would say cheerfully, heading off to wrestle overwhelming. ‘Well, we will just have to cross that bridge with another fiendishly complicated Specially Qualified when we come to it’ was a common, determinedly calm Applicant application. We would note, incidentally, that we refrain. cannot count the students who made a beeline for her at their Call Day to say thank you for all her help, nor those We are writing this in early June, more than two months who told us they joined Middle Temple because they went since we were last in the Treasury Office. We are proud to on a guided tour with Sarah before admission. At Call and report that as a department we have adapted quickly to the Garden Party, we might have observed, Sarah would this new way of working and achieved things that, at the insist that she wanted to man the merchandise stall or the beginning of the year, had never even crossed our minds. ticket desk, claiming she was not good at mingling. She Our Outreach Officer has spoken to prospective students would then happily spend the entire evening chatting at around the globe, over 300 scholarship interviews have length to numerous students, members and guests. Finally, been held remotely via video-link, and our Advocacy we would perhaps have closed by asking her to forgive us Weekends, New Practitioners’ Programme, Pupils’ Courses, for writing anything but pleading that we could not help Vulnerable Witness Training and the Rosamund Smith ourselves – we will all miss her so very much. Mooting Competition have all moved online. We are also well on the way to organising enough online QS to provide Sarah with Master Peter Cowell the 2,500 individual points that we estimate are needed by those on the Bar Course this year. That we have done so is a testament to both the hard work of the Education team, and the enthusiasm, patience and generosity of our students, Hall members and Benchers. Not to mention all participants’ unfailing good humour when microphones, cameras, and other technology simply refuse to co- operate! We have done our very best to replicate the collegiate and collaborative atmosphere that makes the Inn vital to our students’ development. However, nothing can wholly make up for real face-to-face contact and opportunities to socialise with other members of the Inn. The unexpected challenges we have faced in transitioning to the current ‘normal’ have introduced us to new ways of working and 62 2020 Middle Templar

MOOTING TRIP TO CHEROKEE THOMAS SAUNDERS & THOMAS MALLON Mooting Trip to Cherokee Thomas Saunders was Called to the Bar in Thomas Mallon was born in San Francisco and 2019, having completed the Bar course with educated in the UK. He was Called to the Bar the support of the Inn’s Nicholas Pumfrey in 2019, with the kind assistance of the Inn’s Memorial Scholarship. He is currently a pupil Quatercentenary Scholarship. He is currently at Keating Chambers, where he will begin undertaking pupillage. tenancy in September 2020. A long time ago (last September, while the planes were still The group gathered in Raleigh flying) and in a land far away, a band of intrepid Middle Templars girded up their loins and ventured into the heat us, however, the phrase had taken on an unexpected and the mists and the mountains. Under the auspicious literalism. The Mallon side of this article’s authorship leadership of Master Treasurer (Master David Bean), equation is, in fact, American – and as foreign as your Master Richard Wilmot-Smith and Christa Richmond, we Californian representative had found North Carolina, he had conducted a whistle-stop tour of the state, taking in was now in a place which was, if not a foreign state or quite the University at Chapel Hill, the pretty eastern town of a foreign nation, an independent legal system. Edenton and the State Supreme Court at Raleigh (named after a Middle Templar, Sir Walter Raleigh). Our first stop is the still new Anthony Edward Lossiah Justice Center, built in 2014 at a cost of $26 million. We After a series of hard-fought and highly competitive moots pass under the portrait of Anthony Lossiah himself, a against the North Americans, each one undoubtedly a score draw, we were on our way west – to the Blue Ridge Mountains and the border with Tennessee. From Chapel Hill we made our way to Asheville (where we ate ‘grits’ and drank whiskey at a bluegrass session) and from there up into the Smoky Mountains themselves, to the Eastern Band of Cherokee Indians and the Qualla Boundary. As we emerged from atop a swell of green to enter the Qualla Boundary, it was clear why the Cherokee had picked this spot to resist the United States forced removal of their people. It is a natural fortress, a deep valley walled by old mountains. At first glance, however, there is little to distinguish the reservation from other parts of Appalachia. An old gas station sits comfortably at the main intersection; we pass an all-you-can-eat buffet called Momma’s. The phrase ‘a tourist in one’s own country’ is usually deployed in service of the kitsch, quaint, or picturesque. One sees visions of the city-slicker in the country village, or the journalist in the run-down sea-side resort. For one of In the Supreme Court in Raleigh 2020 Middle Templar 63

The group in the Cherokee Court judiciary, consisting of a number of justices headed by a Chief Justice; there is a trial court and an appellate court. Cherokee police officer who died in 2015 of injuries Trial is by jury and the North Carolina Code of Evidence is sustained during a foot pursuit. applied. We are told that the practitioners and judges in the Cherokee courts qualified within the standard Once inside, we are taken through to the courtroom itself. American legal system. Most of them are graduates of the All government business is in abeyance, because a senior University of North Carolina at Chapel Hill, where we had member of the tribe has died, so we do not see the court just finished mooting. Other tribes, however, approach in action. Instead, we sit and speak to two of the judges of matters in very different ways – ‘Indian law’ is, in truth, the court – the Chief Justice, one of the Associate Justices several hundred different systems of law. – and one of their prosecutors. After finishing in the court building, we go for lunch in one of the diners we passed earlier, at the specific The Eastern Band of Cherokee Indians is descended from recommendation of the Chief Justice. It takes the form of about a thousand members of the Cherokee who an all-you-can-eat buffet. Most of the food is delicious remained in the east when the Indian Removal Act 1830 (although much is unsuitable for your vegetarian forced the removal of the vast majority of the tribe correspondent), but one of our group is in for a nasty westward, to what is now Oklahoma. It now has about surprise when what she had taken to be custard turns out 15,000 ‘enrolled’ members, of whom approximately 11,000 to be unadulterated animal fat collected from the various live on the Qualla Boundary. No more than 300 have meat options. When we asked her about it for this article, Cherokee as their first language. We learn a little about her face blanched and she declined to comment. Cherokee – most notably, that the syllabic script in which it After lunch, the time has come to visit the casino. This is is written was invented by a man named Sequoya, who had the most surreal experience of all. We are slightly never learnt to write any other language. befuddled. We are, after all, lawyers, not gamblers, but our guide is the very judge we spoke to earlier. The Cherokee They talk to us about their legal system, particularly the casino is an object lesson in the knotting of law with uneasy compromises that mark its interface with the wider politics and economics. The tribe’s sovereign status means state and federal justice systems. Little by little, the that the casino’s profits are absolutely free of any state or anomalous politico-juridical nature of the Native American federal taxation and the casino itself is immune from suit. tribe is made apparent. We grope towards an We enter a palatial structure that smells strongly of understanding of what the gnostic description we were cigarette smoke. The front entrance is a vast hotel foyer, given to start with – ‘domestic, dependent, sovereign’ with prominent screens flashing up the names of winners. – actually means. The most complex and controversial area Stepping onto a balcony, a great gambling floor comes seems to be criminal law, where the interaction between into view. Electric lights flash and the ‘ka-ching’ of slot tribal, state and federal jurisdiction depends on the status machines tinkle. It is the middle of the day, so activity is of both defendant and victim, as well as the nature and limited, but time feels warped. There is not a single clock location of the offence. This appears to be in part because in sight. The fresher-faced among us are IDed before we of severe federal limitations on the powers of the tribal are allowed down onto the floor. courts – maximum sentences for any one offence of three Those tax-free profits mentioned earlier are colossal. years, and a maximum total sentence of nine. Gamblers flock from the Carolinas, Georgia, Tennessee, and even Alabama. Half is paid out each year to the This most often comes into play when non-tribal enrolled members of the tribe, including (albeit held on Americans commit petty offences on tribal lands—offences trust) the children. The remaining 50% is kept in the public over which the tribe can have punitive jurisdiction. We are told with some dissatisfaction, however, that the tribe Judge Brad Letts would have no jurisdiction over a non-native who murdered a member of the tribe, wherever the killing took place (although, they warned us, that rule did not apply to the non-Americans among us). That is made more cutting by the fact that the Cherokee do not impose the death penalty, while North Carolina has 143 individuals on death row at the time of writing. The Eastern Band of the Cherokee have a system which is in many ways recognisable to the common lawyer. There is a distinct 64 2020 Middle Templar

purse and spent for the benefit of the tribe. This includes Tar Heels at Kenan Memorial Stadium full university tuition payments, a new hospital we are The group at the Caldwell Monument, invited to see, and the court building we visited earlier. commemorating Joseph Caldwell, President of UNC in Whatever one’s views on gambling, history makes it hard the early 19th Century to begrudge the tribe this prosperity. It is now clear why the judge wanted us to see the casino – it is impossible to understand the Cherokee today without it. It is impossible to understand the significance of tribal law without it. Their legal system, uniquely within the majority of US states, could make gambling legal on Cherokee land. The casino provides the funds needed for basic social infrastructure: hospitals, schools, and courts of law. The courts of law ensure the casino’s profitability by asserting its immunity from suit, for example. I am reminded of the Norwegian Oil Fund – it could have been any resource, but in a way their resource was law – their legal system found an economic loophole and took advantage of it. The casino is important because it was the first thing that allowed wealth to accumulate here since the arrival of Europeans. Our last stop of the visit is the Museum of the Cherokee Indian, another beneficiary of the Eastern Band’s casino- revitalised fortunes. We have already heard much of the historical background, at least from the 19th Century on, and the museum appears to be pitched at a younger audience in any event. The combined effect is that, although interesting, it feels slightly superficial, and we’re left wishing for a slightly more in-depth look. At that same time, we feel that we have already had it. Finally – fascinated, bemused and impressed in equal measure – we leave the reservation. As we climb higher into the hills, the trees and buildings below shrink, and the vast expanse of the mountains beyond comes into focus. Mountains have a tendency to bring out the sententiously poetic in even the most stolid of characters, and that tendency must be strenuously resisted. We had arrived expecting something between kitsch and depressing. We had left a tough little proto state that consciously or unconsciously seemed to have modelled itself as Scandinavia with elbows. The Californian tries to reflect on a history he knows too little about, and it is fitting that one of us still has the taste of grease in her mouth. Southern hospitality Edenton 2020 Middle Templar 65

MOCK PUPILLAGE INTERVIEWS Mock Pupillage Interviews I first applied for Pupillage The Mock Interview Scheme was legal developments relevant to my whilst on the Bar Course in 2017. invaluable for me because of interests. This year, I applied again for my unusual background. I was the fourth time. I am well aware pursuing my doctorate at the The real interviewing process of the dangers and pitfalls, Royal College of Music some was tough. I encountered both heartbreak and hard work years after qualifying as a solicitor unexpected failures and successes. involved. before moving into artificial As I progressed through to the intelligence. This meant that I second rounds, this mock interview It cannot be overstated just how was not part of any community conversation prepared me for the valuable the Mock Interview Scheme with others applying for pupillage rollercoaster ride. is; I could not recommend it more. and could not benefit from the I am all too aware how difficult it cross-pollination of knowledge Later, he sent me an article about is to maintain the required level within a network of peers going artificial intelligence he knew would of confidence as the inevitable through the same process. interest me and I was very touched rejections come in. Doing a mock by the thought. The Mock Interview interview is vital to regaining that I focused my applications on Scheme not only led to an incredibly confidence, knowing your strengths intellectual property sets and did helpful conversation but reminded and weaknesses, and harnessing all the usual homework, looking at me that the Bar is a profession of feedback to spur you on. rankings and trying to learn about humanity as well as intelligence. individual barristers. But what might Pupillage interviews are like pancakes intellectual property pupillage Max Wong – the first is always the worst. The interviews be like? And further first pancake is always a ‘tester’, to down the line, what are the realities It has been a decade since, with make sure that the heat is right, that of being an intellectual property Middle Temple’s help, I obtained you have the right amount of oil in barrister? I had no one to ask. pupillage at a top tier set. The your pan, and your batter is the right year before I had not been consistency. You need to remind I stumbled upon the Mock Interview offered a single interview from 15 yourself how to get into the right Scheme through the Inn’s website applications. Then I was awarded headspace and to feel (or at least and applied, expecting a response a scholarship, I competed in the act) confident. Many chambers do a few weeks later. It was a pleasant Rosamund Smith Moot, and was not offer feedback after first round surprise to receive a call from the allocated a sponsor; all provided interviews, so the opportunity to Education Department that very for by the Inn. Now, when I am sit and discuss your performance same day. Within hours, they had asked whether I can assist other immediately is very valuable. found an intellectual property Silk in a Middle Templars who are looking top set willing to meet me for a mock for pupillage – by providing a You can only apply for a mock interview the next working day. mock interview – there can only interview once you have been offered be one answer. a pupillage interview, so I treated it He had clearly read my application as though it was the real thing and in detail, and he quickly discerned Obtaining pupillage remains the prepared accordingly. The barrister weaknesses within a few questions. single biggest barrier to entering the who interviewed me stayed in touch For example, I would say that there Bar. In 2020/21, there were expected following my mock interview, offering are three reasons for something, and to be 435 pupillages offered. This support and advice regarding second then fail to articulate my response as was before the Covid-19 lockdown round interviews, the Covid-19 three clear points. I asked about the which will reduce the number of situation at the Bar, and what to do kind of problem questions I might chambers offering this opportunity. over the coming months to prepare expect applying to an intellectual For these 435 places there will be for 2021 applications if I am not property set and he put short approximately 3,000 applicants. This successful this year.  practice ones to me on the spot, will consist of successful students as well as suggesting how first and from 1,624 people who began I would recommend all applicants second round interviews might differ. studying the Bar Professional Training take advantage of this scheme and Course (BPTC) in 2018/19, in addition the support offered by the Inn, Finally, I asked my questions about to former graduates from the BPTC whether you are in London or further intellectual property practice. who have been unsuccessful in away – one silver lining of lockdown is He not only gave information gaining pupillage in previous years. that nobody can tell you they cannot from a practitioner’s viewpoint Using the conservative approximation conduct electronic interviews! but put this in the context of my of 3,000 applicants the statistical unusual background. He led me chance of obtaining pupillage is one Louisa Simpson to resources where I could follow in seven (14.5%); getting pupillage is tough. 66 2020 Middle Templar

Through the Inn, I help by providing a new practitioner, or more recently Finally, I will present the candidate mock pupillage interviews either as part of the Training the Trainers with an ethical dilemma. This is in person or over the phone. course, the Inn has repeatedly where mock interviews generate The commitment is minimal taught the Hampel method for the greatest value. Ethical questions (approximately 30-45 minutes feedback (Headnote; Playback; will rarely have a ‘right answer’, and of my time) because chambers Reason; Remedy; Demonstration; the purpose is often to test how interviews are generally very Replay). There is no requirement that a candidate responds rather than short (15-20 minutes long). While feedback is delivered in this way, and to assess the answer they provide. different chambers will take various another mock interviewer may simply Whatever position the candidate approaches to their interview style, wish to have an informal chat at the takes, I will adopt the opposite the Bar Standards Board training end. and will seek to undermine their on interviews means that most will submission. Candidates may feel consist of a similar structure. There is always something of under pressure, get flustered or flip- interest within the interviewee’s flop but this simply does not matter I begin each mock interview with an application or CV to focus on next. because a mock interview is practice. advocacy exercise, normally a topical Mock interview candidates will be The purpose of the mock is to item in the news which has contra applying to sets practising in the prepare the candidates so that when points of view. The candidate has same area as the interviewer; albeit they are in the real thing, they can be a short time to prepare (five to ten not at the interviewer’s chambers. calm and poised. minutes) after which they will give The candidate will have been offered a short presentation (normally no an interview, which means the Mock interviews really help. Whether more than two minutes). Once the application will be strong. Advocacy you are a new tenant or a silk, we presentation is complete, I either is at the forefront of my practice have all benefitted from being part test the candidate’s submissions or and I like to explore the candidate’s of Middle Temple, and I feel a great ask them to present the alternative passion and enthusiasm for this area. satisfaction from contributing back in position. I can then provide feedback. It may be that other areas of practice this small way. value different skills or knowledge. Feedback is another resource that Regardless, the candidate’s Sam Thomas, 2 Bedford Row Middle Temple has provided to me, application will have a point-of- for free, over the years. Whether it interest otherwise they would not was my original advocacy training as have been offered an interview. ‘Be Not At Middle Temple we Afraid of encourage greatness Greatness’ and by donating to the Middle Temple Scholarship William Shakespeare, Twelfth Night Fund so can you Last year 105 great students received a scholarship from Middle Temple. ‘I cannot tell you what a massive difference this scholarship will make to my life and I am so excited to be starting the course’ To give to Middle Temple Scholarships contact the Development Department [email protected] Reg Charity No 314246 2020 Middle Templar 67

VOLUNTEERING AT CALL DAY MASTER ELAINE BANTON Volunteering at Call Day Master Elaine Banton was Called to the Bar in 1996. She is festivities in the garden, otherwise co-author of the chapter on Human Rights and Employment good food and drink is served in the Law for Tolley’s Employment Law and was named a ‘Pro Bono Bench Apartments. Hero for 2009’ by the Attorney General’s Office. She is a member of the Temple Women’s Forum, Co-Chair of the Bar My most favourite aspect of the Council’s EDSM Committee, on the Bar Council’s GMC and ceremony is speaking to the students Co-Chair of the Inn’s newly established Racial Equality, and their families after they have had Inclusion and Anti-Racism Working Group. some time for it all to sink in. Some paths have been quite mapped out Call Day is an important and address the students in bold, already and others will need more memorable ceremony on the Inn’s encouraging terms that will resonate planning and effort to navigate their calendar for several reasons. Marking with them for years to come. place in the world. Sharing in their our students’ successful completion hopes and aspirations for the future of their BPTC and 12 Qualifying For my part, attending Call Day has with their proud, smiling parents, I am Sessions, they are then Called to the been one of the most rewarding transported back to my Call Day, with Bar in the prestigious Hall. I aspects of being a Bencher. It is all the excitement and anticipation remember my own Call Day vividly marvellous to be present at such a that it brings. and, having attended some recent joyous, momentous occasion for the Call ceremonies since being elected students. After the ceremony, when It is a special ceremony and one that I a Bencher last Spring, this noble each student has taken rightful will continue to engage in regularly. tradition happily remains as strong as possession of their crucial certificates There are Call ceremonies in the ever. and many photographs have been afternoon and the evening, which can taken, there is time for be accommodated within a working The students are all lined up, dressed congratulations, discussion and day. I wholeheartedly encourage all impeccably in their wigs and gowns, reflection. It is indeed a privilege to Benchers to attend and take part in with proud friends and families share in the students’ excited elation this wonderful celebration, cheering them on. Master Treasurer about their achievements. In the supporting our students as they and Master Reader officiate and summer months this often involves embark on their careers as fully fledged Middle Templars. © Success Photography 68 2020 Middle Templar

© Success Photography 2020 Middle Templar 69

OUTREACH RICHARD FROST Outreach Richard Frost joined the Inn in 2015 as the Education Services This meant that Covid-19 posed a Assistant, before becoming the Bench Events Co-ordinator challenge; how could we cultivate in 2016. In 2019, Richard became the Inn’s first Outreach relationships with prospective Officer and is now responsible for co-ordinating the Inn’s students without the opportunity Equality Diversity and Social Mobility programme; Access to to meet? Part of the solution was the Bar Scheme; Open Days; disabled access and support; the same that many have found and mental health first aid. useful during lockdown; connecting instead via video conference apps or In early 2019, I joined the Inn’s The ambassadors will be tasked with telephone. Education Team as its first Outreach helping at insight events like law fairs Officer. This might suggest that and presentations and helping to Utilising social media to spread the Inn’s outreach programme only facilitate work experience and court the word, I found myself very busy began a few months ago, but in visits. indeed with virtual tours, talking to reality, Middle Temple has been students about the Inn and giving working to promote the profession Meanwhile, closer to home, we have advice on next steps and sharing to those from non-traditional been able to welcome hundreds of information on our Scholarships backgrounds for many years. Events students to tour the Inn as individuals and Access awards. An unexpected like our Open Day, which welcomes or in groups with their university, benefit has been how much this hundreds of students into Hall to presenting opportunities to learn exercise has extended the Inn’s network with our members or the about the profession, what the Inn reach. Even as we move out of Access to the Bar scheme, launched has to offer, and to sit down for lunch London our efforts are still focused by Master David Bean and Master with members in Hall. around major metropolitan areas Andrew Hochhauser, which enables and always within England and undergraduate students from families Utilising social Wales. During lockdown I have been with limited family history in higher media to spread the speaking to students engaged in education to gain some vital work word, I found distance learning, part-time students experience in chambers and with myself very busy and even some from different judges. This is not to mention either indeed with virtual jurisdictions and time zones – from the commitment the Inn’s members tours, talking to New York to Hyderabad. Students have to making Middle Temple a students about the I would not ordinarily get to speak welcoming place for students from Inn and giving to, and the added comfort of being all backgrounds, or the helpful and advice on next at home allowed us to discuss their supportive efforts of the Inn’s staff. steps and sharing personal stories in far more detail. information on our Feedback from these calls was very What having a dedicated Outreach Scholarships and positive and they will be a tool I plan Officer has allowed the Inn to do is Access awards. to make greater use of even after widen its commitment to activities lockdown has ended. promoting the profession across the What is no doubt apparent from country. A good deal of this is done the above is that the Inn’s outreach Technology allowed us to carry out in co-operation with the Bar Council thrives on face to face interaction the interviews for our Access to the and the other Inns. In the last year and in bringing individuals into the Bar Award, although when the 35 Middle Temple was represented physical spaces of the profession, recipients are able to complete their at University Law Fairs and in joint allowing students to visualise placements in a chambers and with presentations with the other Inns in themselves in the role and feel a a judge will depend on how the Liverpool, Warwick, Wolverhampton, sense of belonging. Government’s advice changes. One University of East Anglia, University way members could assist the Inn of Essex, Brighton & Sussex, though would be to offer to provide Cambridge, Oxford and Bristol, an award winner with their mini- along with other insight events at pupillage or marshalling opportunity, Queen Mary University and the Bar in particular those members based Council’s Pupillage Fair. outside of London. With the potential difficulties involving travel We have also introduced the and accommodation, a greater pool University Ambassadors project to of chambers that students could promote greater connection between travel to from home would be of academia and the Bar, and create tremendous help. opportunities for undergraduate students to connect with Barristers If you are interested in the Inn’s and gain insight into the profession. Outreach programme, and would like to get involved, please contact Richard via [email protected] 70 2020 Middle Templar

SHERRARD CONVERSATIONS LAURENCE HARRIS Sherrard Conversations Laurence Harris completed the BPTC in 2019, having been awarded the Queen’s Scholarship by the Middle Temple in 2018. He is currently working as a paralegal on a public inquiry and hopes to commence a criminal pupillage in 2021. Qualifying Sessions (QS) almost certainly make my top five Mike Hyden list of eccentricities at the Bar. Part of their charm is how they seem to focus on the future of the profession, whilst Master Araba Taylor simultaneously remaining anchored in the past, by ever emphasising the critical importance of the professional excellent. Instead, he suggested that ‘gatekeeping’ from community which, for centuries, has characterised the overstretched local councils was the overriding barrier independent Bar. Unsurprisingly, QS have had to reorient to adequate housing; a problem not best combatted by to modern social conditions, and whilst the stalwarts of legal pressure, but rather by frontline workers ‘pushing dinners, moots, and advocacy weekends endure, the Inn the problem back up the hill’ and trying to effect change has recently seen the birth of novel forms of QS. on a political level. Mr Hyden predicted that JustUs will still be required in five years’ time, short of a paradigm The Sherrard Conversations are one such development. shift in the public toleration of homelessness. In response These QS take the form of a 45-minute long interview to a question about how the charity ‘advocates’ for its with a legal (or quasi-legal) professional, followed by a clients, Mr Hyden emphasised a truth espoused by many Q&A and discussion. This is of particular help during the barristers, which is that regardless of the outcome, there long, dark pupillage application season, when students is immense value for the client in simply having someone are often short of time and energy. In addition, a Sherrard stand up for them. Master Taylor encouraged all in Conversation is considerably cheaper than a dining QS, attendance to consider using their skills as lawyers and and therefore offers a small but important contribution to advocates with frontline charities and recommended ‘Bar solving the problem of accessibility at the Bar. in the Community’ as a platform from which to do so. Prior to lockdown, I had attended a Sherrard Conversation After an hour of intense concentration, it was a great between Professor John Rubin (Albert Coates Professor shame not to be able to take any well-earned drinks and/ of Public Law and Government, UNC Chapel Hill) and or nibbles. Any attempt to enforce the usual ‘Rule of Three’ Emma Hughes (MTSA President 2017/18); a comparative (the requirement that a student not leave a QS until they perspective on contemporary criminal justice issues. have spoken to at least three people not previously known) I later observed Master Bernard Richmond interview would have required a truly heroic feat of organisation. Master John Cooper about his career at the criminal bar Nevertheless, despite the absence of post-interview and his commitment to a radical model of advocacy. discussion, the tangible sense of professional community On Wednesday 20 May 2020, I attended my twelfth and that characterises QS was not lost. As I sat in my kitchen, final QS: ‘The Key to Ending Homelessness’, a Sherrard wearing a collared shirt for the first time in 10 weeks, the Conversation between Mike Hyden and Master Araba knowledge that 75 other members of Middle Temple Taylor. Mr Hyden is the co-founder of JustUs, a charity were doing the same became a powerful symbol of the which seeks to ensure that homeless people in Bedford perseverance of the Bar in these unusual times, and a have access to the statutory support to which they are poignant reminder that Domus is far more than simply a entitled. Master Taylor is a Deputy District Judge, a former collection of buildings in EC4. housing law practitioner, and a trustee of JustUs. If you have an idea for a potential Sherrard Conversation Whereas previous Sherrard Conversations had been held and would like to get involved please contact in the Sherrard Room, this QS was hosted on StarLeaf. The [email protected] event proceeded smoothly from a technical perspective, with the only observable exception being my own inability to input successfully the access code for the meeting. The famously strict rules on QS punctuality were evidently relaxed, as despite missing the first two minutes, I was still awarded the QS. (I remain grateful for the leniency!) Mr Hyden began by setting out exactly how JustUs provided advocacy services to its clients. He argued that the biggest challenge in the battle against homelessness is not substantive housing law, which, he averred, is 2020 Middle Templar 71

ADVOCACY AT THE INN Advocacy at the Inn The Middle Temple Pupils’ Course, On Thursday 19 March 2020, along happy to have the opportunity to get due to last for two weeks, began with other pupil barristers in my this advocacy practice and get my a week before the government cohort for the Pupils’ Course, I first experience of what may be the announced the lockdown. Prior was scheduled to participate in a future at the Bar. to this, week one of the course court-based advocacy training day. continued in person and some pupils However, the week commencing Megan Cochrane chose to join the course from home Monday 16 March 2020 was the via Skype. For the evening advocacy trigger week for the UK entering Pupil Barrister at sessions, the trainers were at the Inn lockdown. People were encouraged Whitestone Chambers with some pupils whilst other pupils to work from home, the English and attended remotely. We took it in turns Welsh courts were operating at a Like most other practitioners, to perform the advocacy exercise. If significantly reduced capacity if they Covid-19 wiped my diary clean. I we were appearing remotely, it was were open and London was eerily had downloaded a full suite of video important that we muted ourselves quiet. Thus, my experience of the conferencing facilities (CVP for court, on Skype to prevent any unintended pupils advocacy course was surreal. Skype for talking to family and Zoom interruptions! The advocacy trainer In fact, given the context, none of my for our Chambers Friday night quiz) then gave us demonstrations on how cohort were certain that our court day and I had become well immersed we could improve. We had another would go ahead. However, thanks to in the virtual world. So, given my opportunity to perform whilst trying the work and organisation of the staff newfound free time, when the to implement the constructive at Middle Temple, with a particular opportunity arose to complete the criticism we had received.  shout out to Jessica Masi, and the co- Advocacy and the Vulnerable training operation of the judiciary, my cohort online, I thought I would give it a go. The opportunity to appear remotely managed to do our civil advocacy How ironic that the very method we proved very useful as many hearings session concerning an application quite often use to speak to these are now being conducted in this way. for an interim injunction with Master witnesses (video link) was the one by It was certainly an advocacy course Colin Birss via Skype for Business. I which I would learn. we will not forget! Thank you to all will freely admit I never expected to those involved who ensured the do my first advocacy session in front The first part of the session, led course ran so smoothly.  of a judge via a video-link, or have by Master Bernard Richmond, was my laptop decide to crash when my very relaxed. After all, who better Kitty Kirton opponent was doing his submissions to be taught by than the very man on costs (no reflection on him or the who led to the introduction of these Pupil Barrister at subject matter). I was honestly very principles. Using everyday topics of 2 Harcourt Buildings conversation, he demonstrated to 72 2020 Middle Templar

us just how easy it was to overlook had not been exchanged in advance, the rules, as you were concentrating so only the New Practitioner and so hard on complying with one that allocated trainer had sight of the you had usually forgotten about document. It was therefore necessary another. It was fascinating to learn to give specific and generic feedback how the very literal answers given on their paperwork. As this was not by some witnesses can take things an insurmountable difficulty (and can in an unexpected turn. For example, be easily remedied) it feels churlish to a witness who answered ‘no’ to the mention it. I only do so to emphasise question ‘were you wearing any that in all other aspects remote clothes?’ when, in fact, they were teaching worked as well as a regular wearing pyjamas. session, albeit with all the participants on the screen at the same time – like The second session focused on our the opening credits of the Brady pre-work, which we had completed Bunch. Lockdown has made a virtue using the case study of George of a necessity. I suspect we will Graham. It involved three vulnerable continue to use this format in the witnesses, all with very different future with commensurate savings needs. We had prepared questions on time and travel to no detriment to for each of the witnesses, staying the teaching experience. faithful to the rules set out within the ground rules hearing, the principles Master Louise McCullough of questioning, the appropriate toolkit and the intermediary report. I Crucible Chambers felt secretly confident, knowing I had done all of the reading and stuck to We are fortunate at the Inn that when When I found out that the NPP all the rules – or so I thought. Our lockdown came, we had already advocacy training would be over group of seven was led by Daren commenced remote teaching and video link (StarLeaf), I was unsure Samat, who took us through our had the technology to adapt. Whilst how well it would work. I was seemingly ‘perfectly constructed’ it might initially sit uneasily to teach conscious of the difficulties there questions, which turned out not to remotely, it seems to me that what had already been with conducting be so perfect after all. After trying little is lost by using this format is court hearings over Skype for to deny my questions did not fit more than compensated for by the Business, and those were usually within the rules, then trying to convenience and efficacy of teaching limited to just the judge, counsel justify my questions, the ultimate this way. Furthermore, as many more and the court clerk. The prospect conclusion was that Daren was in fact court hearings will be conducted over of sessions with ten participants right and there was definitely room digital platforms it is an essential skill plus two trainers didn’t fill me with for improvement. As the session to hone. confidence. After the first advocacy progressed, we were all increasingly session on StarLeaf, I soon realised confident in identifying errors and As with advocacy in the flesh, my early pessimism was misplaced more importantly knowing how cogency is essential, and I hope the as the sessions worked really well. to address them, critiquing each New Practitioners Programme (NPP), Of course, there were moments other’s work as well as our own. for those in their first three years of when someone’s microphone was Daren’s anecdotes on how he would full-time practice, highlighted this. still muted whilst their lips moved approach something tactically if he I had the pleasure of co-teaching at pace, or somebody’s Wi-Fi were in this position with a witness, with Master Michael Bowes – we had connection decided to furlough itself and his experience of this in practice, not previously met but he ensured and stop working. But on the whole, were particularly useful. that we had an introductory meeting the sessions went without major beforehand which helped build the glitches and I found them to be really The training developed not only rapport which is so essential for helpful and a welcome refresher my ability to deal with vulnerable successful team teaching. course for advocacy. Over the course witnesses but also my confidence of four two-hour sessions we covered in doing so. What seemed like a At NPP level we adopt a ‘Hampel- case analysis, opening and closing daunting task when I first pulled out lite’ method but were scrupulous to speeches and witness handling with the case study now seems almost ensure there was no contradictory the help of two volunteer witnesses. second nature. To anyone who is feedback (which at best spreads We also gained some helpful advice considering doing the training, I confusion and at worst undermines on how to adapt our advocacy when say go ahead. I found the teaching confidence in the teaching process). appearing in video link hearings invaluable and I am sure you will All of our candidates were fully which are becoming the new norm not be disappointed. A huge thank committed and as required had whilst Covid-19 continues. I am you to all of the Middle Temple staff drafted skeleton arguments in pleased that whilst in lockdown with and practitioners who gave up their advance. This was the only wrinkle in more time on my hands I have been evening to run this. the whole process as the skeletons able to complete the course – I consider it time very well spent. Jade Edwards Sophia Dower 39 Park Square North 2 Hare Court 2020 Middle Templar 73

FIVE PERSPECTIVES ON SPONSORSHIP Five Perspectives on Sponsorship Alice Byron, paired with Cassie help me on my way and she certainly I was given a tour of St John’s when I Williams of Bank House has. arrived – the chambers is beautifully Chambers in Sheffield: decorated and felt like a maze, as Shannon has dissected my pupillage each corridor led to another. I was led I felt that Middle Temple and the application forms, provided advocacy into a conference room and suddenly Sponsorship team took particular training and interview preparation, I felt like I was in a job interview. care and interest in matching utilised her connections on my behalf However, Jason was immediately so sponsors and students; I was thrilled and provided me with pro bono friendly and welcoming. He did not to be paired with a practitioner local opportunities above and beyond fit the mould of what I deemed to to the North Eastern Circuit. Cassie the call of duty. One thing I have be a stereotypical barrister and his has been an invaluable resource especially been grateful for was her story of how he became a barrister for me throughout the duration honest, tried and tested advice for was not a ‘traditional’ one. He gave of my Bar Professional Training effectively managing the intensity of me an insight into his life as an Course (BPTC), checking in on studying the BPTC whilst navigating employment barrister and the types me and providing moral support, the pupillage recruitment process. of cases he worked on. He offered and is continuing to offer her help me a lot of advice that day, from throughout these unprecedented Alexander Bradford, paired finding something interesting to times. Although I was initially nervous with Christopher Bates of make me stand out on applications when I contacted Cassie, as I was Lamb Building: to telling me to keep an open mind unsure how to introduce myself and when thinking about areas of law what to expect from the Sponsorship What separates the Inn’s scheme to specialise in, as you never know Scheme, Cassie has always been from a university careers services is where an opportunity may arise. happy to assist me with any queries how the Inn places you with newly and questions I had, however qualified barristers in your preferred In February, I undertook a three insignificant they may have seemed practice area. As a result, my sponsor day mini pupillage with Jason and I to me. This is the first opportunity was able to give me valuable advice cannot stress enough how valuable I have had to get the opinion of on what to really expect when those three days were. The case a practitioner, and I have found it applying for pupillage, attending was extremely intriguing, I had incredibly helpful to have the insight pupillage interviews, and practising the opportunity to see first-hand of someone who has been through at the junior end of the Bar. It is true how important client-barrister the Bar Course and understands the that some of those topics are covered relationships are, and watching Jason pressures of both the course and in various talks and panel events on skilfully cross-examine the claimant finding pupillage. how to secure pupillage. However, was an invaluable experience which what made my sponsor’s advice gave me an insight into real life Further, Cassie was of immeasurable particularly valuable was how it was advocacy well beyond what can be help during pupillage applications, specific and tailored to my situation. taught on the BPTC. reviewing my draft applications and It went far beyond the generic advice assisting me in elevating my answers I had received at the pupillage talks Each day, I looked forward to lunch to present my previous experiences and events I had attended. so I could ask endless questions in the best light and potentially stand about the case, the profession and out from other candidates. Emily Kay, paired with Jason pupillage. He assured me that not Searle at St John’s Buildings obtaining pupillage on the first round Kitan Ososami, paired with Chambers in Manchester: of applications is not the end of the Shannon Revel of Furnival world and offered advice as to what Chambers: After our initial emails, my sponsor to do in the meantime, for instance invited me to his chambers to considering joining the police or During our first meeting my sponsor introduce himself and to show me an advocacy company such as LPC was extremely frank about her around. On the day of our meeting, Law. However, he warned that a lot journey to the Bar. I have always my train broke down. I felt a rush of applicants follow the advocacy known that it was not going to be of panic as I did not want to set a route and I needed to do something an easy ride but hearing Shannon bad first impression but when I rang that stood out. Jason told me that it speak of how satisfied she was with chambers and explained my situation was never too early to start building her choices reaffirmed that it would Jason could not have been more relationships with solicitors which be worth it in the end. She reassured understanding. would be an asset to my future me that she would do all she could to career. After each day in court, we went back to chambers and Jason 74 2020 Middle Templar

introduced me to pupils and pupil now have at my disposal. And what current legal trends and forecasts, supervisors. I asked them all sorts an opportunity there is to write whilst simultaneously honing my from advice on pupillage applications about the litany of legal issues and written advocacy. I am now seven to life as a pupil. It may be cliché, but challenges that stem from these months in from my first meeting from my experiences on that mini unprecedented times. I know an with my sponsor and the experience pupillage, I am more motivated than expansion of writing beyond the has already fundamentally refocussed ever to become a barrister. remit of my original degree subject my journey toward pupillage and will enhance my knowledge of the steps I should take. Victoria Duffy, paired with Carolina Cabral at Who is eligible to act as a Sponsor? 23 Essex Street: Apart from Benchers or Silks, who are likely to be distant from the I was offered a sponsor whose problems currently experienced by new entrants to the Bar, and criminal work was somewhat Judges, who are no longer in practice at the Bar, all members of the different to the areas I envisaged Inn who have qualified and are in practice at the self-employed or joining, but this difference from employed Bar, including recent entrants, are eligible to be Sponsors.  the outset served to open my Limited experience is by no means a disqualification and in some cases mind to the prospect of a broader may be advantageous from the spondee’s point of view. practice. This in turn informed and expanded the types of chambers In turn, sponsors may gain an insight from spondees as to the content that I considered applying to. My of relevant degrees and BPTC courses and the current trials and sponsor’s pragmatic approach to the tribulations of qualifying, which may be useful to chambers when process encouraged me to consider assessing applications for pupillage etc. other areas outside of crime whilst also underpinning the importance We will aim to allocate you one spondee per year, however if you are of focussing my application, not to able and willing to have more than one please let us know.  The official mention the activities that would sponsor-spondee relationship will last for 12 months from the date of form the supporting evidence on the allocation.  Of course, with mutual consent, the spondee is welcome to form. Upon a first read through of remain in touch with the sponsor after this time. my academic credentials, alongside my tentative legal experience and What does a sponsor do? voluntary roles, her advice from the outset was constructive. She was A sponsor is not intended to act as tutor or welfare officer, still less frank about what needed to be can they offer pupillages, but they are always ready to be consulted improved as well as commending me when spondees need advice, even if only to suggest who is the right for the efforts I had undertaken. person to apply to for further help. A sponsor’s role is not intended to be onerous. We met up every two to three months after our first meeting and Sponsors can perform a valuable role by: what followed from our conversations in person was a constructive ‘what •  introducing students to the history, traditions and activities of the Inn to do next’ framework sent via email immediately afterwards. • providing advice as to what activities students could undertake to She recommended, in light of a improve their CVs busy work schedule in between my GDL and BPTC courses, how I • providing guidance on aspects of practice such as: prioritised my time, starting with an improvement of my oral advocacy. •  the different areas of specialisation This in turn encouraged me to get involved with mooting both at the •  the different sets of chambers Inn and through local debating societies. Having missed the initial •  practice in London vs on circuit start of the 2019/20 mooting season at Middle Temple, I got involved in •  self-employed vs employed Bar timekeeping, which offered me an opportunity to gently ease myself Students must appreciate that whilst a sponsor may be prepared, into an area that was lacking on my where appropriate, to give advice, it is not the role of a sponsor to: CV. As times have changed under the current restrictions we now face, •  obtain, or assist students to obtain, pupillage the final meeting we had in February 2020 discussed the opportunity •  help students with their work to realign my interest in historical writing and research toward a more •  draft CVs legal focus. This was an idea that has now formed a central project •  complete application forms during the lockdown, an opportunity to utilise the vast amount of time I •  help with “networking” If you are interested in acting as a sponsor or have any questions, please contact the Education team at [email protected] 2020 Middle Templar 75

THE ROLE OF AN INN OF COURT CHRISTA RICHMOND The Role of an Inn of Court Christa Richmond is responsible for the Inn’s The ethos of the profession, characterised by collegiality, Education Department. A graduate of integrity, respect, and diligence, will best be internalised Stuttgart University, Christa taught German at by exposure to those who live and work by it. Ethos is not Bristol University for a number of years before instilled by regulation, but by interaction with members of working for Cumberland Lodge as a the profession to whom it is second nature. Students need Conference Co-ordinator. She first joined the to feel part of a professional body with a particular set of Middle Temple to work with Michael Sherrard standards from the very beginning as an integral part of when he established the Inn’s advocacy their training for the Bar. Once in practice, barristers’ training programme, and she became Head of approach to their work will continue to be informed by Department in 2002. interaction with their peers. Their customary reference to colleagues as ‘my learned friend’ in court is an expression At a residential weekend earlier this year, I found myself of this respect for their peer group. holding forth to the Treasurer about what I thought the role of the Inn was in the area of education and training. As How do we set about making students become and I was trying to put my understanding of our purpose into remain part of this professional body? We do it by words, I realised that I had never done that before, even providing the best possible education and training though that purpose informs the work of our whole team. opportunities at all stages of members’ careers. The High time, therefore, to explain. compulsory elements of training consist of Qualifying Sessions (QS - formerly known as dinners) for students, The Inn is a community of practitioners whose members followed by post-Call training, which provides courses on share the values and ethos of the profession. Incorporated advocacy and ethics for Pupils and New Practitioners, and in the Bar Standards Board’s (BSB) regulations, these later, by Continuing Professional Development more values include a duty to the court and to the client, a generally. thorough knowledge and understanding of the law, and competence in advocacy to a very high standard. But QS illustrate the role of the Inn particularly well in that they values do not come to life in the abstract. Students and lay the foundations for the relationship between members other new entrants to the profession will not automatically and the Inn, but also between members among each absorb them by studying the Code of Conduct. other. The Inns have recently formalised, in a Memorandum of Understanding with the BSB which was    E thics, Standards adopted in March 2019, that the following areas should be and Values covered in QS:    A dvocacy Skills • Ethics, Standards and Values;    L egal Knowledge, • Advocacy Skills; Justice and the Rule of Law • Legal Knowledge, Justice and the Rule of Law;    Equality, Diversity • Equality, Diversity and Inclusion; and Inclusion • Preparation for Pupillage, Career Development    P reparation for and Wellbeing. Pupillage, Career Development The language of regulation makes it inevitable that those and Wellbeing elements are listed individually. In reality, most QS will touch on more than one, occasionally even all of those elements which make up professional experience, shared with students by the barristers and judges who provide the QS. The best educational events provide not only a ‘recordable’ educational element, but interaction with senior members of the Inn. Residential weekends are the most impressive example, but there are many other events which provide a high degree of interaction. I am thinking here of All Inn Dining, especially in its new format with smaller numbers of participants and a focus on particular areas of law, or the Sherrard Conversations. Broadly speaking, it could be said that the Bar Course provides the knowledge, skills and attributes which are assessed as the vocational component of training for the Bar; the Inns provide the introduction into the professional community. By the time a student is Called to the Bar, we hope that he or she will truly regard the Inn as Domus, their professional home. 76 2020 Middle Templar

QUALIFYING SESSIONS AISHA REHMAN Qualifying Sessions Aisha Rehman was the recipient of the 2019 Diana, in chief, cross examination, Princess of Wales scholarship. Aisha completed her LLB plea in mitigation and a closing with a 2:1, then went on to be awarded a Commendation speech. Master Paul Garlick gave in an LLM in International Human Rights Law at City my group ongoing constructive University. Aisha is currently enrolled on the 2020 Bar feedback throughout the sessions. Course at City University. Opportunities to revise performances were encouraged and I gained a new As soon as students begin the Bar which I attended with a friend sense of confidence in advocacy. It Course, we are encouraged to think from a non-legal background. The was tiring, but there was so much about our mandatory 12 Qualifying collective and individual experiences to be gained. I took full advantage Sessions (QS). Before attending of the speakers had such a profound of the opportunity to network in the any I was aware that they were impact. It was an extremely open evenings and to attend the church supposed to be a great opportunity and honest discussion addressing service with Her Majesty The Queen. to network but did not really have issues faced by a person of colour any idea what a QS would be like. background at the Bar: impostor Onto my first Sherrard Conversation. I remember thinking it would only syndrome, the guilt of trying to In such a short burst we learnt consist of formal dinners. I come from establish your own practice whilst so much from the speaker, Chris a working-class background, am the also encouraging diversity at the Bates, who shared his journey from daughter of Pakistani immigrants, Bar and supporting students. All of the Bar course to pupillage. I also and did not learn English until I the topics gave rise to constructive attended an All Inn Dining, Preparing attended primary school, aged five. discussion and I have no shame in for Practice: Public Law, in a more I did not feel equipped for formal sharing that me and my friend cried intimate setting than the previous dining, with the added pressure of whilst walking back to the tube. dinner. By this point I had become engaging with some of the finest There was more hope of success than acquainted with numerous members legal minds in the country. I had initially expected. of the Inn. It finally began to feel like a family and a home. It was also The range of QS available was a My third QS was the Treasurer’s the first time I met a barrister who surprise. Not only was there All Inn Lecture by Master Nick Hardwick; wore the hijab, something that, until Dining, but lectures, author readings, The Prisons Crisis: What’s gone that moment, I had not realised how and a residential advocacy weekend wrong and how to fix it. This was a much I needed to experience. at Cumberland Lodge, which thought-provoking lecture which counted for three QS. gave rise to many questions and My final QS was a book reading with ample opportunity to network. Master John Dyson. I purchased a My next step was to look at finances; copy of his book which he signed could I afford to attend the sessions? Then came my first formal dinner. The for me, and during the reading he The student price was often far less rules were simple: locate your seat, discussed his reasoning for writing a than a regular ticket; prices ranged no talking during the introduction memoir and gave context to specific from £5 for lectures, to £88 for the and Grace, do not leave your seat chapters and their importance. A advocacy weekend. until the comfort break. It was the once in a lifetime experience. first opportunity to see the traditions I tried booking the first sessions of the Inn in person. The confusion Most QS are in the evening, timed to that were available, but they were began when trying to ascertain when accommodate work and education sold out. I settled for securing a to remain seated or stand during commitments. Completing your QS ticket to the Introductory Session for speeches, however the Masters of requirement is not a task to be taken London students, assuring myself the Bench were there to assist. Not lightly. I met students who completed that I would figure the rest out at a long after this, I attended my first their QS at a rapid pace, with minimal later date. The Introductory Session Bench Call. It was extremely formal. networking. There are events that are informed us of the different services The most striking part of the evening organised throughout the academic available, including library resources, was when the Benchers processed in. year and it is vital to not lose access to the Church, counselling I noticed that only one was a person momentum in your networking. and Sponsors (mentors). It also of colour, Master Elaine Banton. allowed me to get to know students Navigating so many aspects takes from other institutions and become Then came Cumberland Lodge. The patience and endurance. Socialising familiar with the Inn. grounds were scenic, the Lodge itself with your peers is such an under- holds great historical significance, rated ingredient of life at the Bar, so I The following month I was able to the food served was amazing. The am glad that the Inn encourages this book seven QS online with ease. quality of trainers was of such a and there are so many opportunities My second QS was Black History high standard. We learnt the art of to do so at Middle Temple. Month: Experiences at the Bar, advocacy including examination My only regret is not yet having attended a karaoke night; though there is still time for me to rectify that. 2020 Middle Templar 77

FIRST KURDISH IRAQI BARRISTER ZERIAN KARIM My Journey to the Bar and Becoming The First Kurdish Iraqi Barrister Zerian Karim studies the BPTC LLM at BPP University in Leeds. up being a housewife in the end She studied Law and Business studies at the University of anyway. Such gender inequality Bradford and the GDL at BPP University. She works as a Child within my adopted British Kurdish and Adult workforce interpreter within the Legal Sector. She community surprised and saddened hopes be Called to the Bar in November 2020 as the first Iraqi me. Such barriers motivated me to Kurdish Barrister in England and Wales. strengthen my resolve to achieve my goal of studying law. It was important Why do members from ethnic boundaries were being set for my to keep reminding myself of the minorities, instead of following their sisters and me. As young women we power within me, of the need to dreams of becoming a barrister, were not given the same freedoms as break stereotypes. To prove that settle for less? The issue of diversity is young men our age. When people like me, a Kurdish woman an important challenge facing the questioned we were told that such from an ethnic minority in the UK, Bar. Those from ethnic minorities boundaries were in place because could dream bigger and achieve often believe there are limited women are perceived as being weak anything you set your mind to. opportunities for them at the Bar; as and unable to think clearly. Instead of a result they deprive themselves of being despondent, I became I also saw it as my responsibility to following their dreams. I want to motivated to show that I, as a help break the often hidden cultural initiate a change in thinking and help woman, was able to achieve my goals and social barriers prevalent within inspire others to follow their dream of and prove them wrong. the British Kurdish community and becoming a barrister. the wider British culture around In 2012, I moved to England following the perceived position of women. My own story started in 2003 with my my marriage to my Kurdish husband. This belief has strengthened my family’s move from war-torn Iraqi My intention was to continue my passion to act as an advocate for the Kurdistan (Southern Kurdistan) to education. I had always had a passion vulnerable within society and what Sweden. Cultural and social for the field of law and was interested better way than becoming a barrister. differences became immediately in being able to represent the most apparent, at times even diametrically vulnerable and disenfranchised in In order to achieve my dream, I opposed. This was especially so in society. However, even here in studied Law with business at respect to the perceived role of England I was confronted by the Bradford University. In addition, I women in society. I observed what I taught cultural norms of the Kurdish sought work as an interpreter within perceived to be injustices being community that made it clear that the legal sector. This experience suffered by Kurdish women in my such aspirations of university and exposed me to a variety of cases in own community, such as gender studying law would be beyond my and outside court. I then gained inequality and disenfranchisement. I capabilities as a married woman. more work experience at chambers began to ask myself, what could I do? Cultural norms dictated that family and firms, including mini pupillages, However, as a Kurdish woman I felt took priority over career aspirations in order to gain a deeper insight into powerless to be able to make a and especially when we talk of the profession. These experiences difference. This was made very women. I often heard people say that made me realise that my areas of apparent when visiting family in there was little point in me pursuing interest are immigration, family and Kurdistan. I suddenly realised that my dream career, since I would end criminal law. I also participated in pro- bono work at university over the past two years. I am currently studying the LLM full-time and hope to be Called to the Bar in November 2020. A career at the Bar, I have learned, is not necessarily one without risks, but these risks motivate me to succeed. I have shown through my own journey of learning that dreams are possible to achieve. Determination to succeed has been my driver. Cultural background and life’s experiences should be viewed as a positive. I hope that other women, including those from ethnic minorities, will be inspired to pursue a career at the Bar. 78 2020 Middle Templar

TURNING THE TIDE AGAINST CORRUPTION IN THE CONGO GABRIELLE COMPTON Turning the Tide against Corruption in the Congo Gabrielle Compton was Called to the Bar in 2016 and where another colonial charter practises criminal law at Lamb Building. She is also one superseded the ‘Belgian Congo’ as of the first British barristers who is dual qualified in the its rule of law. After a mass Democratic Republic of Congo. movement, the country finally received its independence on The Democratic Republic of Congo constitution. This turbulence has Thursday 30 June 1960. During its (DRC), formerly Zaïre, is a country inevitably given venality the chance changeover, the state used La Loi known as a victim of corruption. The to escalate. Fondamentale du 19 Mai 1960, a country has been a hub for civil war transitional constitution which was and pillaged for its natural resources The DRC was first inhabited by drawn up by Tribal Chiefs and the by both neighbours and the Pygmies, locally known as the Belgian government. international community. Since its ‘Batwa’, who predominantly lived on independence from Belgium 60 years the outskirts of the Congolian In 1965, Mobutu Sese Seko staged a ago, establishing the rule of law has rainforest. In approximately the 15th coup d’État overthrowing Congo’s been awash with chaos, allowing it to Century BC, the ‘Bantus’, an first President, Joseph Kasa-vubu. be contaminated with corruption. indigenous people, who originated in History remembers Mobutu as a However, the attitude is changing; now south-eastern Nigeria, migrated flamboyant ruler and dictator who there is now some light in Africa’s to the DRC, pushing the Pygmies to re-named the country ‘Zaïre’. This era ‘heart of darkness’. flee deep into the rainforest. The was governed by La Constitution 24 ‘Bantus’ founded prosperous Juin 1967 until the mid-90’s when the In the late eighties, work took my Kingdoms and created their first of two deadly civil wars began. father, an English man, to the DRC customary laws which were respected Laurent Désiré Kabila toppled where he met and married my and most importantly upheld over Mobutu in 1996 and was assassinated mother, a Congolese woman. I have millennia. It was the declaration of by his bodyguard a year later. His always been very aware of my dual the DRC as a ‘free state’ in the late son, Joseph Kabila, was positioned heritage and when choosing a career 1800’s which inaugurated instability. as the head of state where he I aspired to do something that not remained until 2019. From 1997 to only makes a difference but ties both The ‘Congo Free State’ became the 2003 the DRC was governed by Le of my cultures together. personal property of King Leopold II Décret-Loi Constitutionnel n°003 du of Belgium, infamously known for 27 Mai 1997. The civil wars resolved, I was Called to the Bar by the Middle enslaving the Congolese and and a new constitution was accepted Temple in November 2016. Two years severing the hands of those that did in 2006, La Constitution du 18 Février later, I became legal counsel in the not meet their daily rubber farming 2006. Although there is still some DRC. In England and Wales I practise quota. During this time, the DRC was corruption, it is with this stability that at the criminal bar and, in the DRC, I governed by the Charte de l’État the country is blossoming and practice civil, commercial and indépendent du Congo which acted affirmative steps are being taken. criminal law. My instructions vary from as its constitution. In 1908, the DRC advising local government on foreign became an extension of Belgium The new President, Felix Tshisekedi, investment to assisting private has campaigned for the eradication landowners from people applying of corruption, and this attitude is ‘tribal law’ to take over the land. spreading. New magistrates tasked Overall, my experiences with the with processing files linked to legal process have been positive. As suspicions of corruption have been in England and Wales, the system is appointed. In April 2020, Vital underfunded, and there is always Kamerhe, the President’s Chief of room for improvement. Yet, in the Staff, was arrested for DRC, there are still undertones of misappropriation of public funds. corruption in practice. These Holding authoritative figures undertones are silent and are limited accountable for corruption is one of not only to the passing of ‘brown many bold moves the legal system is envelopes’, but questionable actions taking, in order to uphold the within the system, including the constitution. appointments of particular judges. The DRC’s history of a ‘game of With its constitution just shy of 15 thrones’ has led to an ever-changing years old the DRC is still in its genesis and exterminating corruption will prove to be the nation’s critical rite. Nonetheless, as I stated at the start, a light begins to shine in Africa’s ‘heart of darkness’. 2020 Middle Templar 79

THE SCHOLARS’ DINNER JOSHUA JACKSON Troubled Journeys on the Path to Justice Joshua Jackson is the 2019 Queen’s Scholar with an LLB from the We do not have to look further than University of Birmingham and an LLM in Public International Law the walls of Middle Temple to find from the University of Amsterdam. He is due to become a pupil examples of impassioned advocates barrister at Cloisters, where he hopes to practise in public, who have committed their careers to human rights, environmental and employment law. these ideals: Joshua’s speech at the Scholars’ under the control of paramilitary 1. In October last year, Jennifer Dinner on Monday 14 October 2019. groups, a bullet through the knee Robinson, a recent member of was the consequence for stepping Middle Temple, successfully Each of our journeys will no doubt out of line. In such communities, defended the right of anti-fracking have been unique and diverse. My the rule of law gave way to the rule campaigners to protest. The journey started in Northern Ireland; of fear. importance of such a right has that place which is technically part of been accentuated in the age of the United Kingdom and which some This chapter of Northern Irish and climate breakdown. of you may not have known much indeed British history can teach us about until it ruined Theresa May’s something; the need for there to be 2. In February this year, Master Brexit plans. people prepared to hold power to Phillippe Sands appeared before account. The importance of such the International Court of Justice Others may know of my home from ideals has echoed through British and succeeded in securing a ruling its fractured past, three decades of courts for centuries. that the United Kingdom was in civil war known as the Troubles. I was violation of international law by born during this period; its legacy Just two years ago, Lord Reed said displacing indigenous peoples shaped my upbringing. the following in the UNISON Case: from the Chagos Islands. ‘At the heart of the concept of the I would like to reflect on a few rule of law is the idea that society is 3. In June this year, Martin aspects of that legacy. The corrosion governed by law… In order for the Chamberlain, a former Middle of the rule of law; the corresponding courts to perform that role, people Temple scholar, appeared before lack of access to justice for those who must in principle have unimpeded the Court of Appeal as it held that needed it most; and the consequent access to them. Without such access, UK arms exports to Saudi Arabia impunity that comes with laws are liable to become a dead for use in Yemen were unlawful, unaccounted power. This manifested letter’. thereby halting our contribution to itself in different ways: a humanitarian catastrophe of A few decades earlier, Lord Denning immense proportion. Internment – This was a policy in poignantly spoke of the function of which thousands of often innocent law in holding power to account, 4. S even years ago, Master Jessica people were indefinitely detained when he said ’be you ever so high, Simor helped establish a without charge or possibility of the law is above you’. precedent before the Supreme appeal. An affront to any conception Court that required the State to of the rule of law. The legacy of the Troubles grounded investigate killings by the police my desire to be a barrister. I would and army during the Troubles. That The licence of state and non-state invite everyone to reflect on what first case has opened the door for actors to kill civilians without legal inspired them to become a barrister many families from my home to reproach – This was most tragically and hold on to that as we progress achieve some measure of access to demonstrated on Bloody Sunday. through our careers. While I doubt justice for the loved ones that they The families of victims are still many of you grew up in Belfast, I am have lost. seeking access to justice in our confident that there are many people courts today. that have been driven to this point in We have big footsteps to follow. Let their journey by a deep-seated us dedicate our journeys to Kneecapping – In a functioning commitment to use law in upholding the rule of law, fighting for justice system, a sanction such as furtherance of justice. access to justice for the vulnerable, imprisonment follows the crime. But and speaking truth to power – in many Northern Irish communities regardless of our practice area. 80 2020 Middle Templar

THE ICCA BAR COURSE LYNDA GIBBS QC (HON) The ICCA Bar Course Lynda Gibbs is a barrister and legal academic. She joined the films with judges and practitioners to ICCA in 2015 and became the Dean in 2019. She co-authored bring litigation to life for the the ‘Advocacy and the Vulnerable’ Course and developed the students; they will not be studying it new two-part Bar Course. She was recently appointed in the abstract. Honorary QC for her contribution to vulnerable witness handling and Bar training. In December 2020, our first students will sit their BSB exams and progress 2019 was a momentous year for The from the new online course. to the Part Two course, which will be Inns of Court College of Advocacy taught within the precincts of the (ICCA) and our new two-part Bar This course offers an entirely new Inns; at Gray’s Inn for March 2021 and Course. After months of blood, sweat approach to Bar training. Students at Inner Temple in September 2021. and tears, we finally received will study our online course for 14 to Students will receive 20 to 22 weeks conditional authorisation from the 16 weeks and prepare for the BSB’s of intensive skills training by the best Bar Standards Board (BSB) to deliver centrally set exams in Criminal and tutors in the profession. We are the course from September 2020. Civil Litigation (including Alternative designing over 40 advocacy classes Our academic partnership with King’s Dispute Resolution). These exams are and have an entirely new course College London (KCL) was sealed not easy and many students fail ready to teach. We are designing which means that ICCA Bar them. We have designed a course bespoke opinion writing and drafting graduates will receive a KCL which is mapped directly to the BSB sessions and have a commitment ‘Post-graduate Diploma in Bar curriculum and we have created from three of the SBA’s to provide Practice’ upon successful completion cutting-edge digital assets to specialist lectures and workshops. of the course. The third and vital highlight and explain the syllabus, piece of the jigsaw fell into place especially those areas that students Who are these students? We invited when the Office for Students (OfS) find the most difficult. Underpinning 185 students to a selection event referred us to the Quality Assurance all of that are seven bespoke case held over three days in February and Agency (QAA) for a quality and studies which have been brought to we made 136 offers. Of those, almost standards review in September 2019. life in 33 films, featuring the 90% accepted and 58 students are After an agonising delay, caused by characters and advocates in those set to start their online course in new procedures for the OfS, we were cases. ’If only there had been such a September. The next group of 54 registered as an HE provider in thing when I was on my Bar Course‘, I students start in January 2021. Our January 2020. hear you say. students have already demonstrated, by way of assessed advocacy, written Whilst all that was going on in the Added to these assets are over 500 work and an interview, that they are background, we were out on the road BSB standard practice questions motivated and able. We have very meeting prospective students at 30 which will prepare students fully for high hopes for them at the Bar and different universities and Law Fairs up their exams. We are fortunate beyond. and down the country. We made 19 enough to have on the ICCA promotional films and delivered three academic team several of the BSB’s We have set ourselves very high webinars, which are all available on experienced writers and examiners, standards and we have already our YouTube Channel. If nothing else, so we can be sure that we are writing achieved one of our stated aims, I urge you to watch our ‘Introduction exemplary questions. which was to be awarded a to Part One’ film which gives a Certificate of Recognition from the two-minute snapshot of the type of Each online lesson features a full Bar Council of our commitment to thing that our students can expect introduction from one of our tutors the wellbeing of all of our students. and we have recorded podcasts and We are extremely proud of what we have achieved and eternally grateful to the Inns for making it possible. 2020 Middle Templar 81

THE INNS OF COURT CAMILA FERRARO The Inns of Court Camila Ferraro is this year’s President of the MTSA and is also a in the Legal Services Act 2007, Jules Thorn Scholar. She was born in Colombia and raised in among other legislation. The debate Cambridge. Camila is passionate about international criminal has since transitioned to what more law and advocates for minority backgrounds at the Bar. the Inns could offer to their members. Alongside her studies, Camila works as a Modern Slavery Support Worker at the Medaille Trust. The BSB has delegated three formal duties to the Inns of Court. The first; Previously printed in Counsel Magazine. the provision of membership to student barristers prior to their The Inns of Court are an essential to an English common law system in enrolment onto the Bar Professional part of the Bar. However, over recent 1218. Both Henry II and Henry III Training Course (BPTC). The purpose years, there have been growing issued proclamations prohibiting the being to facilitate the Inn’s duty to concerns about their relevance and teaching of civil law in the City of perform checks on their students and longevity. In 2019, the Inns of Court London. This led to common law to also oversee their conduct. Each and the Bar Standards Board (BSB) practitioners relocating their Inn ultimately needs to reach a signed a Memorandum of premises and forming the Inns of conclusion on whether their student Understanding, which clarified the Court. They served, as is suggested members are ‘fit and proper’ to be duties of the Inns. The turn of a new by their names, as places for Called to the Bar. Should there be decade calls for a review of how the barristers to lodge, train, and carry any alleged misconduct by student Inns operate and what changes may out their profession. Prior to the members, it is the Inn’s responsibility enable them to create a more creation of the Law Society, there to investigate the matter. positive externality. were also several Inns of Chancery. Following the First English Civil War, The second duty of the Inns of Court In other industries, such as chartered the Inns of Chancery served as is to provide Qualifying Sessions (QS) accountancy, a single organisation accommodation and offices for for students. These sessions are undertakes the roles equivalent to solicitors. In 1823, the Inns of viewed as complementing the both the Inns of Court and the BSB. Chancery were abolished in favour of vocational training component of the Closer to the Bar, this is also the case the Law Society. BPTC. Each Inn is responsible for for solicitors whereby the Law Society, devising a programme of QS in line with the SRA as its arm, executes Following a recent review, the BSB with the guidelines agreed with the both roles. One may question why has concluded that the Inns of Court BSB. QS can range from lectures and the Bar operates four Inns of Court. are a vital component of the Bar and formal dinners to debating and The answer is historical, with the Inns that membership of an Inn should mooting competitions. Longer predicating both the solicitor and remain compulsory for students who programmes may also be eligible for chartered accountancy institutions. are training for the Bar. Indeed, there consideration. For example, Middle is a heritage that the Inns have Temple operates advocacy training The Inns of Court emerged as Britain helped preserve at the Bar. The weekends at Cumberland Lodge. moved from a Roman civil law system existence of the Inns is also enshrined The third duty is to Call eligible members to the Bar. From 2021, this will include a standard Disclosure and Barring Service check for every member being Called. Beyond the guidelines issued by the BSB, the Inns of Court also offer a space for members to develop a community of professional practice. The Inns are equipped with endowments to provide ample scholarships, and facilities such as the Library give members more reasons to visit them. However, I would argue that the most vital role of the Inns has been due to a more recent development. The re-introduction of the Inns of Court College of Advocacy brings to the Inns a real raison d’être. From September 2020, the Inns will, through the Inns of Court College of Advocacy, provide a Bar Training Course on their premises. This has considerably 82 2020 Middle Templar

IN THE SHOES OF AN OUT OF LONDON STUDENT RACHEL KER CHI NG driven down the prices of the BPTC, that a high proportion of aspiring expansion problem. In my opinion, with some academic institutions barristers who successfully complete one solution could be the creation of reducing their tuition fees from over their examinations are not successful. a large co-working space with built-in £18,000 to £13,000. collaborating environments. This may In light of these figures, I would be difficult to execute, but a One area that I would like the Inns to recommend the Inns initiate a conversion of one of the grand be more involved in is pupillage. The conversation regarding pupillage gardens to such infrastructures may Inns currently offer student members with the BSB. A detailed review of help chambers expand their practice. a range of practical learning this matter may highlight some Additionally, a lesson learned from opportunities to better equip potential solutions. The BSB has Covid-19 could be that a large themselves in their quest for been clear that pupillage is an percentage of work may be pupillage. For example, the Middle important element of training for the conducted from home. Temple Students’ Association Bar. However, there may be more that annually hosts a series of pupillage could be done to increase the It is not an expectation for the Inns of events to help applicants. However, number of pupillages on offer. Court to undertake more activities there are bigger obstacles pertaining Speaking to some barristers, than they are capable of. However, to pupillage. In 2017/18 academic limitations include a lack of space or there are areas where the Inns could year, there were 1,624 students resources from chambers. Although step in. If they were to collaborate enrolled onto the BPTC. With an the Pupillage Matched Funding with one another and provide a direct increasing backlog of candidates, Scheme administered by COIC has co-working space, it might ease the there are now almost 3,000 applicants led to a contribution of £60,000 per pupillage queue as well as catalysing for pupillage positions annually. annum from each Inn of Court industry growth. Meanwhile, only 435 pupillage towards pupillage, many agree that positions are available. This means the industry also faces a physical In the Shoes of an Out of London Student Rachel Ker Chi Ng is a student member currently barristers to ask questions about the undertaking the BPTC at Northumbria University, route to becoming a barrister. Newcastle. She is one of the student representatives for Middle Temple and has assisted the Inn with 12 QS may seem hard to obtain at organising Out of London Qualifying Sessions. Rachel first, but the Inn has made it rather is fluent in four languages and is a beginner boulderer. easy; an introductory weekend allows students to gain up to four points. Prior to signing up for the Bar to not see QS as a chore, but more of Travelling to London from Newcastle Professional Training Course (BPTC) a chance to network with peers from may seem daunting (and expensive), during my degree, one thing that different universities in the UK and but one benefit of being an Out of comes to mind on the application members who are already at the Bar. London student are the options to is a column asking for my Inn attend QS that are organised locally membership. I made my choice to be The weekend started with a Music by student representatives. Clocking a Middle Templar. As an international Night where members, both junior up 12 QS before your Call Ceremony student from Malaysia, I was not and senior, danced the night away does not seem like such a chore, really sure what role my Inn would serenaded by the Wandering Soul but more of an enjoyment. I always play. All I knew at the time was that I Band after a formal meal. The actual look forward to my next QS when I would have to attend 12 Qualifying introductory session took place the can socialise with other students and Sessions (QS) before I was Called. next day, when student members forget about the pressures of exams were given a tour and a short history and assessments for a single evening. Come September 2019, I enrolled for of Temple Church by the Master of the BPTC at Northumbria University, the Temple, Master Robin Griffith- Middle Temple has given me the Newcastle and received an email Jones. Lectures given during the opportunity to speak to various about the first QS that I would Introductory Sessions were focused members of the Bar; improving my have to attend – the Introductory on guiding students towards social skills and helping me to realise Weekend. This weekend comprised pupillage after being Called to the that the BPTC is not as daunting of what I would call a crash course on Bar. An introductory weekend would as it seemed. The Inn really seems being a Middle Templar and a taste not be complete without an Ordinary like a second home after university of what being a barrister is all about. Dining Night, when student members and I will always be grateful for all I would ask for all student members get the chance to speak to practising the support that the Education department provides to students. 2020 Middle Templar 83

STUDENT LIFE AT THE INN RACHAEL POPE Student Life at the Inn Rachael Pope studied Classics at King’s College London, personal experience during this followed by a few years working full time in project academic year, I know I will still management. She completed an MA in Linguistics at participate in life at Middle Temple in University College London (UCL) and is currently at City the future. I am glad that I saw a world University studying the BPTC having completed the GDL at beyond QS early on and tried a the same institution. variety of the events and activities. Before joining Middle Temple as a enough to say good morning to Her It was by no means an easy task to student member, I had little idea of Majesty the Queen; a very pleasant undertake. It required diligent time what to expect aside from knowing and unexpected end to the weekend. management and a few sleepless that I had to complete 12 Qualifying Aside from completing a total of 15 nights to ensure that all of my Sessions (QS). As a student of the QS before the Michaelmas break, I competing commitments were Graduate Diploma in Law (GDL), I was also participated in other activities fulfilled. It was well worth it and able to prepare myself for what to and programmes held by the Inn for looking back I would do it all over expect on the Bar Professional the benefit of its student members. again. Training Course (BPTC); namely a lot The ‘Be Heard’ course taught me how of work over a short period of time. to use my voice, the Rosamund Smith I feel it is also prudent to say a few On the other hand, Qualifying mooting competition helped me to words about the Inn’s response to the Sessions were ‘the great unknown’. develop my mooting skills, despite current pandemic that we are going Additionally, I did not know any other being knocked out in the first round, through. There has been a Herculean members of the Inn, student or and even writing this article for the effort to ensure that those who still otherwise. Middle Templar was an unexpected have QS to complete can do so but welcome opportunity. online. While I completed all of my My first event was the introductory At each new event I truly embraced sessions last year, I have been so glad student evening in September during the rule of three, and made sure that I to see that everything that I think and the first week of the BPTC. It was well spoke to at least three new people, feel about the Inn holds true, attended and gave a great overview however, it always ended up being especially in a time such as this of what was to come over the next many more. I can now say that I see shrouded in so much uncertainty. academic year. We were also sent a more and more familiar faces when I booklet by email which contained visit the Inn and this is entirely due to If you are starting the BPTC in 2020 or everything we needed to know about my participation in a variety of the are still completing your QS, I would life as a student member of Middle student events. By virtue of my recommend that you try to sample a Temple. I must be honest, before variety of the events on offer, make attending this event I was solely Cumberland Lodge sure that you are adhering to the rule interested in completing my QS as of three, and try to enjoy your time as quickly as possible. However, one of a student member of Middle Temple the speakers mentioned that we will as it will fly by! ‘get out of our experience as a student as much as we put in’ and that stuck with me. Over the next four months I managed to attend a variety of events: a Sherrard Conversation, which discussed the climate crisis and lawyers participating in the extinction rebellion movement; an author’s reading given by Sarah Langford, which gave great insight into not only her book but also her practice; and a karaoke evening, which was a great opportunity to meet fellow Middle Temple students and see a different side to the Inn. By far my favourite QS was the time I spent at Cumberland Lodge. The advocacy exercises were invaluable in helping me to develop my skills, I was able to get to know even more members of the Inn and I was lucky 84 2020 Middle Templar

COMMERCIAL AWARENESS CONNOR BOLAND Don’t Let Commercial Awareness be a Bar to Success Connor Boland completed his New Zealand recent cases or news stories which may affect the decision. Law (LLB) degree at the University of Ultimately, what is important is being critical and knowing Nottingham, and is currently finishing his the context, and commercial awareness is the thought BPTC at the University of Law Birmingham and process by which you understand this context. hopes to conduct a mixed practice. He is the As you can imagine, now that we know that commercial Editor-in-Chief of the site LittleLaw which awareness is just as much about critical thinking as it is helps aspiring lawyers develop their about knowing what is happening in the sector you commercial awareness. practise in, there are lots of ways to improve your commercial awareness. Watching the news, reading the Commercial awareness. We have all heard that weird and papers, taking courses that help you develop your wonderful term thrown around at university: ‘you need to analytical skills; the list could go on. But we are busy be commercially aware to get a job in law’; ‘you need to lawyers and we do not have time to spend hours trawling improve your commercial awareness in order to be a through the internet to constantly keep on top of current serious candidate’. It was up there with snails in beer events. That is where the sites specifically aimed at bottles and men on Clapham omnibuses. Yet despite developing your commercial awareness come in. telling us we needed it, no one ever told us what it was. Specifically, I would like to mention the site LittleLaw. But that did not matter, right? We were going to be LittleLaw is specifically targeted at law students and barristers and barristers do not deal with such ‘solicitor-y’ lawyers and does the hard work for you; it tells you what things. Well that is not the case. Commercial awareness has happened and why it is important from a legal remains as important to us as to our solicitor counterparts, perspective. I know this because a friend and I started the and we need to stay on top of it. site to address this specific point (it is an unholy fusion between an aspiring barrister and solicitor). We create Before delving into what commercial awareness is, it is short, digestible articles that are designed to be read in important to point out what it is not: it is not simply for three minutes or less; perfect for your commute into those practising in finance or chancery. Although it is university or to court. You can see all of the latest news on especially relevant for those sectors, commercial our website, littlelaw.co.uk. It is worth a ‘little’ look. awareness can be just as important for those practising in crime and family as it is for other areas. Prima facie, this Regardless of where you find it, I hope that you now have a may not look like the case, but like the term prima facie greater appreciation for commercial awareness and can itself, we have to look at its meaning; if we can crack Latin, use it to help you further your career. Stay safe (and we can crack commercial awareness. commercially aware) in these strange times. So, what is it? Commercial awareness can be split into two separate aspects. Knowing what is going on in the world and knowing why it is going on. The why is the context surrounding an event. Many people often focus on the what aspect. They focus on which company made a deal, what ruling was given or the latest statistics for a sector. Inevitably, that knowledge will always differ depending on what you are looking at. The crucial aspect is the thought process. If you can analyse why something happened, and not just know that something happened, you will have a much greater understanding, a much greater ‘awareness’. For example, say company X acquired company Y, both of which are technology companies. Approaching this from a commercial awareness perspective, you need to know why and how this event happened: was Y performing poorly, was Y a threat to X, are acquisitions common in the technology sector, what implications does this have for competition in the technology market and what did regulators think of the acquisition. You have to look beyond the initial headline. This allows you to carry those insights to the next case and better predict, or influence, what may happen. The same principle applies to all areas of law. Looking at a family law context, it is important to understand the current climate in order to predict what decisions will be made over issues like child arrangements. For example, what is the current guidance or are there any 2020 Middle Templar 85

HOW MIDDLE TEMPLE HELPED ME AMY HUTCHINGS How Middle Temple Helped Me Amy Hutchings studied Law at the University of Bristol Middle Temple also sought to make and returned home to complete her BPTC at BPP Leeds. the QS accessible. For out of London She is due to start her Common Law pupillage at students, multiple QS were hosted in Exchange Chambers in September 2021. In her free time, Leeds and Manchester. Transport was Amy enjoys travelling and scuba diving with her husband. arranged by our Middle Temple student reps, for example, from BPP The Covid-19 pandemic has brought Qualifying Sessions Leeds to attend sessions in strange, unprecedented and difficult Manchester. The Inn also heavily times for us all. It will forever cast a In September 2018, I commenced the subsidised all the events, dark shadow on the world. Now more BPTC. I was anxious, excited and acknowledging the costs of travelling than ever, reflecting on one’s own life motivated. Admittedly, the prospect to, and staying in, London. seems inevitable and truly of travelling to London (I studied the appreciating all the positives is so BPTC in Leeds) to complete 12 Pupillage very important. Somewhere between Qualifying Sessions (QS) was not Brexit and the global pandemic, I was something I was particularly looking As I started my second attempt to offered pupillage at my dream set of forward to. Even though my obtain pupillage, I reached out to the chambers. This would not have been experience of Middle Temple to date Inn and requested a Mock Pupillage possible without Middle Temple, and had been nothing but positive, I Interview. Within just three days, I was so it is my pleasure to write this questioned why this tradition had to put in touch with an experienced article; not only as a token of my be followed. Was it not just some barrister specialising in the practise appreciation but in the hope that it elaborate and redundant custom, area I too hoped to practice in. I will inspires positivity in these challenging another expensive quirk along the always be grateful to that barrister for times. Middle Temple has so much to way to becoming a barrister? I would giving up his time to help me, and for offer; below are just some of the ways like to say that I was right, but in fact I the Middle Temple Mock Pupillage the Inn has helped me. learnt a great deal from the QS. I Interview Scheme. On Monday 17 learnt about the history and traditions February 2020 I was offered BPTC Scholarship of the Middle Temple, the important pupillage. I will never forget that day fundamentals of advocacy and case and I will be eternally grateful to have My first visit to Middle Temple was for theory. I met intelligent and had such a supportive Inn to help me my scholarship interview in 2018. At ambitious people from a multitude of achieve my dream. that time, I had not thought of the backgrounds. I felt deeply proud and Inns of Court as being accessible; privileged to be a part of this special Middle Temple is my professional they were grand, distant and almost legal institution and growing home. It is a place filled with warmth, intimidating establishments. I professional family. support and generosity. Accepting all suppose I saw the Inns of Court in that Middle Temple has to offer, and much the same way as my grand and believing that I too had a place there, distant dream to become a barrister. helped me to fulfil my dream of becoming a barrister. When I arrived at Middle Temple, however, I was met with nothing but warmth, kindness and support; something which I greatly appreciated in such nerve-wracking circumstances. My scholarship interview was challenging, and so it should have been, but as I sat across from three extraordinarily intelligent and experienced members of the Bar and the judiciary, I was not made to feel small, alienated or unworthy. It was instead a positive experience. I will never forget the day I was offered a scholarship. I felt proud and unbelievably happy; this generous scholarship meant that I could study the BPTC. I could take the next step to becoming a barrister. 86 2020 Middle Templar

SCHOLARSHIPS AWARDED 2020 Scholarships Awarded 2020 BPTC Scholarships Connor Scholarship Safford Scholarship Awarded 2020 Anna Draper Joseph Barlow The Queen’s Scholarship Cunningham Scholarship Sir Robert Micklethwait Aislinn Kelly-Lyth Memorial Scholarship Richard Harrington Queen Mother Scholarships Sean Gulliver Gardiner Scholarship Susannah Burley, Alice Campbell Davis, South Square Scholarship Odette Chalaby, Richard Flook, Tom Farr Chloe Gabriel, Florence Grieve, Cara Hall, Chloe Rixon Daniel Hallstrom, Isabel Hawkins, Kate Jenkin, Godfrey Heilpern Bradley John-Davies, Helena Khullar, Memorial Scholarship Stanley Levy Memorial Scholarship James Megarry, Jernene Poponne, Madeleine Semple, Felix Tambling, Anthony Horsfall Eleanor Robyn Lalic Jack Thompson, Amber Turner, Anita Ukah, John Shaun Wong H R Light Scholarship State School Scholarship Duke & Duchess of Kwame Taylor Aristide Hoang-Brown Cambridge Scholarships Helena Normanton QC Scholarship Terence Fitzgerald Scholarship Beatrice Fatungase, Hoda Hashem Sophie Cole Lauren Holmes Diana, Princess of Wales Scholarship HHJ Paul Clark Scholarship Winston Churchill Scholarship Queenet Awesu Katie Walden Beronique Addington Astbury Scholarships Hubert Munroe Scholarship GDL Scholarships Emira Al-Dimashki, Charles Connor, Awarded 2020 Meghan Curran, Daniel Henderson, Frances Easton Christopher Holliday, Elena Margetts, Queen Mother Scholarships Philip Matthews, Violet Smart J B Montagu Scholarship April Beech, Caitlin Colquhoun, Diplock Scholarships Celine Kart Moritz Grimm, Alexi Norris, Charles Richardson, Nicholas Wood Adam Clay-Croome, Madeleine Harper, Jamieson Scholarship Thomas Hoeksma, Emma Lazell, Diplock Scholarships Bevan Mariadas, Ariane Ordoobadi, Natalie Jolly Sophie Stevens, Charley Weldrick, Rhian Friedeberg-Steward, Pany Heliotis, Joel Wootten Joseph Jackson Scholarship Thomas Theakston Harmsworth Scholarships Caitlin Nunez Harmsworth Scholarships Francesca Alozie, Marie Clarke, Leolin Price QC Scholarship Yoseph Akak, Victoria Higgins Constance Collard, Dana Contac, Sophia Gonella, Victoria Greenhalgh, Gabriella Slater Astbury Scholarships Constance Halliwell, Isabella Kelly, Koku Junior Klutse, Mark Sheppard, Lowry Calvert Scholarship Annabel Hazlitt, Anna Gatrell, Joel Nelson, Lynn-Sophie Temp, Jordan Warren Harrison Shaylor Henry Pargeter Jules Thorn Scholarships Jules Thorn Scholarship Luboshez Scholarship Albert Gibbon, Jeneva Hutchinson, Sophie Kilminster Hawa Jogi, Jake Loomes, Nora Neeva, Charlotte Arundale Lily O’Mara, Harpreet Sandhu Benefactors Scholarships Malcolm Wright Scholarship Benefactors Scholarships Jean-Charles Abid, Pink Squire-Lindsay Chelsea Leonard Kayleigh Arrindell, Lucy Barnes, Entrance Exhibitions Wendy Barnes, Casey Chard, Mitchell Davey, Melissa McDermott Scholarship Awarded 2020 Alexandra Diaper, Thomas Hill, Rachel Hondora, Thomas Kidney, Natalie O’Connell Blackstone Entrance Exhibitions Chloe Reddock, James Russell, Eve Salter, Farin Shani, Nicole Shaw Mona De Piro Scholarship Francesca Alozie, Queenet Awesu, Susannah Burley, Marie Clarke, Anna Draper, Atkin Chambers Scholarship Angelina Nurse Cara Hall, Hoda Hashem, Aristide Hoang- Brown, Thomas Hoeksma, Rachel Hondora, Shalpreet Singh Nicholas Pumfrey Hawa Jogi, Natalie Jolly, Chelsea Leonard, Memorial Scholarship Jake Loomes, Nora Neeva, Caitlin Nunez, Blackstone Scholarship Jernene Poponne, Chloe Reddock, Karolina Zielinska James Russell, Eve Salter, Nicole Shaw, Abby Buttle Kwame Taylor, Anita Ukah, Charley Weldrick Pump Court Tax Brick Court Chambers Scholarship Chambers Scholarship Harmsworth Entrance Exhibitions Gabriella Ashby Lucas Pinho Martins Nacif Meghan Curran, Daniel Hallstrom, Philip Matthews, Violet Smart, Christopher Benson Scholarship Quatercentenary Scholarship Jack Thompson, Jordan Warren, Joe Weeks Joseph Williams Michael Elders LJ Sachs Entrance Exhibition Readers’ Scholarship Helena Khullar Joe Weeks Robert Garraway Rice Scholarship Lewis Dunsmure Rosina Hare Scholarship Emma Llanwarne Rose Scholarship Charlotte Davies 2020 Middle Templar 87

COVID-19 PANDEMIC MASTER ANDREW HOCHHAUSER Confronting the Challenges presented by the Covid-19 pandemic Master Andrew Hochhauser is honorary Counsel to Westminster Practitioners’ Programme, the Abbey, a former Trustee of the V&A, Governor of the University Advocacy and the Vulnerable course of the Arts London, a Vice-Chairman of the Inns of Court and counselling sessions. There are College of Advocacy, a Fellow of the Chartered Institute of plans for a CPD day on the topic of Arbitrators, a Deputy High Court Judge and the Chairman of handling expert witnesses, which will Paintings in Hospitals. He is the 2020 Deputy Treasurer. be held later in the year. I will be running it with Master Paul Stanley On Tuesday 14 April 2020, Master put ‘on furlough’, many others have and once again it will take place Treasurer wrote to all members of the worked extremely hard to ensure that remotely. Inn. The opening paragraph of that ‘the show goes on’. I would like to letter stated ‘The speed and severity pay tribute to all that they have done, Scholarships and Prizes with which the Covid-19 outbreak has which has been far above and struck this country and so many beyond the call of duty. Despite the lockdown, it has been others around the world has been ‘business as usual’, as arrangements truly traumatic – none of us could Here is a description of the various have been made to conduct all our ever have foreseen such dramatic activities to date. interviews remotely, beginning with consequences in our personal and the Access to the Bar interviews, working lives’. Education and Training which were held in April. Eight interviewers awarded 36 Awards to The Inn closed its doors after lunch The core activity of the Inn has been, second and third-year students, who service on Monday 16 March 2020. All and remains, providing education are from disadvantaged backgrounds, Domus and non-Domus events and CPD to our students, pupils, and often the first in their family to go to ceased. The Library remained open new and established practitioners. university. These Awards will enable until Monday 23 March 2020, but after Despite the fact that we cannot them to have one week’s marshalling the Government announced a provide face-to-face activities, our with a judge and one week lockdown, that too closed. Education & Training team, led by the shadowing a senior barrister in brilliant Christa Richmond, has chambers, together with the provision Since then we have become used to developed a series of ‘virtual’ of the necessary funding. working remotely. Words like ‘Zoom’, distance learning initiatives that will ‘StarLeaf’, ‘Blue Jeans’, ‘Skype for ensure that our members do not Arranging the interviews for the Bar Business’ and ‘Microsoft Teams’, suffer unduly as a result of the Professional Training Course (BPTC) hitherto unknown, have become part lockdown. We continue to provide a scholarships is a challenge, even in of our daily vocabulary. Chambers are full complement of Qualifying normal circumstances. There are so unoccupied. A ghostly atmosphere Sessions (QS) for students. Following many of them, because of the Inn’s pervades the Temple. the Parliament meeting on Thursday policy of interviewing every single 14 May 2020, we have had many applicant. It is usually a three-day In such circumstances, how can the offers of help from Benchers, event held just after Easter with eight Inn help its members? The Middle including Master Nick Critelli in Iowa panels, each consisting of three Temple is a community of and Master Adrian Jack in the BVI! members. This year we were practitioners, pupils, students, This programme now contains well determined that we should stick to members (including judges) and our over 2,500 slots, which is the number that policy – and we did. Some 350 staff. In these troubling times, we needed to give all students the interviews were scheduled remotely want to make sure that we preserve opportunity to attend the required by StarLeaf with 24 interviewers that special ethos, and that all still number of QS in time for Call to the between Thursday 21 and Friday 29 feel part of that community. Bar. These include advocacy days, May 2020. Similar arrangements were designed for those who had signed put in place for the GDL interviews in We have been determined to remain up to Cumberland Lodge, 10 June 2020. in close contact through our activities, Sherrard Conversations, five mock providing updates and trials, four MTSA events, four MTYBA Financial support for communication channels, as well as events, the continuation of the our members through many other initiatives. On Rosamund Smith Mooting Thursday 14 May 2020, we held a Competition and two wellbeing We are extremely aware of the ‘virtual’ extraordinary meeting of sessions. financial hardship that many of our Parliament by Microsoft Teams. 132 members are suffering as a result of Benchers attended from many parts In addition, there are courses for this crisis. We want to provide of the world. That attendance is a pupils and new practitioners financial support to these members record. Whilst some staff have been including the Pupils’ Course, the New and, along with the other three Inns, have supported a campaign by the Barristers’ Benevolent Association (BBA) to help those in urgent need. It seeks to raise emergency funds from 88 2020 Middle Templar

those within the entire membership the first place. This category will be series of film nights from 22 April to who can afford to donate. To start this kept under review to see whether we 27 May 2020 every Wednesday at fund, each Inn committed a can include more Unregistered 19:30, watching a film on Netflix Party, substantial sum and the position is Barristers. MYTBA also has its own followed by a Zoom discussion with being kept under review to ensure small emergency support fund for all drinks. There was a remote ‘Taking that there are adequate funds. The its members who are Unregistered Pride’ event on Friday 26 June 2020. current funds available for the Barristers. The new date for its Michaelmas emergency as a result of the recent Dinner is Wednesday 18 November appeal exceed £1m. Estates 2020. The BBA, however, only covers Similarly, we are well aware that many The Library and practising members of the Bar – that of our tenants are experiencing real Online Resources is to say, those who have held a brief. difficulties in meeting their rent Its statutes do not permit it to provide obligations, as revenue streams As far as the library is concerned, assistance to students, those waiting evaporate. In appropriate cases, collaboratively with the other Inns, for pupillage or pupils who have not therefore, we have agreed to provide we are providing a free documentary held a brief. As a result, following the some financial respite to both our delivery service which can be recommendations of a Working commercial and residential tenants in accessed by the use of a simple form Group I chaired, the Inn has set up a an effort to help them weather the at: www.middletemple.org.uk/ Covid-19 Hardship Fund, which current storm. We have written to distance-service-copyright- supplements its existing hardship every tenant outlining the assistance declaration. In addition, there is a list fund for that cohort of its that is available, should the need of free online resources that can be membership not covered by the arise as a result of the Covid-19 accessed which can be found at: Scheme. It has been allocated outbreak. www.middletemple.org.uk/ £100,000 from the Inn’s budget and libraryarchive/library/library-services/ through the generosity of its Membership online-training-resources-and- members over £80,000 has webinars and there is a webinar additionally been donated. The Work on a new Members’ Lounge in archived which may be of interest at: following members are eligible to the Ashley Building is proceeding as www.middletemple.org.uk/ apply for assistance (full details of planned. It will open onto the Garden libraryarchive/library/legal-research- which are on the Inn’s website): and should be ready when the first training/live-stream-navigating-free- cohort of students on the ICCA Bar legal-web together with an online Students who are currently: course commence their Part 2 course video to be found at screencast-o- in March 2021. matic.com/watch/cYe0X5yq1z • On the GDL or equivalent conversion course; The Inn continues to offer a free and There is also the ability to listen to confidential counselling service to all both series of the excellent Pupillage •  On the BPTC; student and junior members of the Podcasts and access to recorded Inn up to seven years’ Call. This Treasurer’s Lectures as outlined in the • Between the BPTC and Call service offers support from both April eNews all to ensure our with an offer of pupillage; personal and professional issues from members feel connected with the Inn a qualified and experienced and with each other. • Those under 2 years’ Call who are counsellor. For more details please actively seeking pupillage. contact Christa Richmond on As presently advised, the Inn will not [email protected]. reopen before October 2020, but as Pupils: her Majesty the Queen said in her The Hall Committee have provided broadcast to the UK and the All pupils, save those who qualify for the following activities: on Thursday Commonwealth on Sunday 5 April BBA funds. It has since been clarified 20 May 2020, there was a virtual 2020: by the Chair of the BBA that second seminar dealing with remote hearings six pupils will be eligible to from both a practitioner and judicial We should take comfort that while we participate in the BBA Hardship Fund, perspective. That was followed by a may have more still to endure, better if they have held a brief or received second seminar on financial planning days will return; we will be with our instructions. during the Covid-19 pandemic. On friends again; we will be with our families the social side, they have established again; we will meet again. Unregistered Barristers, i.e. persons a remote book club. The first meeting who have been Called but do not was hosted by Master Peter Murphy, Rest assured, that until that happens, hold a Practising Certificate: the chosen book being his novel One the Inn remains committed to doing Law for the Rest of Us. A virtual pub what it can to ensure the personal Those Unregistered Barristers who quiz is planned later in the year. and professional wellbeing of its have a firm offer of pupillage from an members. AETO, where that pupillage has not The LGBTQ+ Forum scheduled a yet started, either because it has been deferred or because it was scheduled to start at a later date in 2020 Middle Templar 89

A DAY IN THE COUNTRY IN LOCKDOWN MASTER PAUL WORSLEY A Day in the Country in Lockdown Master Paul Worsley is a former Judge and Barrister. He Then I go to feed the hens. Of course, both prosecuted and defended criminal cases, including I appreciate that we must eat the the successful prosecution of Wearside Jack, who had eggs our splendid little Bluebells and pretended to be the Yorkshire Ripper. He later went on Barred Leghorns produce, but to sit as a Judge and heard cases at the Old Bailey. scrambled egg for lunch every day can be a little overwhelming. Of You chaps and chapesses in the city Once a day I check the fruit frames to course, Mrs W’s right – she’s better probably think you are having it hard see how Glasgin’s Perpetual is coming things to do than to make soufflé in these extraordinary times. Perhaps on. Mrs W prefers the Champagne every day… an idea of how we in the country have variety of rhubarb – but she would. to spend our days during Lockdown Anyhow, it is very reassuring and I have been trying my hand at culinary will open your eyes as to how the regularising to see the way it grows so skills after going on ‘The One-Pot other half lives and make you more fast overnight. I doubt if we will ever Wonder’ cookery course at Betty’s in sympathetic – or at least better go short of this essential fruit. It is Harrogate. But I agree with Mrs W, it’s informed. indeed surprising – as Mrs W says – not worth both of us being up all how many exciting dishes you can night suffering from the effects of me First you need a regime. make with rhubarb: rhubarb crumble, trying to keep my hand in. She rhubarb upside down tart, bread & reminds me daily that I hardly need to I always rise early to make Mrs W rhubarb pudding, and – when mixed keep up my skills when she can (‘She Who Must Be Obeyed’) her cup with ginger – rhubarb rice pudding, produce, with local free ingredients, of tea in bed at 08:00, then again at rhubarb arctic roll (a Northern dessert) dishes such as ‘ground elder and 09:00 and again at 10:00, by which and of course rhubarb surprise… nettle’ soup. Who would have time she actually needs to get up: I thought those humble components use the same tea bag so it’s not as Being in Lockdown, I like to have a could hold so much nutrition – and extravagant as you might assume. little challenge each day. Today’s job that we would be able to sample was to unblock the Gardener’s Loo. them so often. The first job is to take the dog out What he does when he’s here, I have and go up to the greenhouse to no idea. He promised to leave Of course, the handyman cannot check on the green zebras and instructions for me on how to use the come with Lockdown in place. One of Brandywine pinks (tomato varieties). sit-on mower, but Mrs W’s torn them the bulbs in the downlighters in the Next I see how the Black Hamburg is up. She says she does not want the kitchen has blown. It involves putting sprouting. It’s doing very nicely at the lawn ruined as well. I must say I a short ladder on a table which stands moment with all this sunshine. Soon thought my pruning – though a little on top of the work surface. I really do I’ll no longer have to be reliant on late in the season admittedly – would not fancy Mrs W’s chances of Lidl’s weekly Montrachet delivery. have made a real difference to the successfully undertaking that Though come to think of it, they have way the perennials sprouted. But he operation, but we shall see. I hold the not delivered recently. And they are does bring his own loo roll: which I ladder. supposed to prioritise essentials for have found very useful, with those the over 70s. I may stop my STO. shiny sheets claiming to be ‘OHMS’. As the man in the house of course I Mrs W snaffles our loo roll at the take on all the technical tasks. I go beginning of each day and rations the into the garage for half an hour daily. sheets, which I think is going a bit far. Mrs W says its wholly unnecessary since we are not using the cars, but I do like to know that the electric windows are all in satisfactory working order and the windscreen washer levels are topped up. And I can listen uninterruptedly to Alan Titchmarsh on Classic FM. On second thoughts perhaps half an hour is too long… Mid-morning, I do enjoy watching ‘Bridge over the River Kwai’: Alec Guinness is amazing. My 14 viewings of it since Lockdown have certainly confirmed that. Of course, the scammers are out in force now that we are locked down. I 90 2020 Middle Templar

had a call this morning from someone 4 myself but have had no response. I It’s not just that the grass is so long who said they were from the fraud wonder if I have been given the right you that cannot hit the balls, it’s that department of Yorkshire Bank and address. you can’t see where they are. But wanted my banking details to confirm instead of croquet I have my daily that a £2,000 debit card transaction to When I have woken up from that I online bridge lesson. I must say my an overseas recipient was authorised. always go for a bike ride. I use my take-out doubles have surprised £2,000 out of my dwindling account I daughter’s old bike. I’m sure if you everyone in the beginner’s class. said? Fat chance. have a pert little b*tt*m the very small, pointed and unpadded saddle We have been so impressed with the In late morning we sit briefly in the can enhance a very satisfying old chap Captain Tom that Mrs W kitchen together when I wrestle with experience, but for someone with an now gives me £1 each day and tells the coffee making machine. I have average posterior it does not. I usually me to walk round the garden. she counted the beans and we should be limp off the bike and have to rest says it doesn’t matter how long it okay till early September, if I am awhile when I get back. takes and has even offered to double careful. We are keeping a diary of all the rate if I stay out longer. I doubt if I the garden birds we see. Mrs W says We do a short daily Zoom session will raise £1,000s, but who knows. she’s seen a rough legged buzzard on with the grandchildren. I say ‘short’ the bird feeder, but I think it was more because although it physically lasts At the end of the day we do enjoy a likely to have been a rather bloated two hours, only 14 minutes is actual little snifter before dinner. Mrs W has female blackbird. And it was after the face to face. The rest seems to be rhubarb gin – 1 part rhubarb (yes, yardarm had gone somewhere that spent angling the camera, getting more rhubarb) cordial to 8 parts gin. she made that sighting. proper reception, unmuting the She says it’s very soothing after sound and then getting them to another day at home with me. I find I also have to check the outdoor concentrate for more than 60 Tesco’s wine boxes are the answer. Of swimming pool about lunchtime seconds. Anyhow, over the Zoom we course, as Mrs W points out, you every day, by which hour the ice has have drawn up a design for a mosaic cannot see how much has been drunk usually thawed and the pool is ready to go in the croquet hut. I shall enjoy because it’s in a box;’ ‘tant pis’ as the for the intrepid swimmers among us. looking at it for sadly I fear it will be French would say. I find their three sometime before we can resume our litre boxes of Chateau Lafite (premier Now we are locked down Mrs W and I weekly inter-village croquet matches. cru) are not at all bad. are unable to go for our ‘one to one’ singing lessons. So, I tend to walk Before I turn in, I always watch one of round the garden singing Au Fond du our 1990s three-hour VHS tapes of Temple Saint from The Pearl Fishers our sailing holidays. I find the gentle but the tenor’s top G is proving a little noise of the breeze and splash of the elusive. I may have to abandon the waves on the hull very therapeutic. tenor part and take on Zurga’s And there is always the chance that baritone role; though I am generally during the long sessions of blank reckoned to be a better tenor than seascape I might catch sight of the baritone, by those who have heard odd dolphin. me. The dog certainly thinks so, for she joins in. Anyhow, it keeps the And so, to the end of another locked neighbours at a respectful distance. down day. As Mrs W perspicaciously reflects – it cannot last for ever. But On a good day when we are walking she’s been able to teach me so much around the dog will catch a pheasant. about household tasks now that we It’s so good to have meat now and are without staff. So as you can see, then. I’m feeding the koi twice a day, life during Lockdown in the country is but Mrs W thinks the Lockdown will not all whine and rouses… long be over before they are of a decent size for the table – but who knows. I certainly don’t trust the politicians’ forecasts. I do like to accomplish one new chore each day – or I would become complacent. So today I went through my wardrobe. Mrs W is of course right – I don’t need to wear my grey suit every day and could wear my other one – the black one – on alternate days: it does not need to be a Sunday. In the afternoon I settle down to listen to Radio 4’s Afternoon Play. From when I tune in to the end seems to be only a few minutes. How they can commission these ridiculously short plays I do not understand. I have submitted a short radio play to Radio 2020 Middle Templar 91

IMPEACHMENT OF A U.S. PRESIDENT MASTER JAMES SILKENAT Impeachment of a U.S. President Master James Silkenat is a Past President of the American Bar The above language, while central to Association. He is a partner in the New York office of Sullivan & any analysis of Constitutional Worcester, is a former Legal Counsel at the World Bank Group’s requirements, is not without International Finance Corporation and a member of the controversy. There is no definition in American Law Institute. He is a member of the Board of the Constitution of ‘high Crimes and Directors of the World Justice Project. Misdemeanours’. Arguments on the content of these words have been The impeachment of President For most Americans of a certain age, voluminous, but have often centred Donald Trump by the U.S. House of the notion of impeachment involves on what they meant to the drafters of Representatives in December 2019 three U.S. Presidents: Richard Nixon the Constitution and under English focused many Americans and others in 1974; Bill Clinton in 1998/ 1999; common law before that. around the world on the complexities and now Donald Trump in 2019/20. of a peculiar feature of the American The term is problematic because it Constitution: the impeachment of a President Nixon, while facing almost might, on its face, be taken to refer high government official, specifically certain impeachment and conviction only to offences covered by criminal the President of the United States. by Congress, resigned from office laws. That, however, has not been the before impeachment could be history of the wording and is not How do you remove a U.S. President approved by the U.S. House of accepted by most Constitutional from office? For what reasons and Representatives. President Clinton scholars today. Both in U.S and under what procedures can and was impeached by the House, but English practice there has always should this be done? In these was not convicted by the Senate, and been a perceived need to allow some strained times on the American thus was not removed from office. flexibility in how the term is applied, political scene, these questions seem The same (impeachment by the since the varieties of potential to engage almost everyone, either House and lack of conviction by the misconduct by a government official pro or con, concerning the current Senate) has now been the result for are so numerous and complex. incumbent. A troubling side issue is President Trump. The only other Essentially, the term has come to how to analyse the various aspects of impeachment of a U.S. President was mean (although always contested by impeachment without giving such that of President Andrew Johnson in counsel for the person being analysis a personal political slant. The 1868. He was impeached by the impeached) that a government answer, unfortunately, is that basically House, but found not guilty by the officer has somehow exceeded the you cannot. Nevertheless, this article Senate. powers of his or her office will make a good-faith, non-partisan (particularly vis-a-vis another branch effort to discuss, for a non-U.S. legal The term ‘impeachment’ is used of government) or used the power of audience, the legal, historical, several times in the U.S. Constitution. the office for personal gain. There is political and procedural aspects of Article I, Section 2, Clause 5, provides general recognition that the process impeachment as they exist today in that: ‘The House of Representatives... is unavoidably both legal and the United States. shall have the sole Power of political in nature. Impeachment’. Another potential defence to In Article I, Section 3, Clause 6, the impeachment has been the argument Constitution states that the Senate that Congress should leave the fate ‘shall have the sole Power to try all of a President to the American voter Impeachments’. Conviction in such in the next Presidential election. This trials requires the concurrence of two would of course essentially eliminate thirds of the Senate and results in the process of impeachment removal from office. contained in the Constitution (and the reasons for its inclusion by And, finally, Article II, Section 4, of the America’s founding fathers) and be Constitution provides that ‘The singularly inappropriate when the President... shall be removed from conduct being punished could result office on Impeachment for, and in a Presidential election itself being Conviction of, Treason, Bribery, or tarnished or subverted. other high Crimes and Misdemeanours’. In the impeachment proceedings against President Trump, there were 92 2020 Middle Templar

In Article I, Section 3, Clause 6, the Constitution states that the Senate ‘shall have the sole Power to try all Impeachments’. Conviction in such trials requires the concurrence of two thirds of the Senate and results in removal from office. Article II, Section 4, of the Constitution provides that ‘The President... shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanours’. two Articles of Impeachment brought then moved to the U.S. Senate, Honorary Bencher of the Middle to the House of Representatives, one where a two thirds vote would be Temple), as required by the dealing with ‘Abuse of Power’ and required for conviction and removal Constitution. The scope of the Chief one dealing with ‘Obstruction of from office. Given the Republican Justice’s role in the impeachment trial Congress’. Both Articles of majority in the Senate, this would be is not discussed in detail in the Impeachment arose out of the charge a difficult hurdle to clear. This was Constitution, and Chief Justices, in that President Trump had sought especially true since, although the this and in the earlier Clinton political interference in the upcoming Senators were required by ‘oath and impeachment trial, have not played (2020) U.S. Presidential election in affirmation’ to be impartial, several an expansive role in the proceedings. order to help his re-election efforts Republican Senators announced in and then blocked any inquiry by advance that they would not be On Wednesday 5 February 2020, the Congress into his actions. Specifically, neutral. Senate Judiciary Committee Senate rejected the Articles of the House charged that President Chairman Lindsey Graham, for Impeachment by a vote of 48 to 52 Trump had withheld military aid to example, noted, that ‘I’m not trying on Article I and 47 to 53 on Article II. Ukraine unless Ukrainian President to pretend to be a fair juror here’. All Democrats in the Senate voted for Zelensky announced an investigation Further, Senate Majority Leader Mitch conviction on both Articles. Both into one of Trump’s likely rivals for the McConnell noted publicly that he Independents in the Senate voted to Presidency, former U.S. Vice President was coordinating the Senate trial with convict on both counts. And all Joe Biden (the ’quid pro quo’ that the White House. Republicans, but one, voted not to was repeatedly referred to in the convict. That one Republican was investigation). …Congress should Senator Mitt Romney, the Republican leave the fate of candidate for President in 2012, who The drafting of the Articles of a President to voted to convict President Trump on Impeachment by the House of the American the first Article of Impeachment, Representatives was preceded by voter in the next thereby becoming the first Senator in hearings by the House’s Judiciary Presidential U.S. history to vote to convict a Committee. During these hearings, election. President of his own party. numerous persons were called to testify concerning their knowledge of Adding to the drama of the Senate Although almost everyone in the the facts surrounding President trial was whether witnesses would be United States, including this writer, Trump and his actions concerning allowed to testify in the trial. Senate has strong views on the subject, it Ukraine. The President and his legal Democrats requested that a number may be too early to know what team declined to participate in the of senior Administration officials be lessons are to be learned from the hearings or offer any defence. called to testify concerning their impeachment of President Trump Further, they sought to prevent knowledge of events cited in the and the Senate’s decision not to anyone in the Executive Branch from Impeachment Articles. Such request remove him from office. That is a testifying. The Judiciary Committee for witness participation was rejected topic that certainly merits serious forwarded to the full House its by Republican Senate Majority attention and discussion, but perhaps recommendations and a 658 page Leader McConnell, even though not yet in these pages. With regard report on its findings. there appeared to be additional to the Constitutional provision of evidence that the House had not had impeachment, it seems clear to this In a vote on Wednesday 18 a chance to consider. writer that it was intended to be, and December 2019, the House of should be, used very sparingly. But it Representatives by a vote of 230 to The trial in the Senate was presided is even clearer that impeachment 197 approved Impeachment Article I over by U.S. Supreme Court Chief remains especially important to and by a vote of 229 to 198 approved Justice, Master John Roberts (also an America’s civic health and ought not Impeachment Article II. Both votes to be so constrained by political were almost completely along party considerations that it is unavailable lines, with no Republicans in the when critically needed. The drafters House voting in favour of either of the U.S. Constitution believed an Article and only two or three officeholder’s tyrannical conduct Democrats voting against. could so endanger the nation that addressing it could not await the next The trial of the President under the election. The concept had merit then; approved Articles of Impeachment it still does. 2020 Middle Templar 93

LEVELLING THE PLAYING FIELD MASTER GRAEME MEW Levelling the Playing Field Master Graeme Mew had an extensive sports law practice prior been the growing sophistication to his appointment as a judge of the Ontario Superior Court of and technicality of the jurisprudence Justice and served as an arbitrator and mediator for the Court of specialist sports tribunals and of Arbitration for Sport, Sport Resolutions, World Rugby and appeals panels. the Sport Dispute Resolution Centre of Canada. Where once these bodies acted In November 2019 the sports of Premiership Rugby’s Salary Cap almost exclusively as disciplinary headlines proclaimed the finding, Manager. tribunals, they now often hear cases by an independent panel, that that require a detailed knowledge of Saracens, the highly successful There was a time when the resolution the law and a determination of how Premiership Rugby club, had of sports disputes was much simpler. specific legal issues should apply in breached salary regulations and Rugby was an amateur sport. the context of a sports dispute. The had been fined £5,360.272.31 and Disputes usually involved matters Saracens case is a prime example. deducted 35 league points. At the of on-field discipline. Hearings time, the panel’s decision had not were often convened quickly after Inevitably, the increasing been made public. It was not until a match. Video evidence was rarely sophistication of the subject matter January, after details of the panel’s available. Indeed, at the lower levels that sports tribunals deal with, and decision had been leaked, and a of the game, it was not unknown for the way that they operate means further 70-point deduction had been such hearings to take place around that their procedures have become imposed by Premiership Rugby a drink-filled table in a corner of the more court-like in appearance. They after Saracens were said to have clubhouse bar after the game. Justice are required to adhere to the rules of failed to prove compliance with the was dispensed quickly, efficiently natural justice; legal representation salary regulations during the current and with the minimum of fuss or is now commonplace; lay panel season, that the full decision was disruption to post-match social members have been replaced by released by Premiership Rugby. activities. lawyers and judges (both sitting and retired); the applicable rules That decision, a comprehensive Today, sport is big business. Rugby is are professionally drafted; decisions 323 paragraph treatise, would no exception. The laws of the game and reasons for reaching them are compare favourably, in terms of its are but one element of the regulatory handed down in the same style as thoroughness and authoritative tone, machinery. At a national and court judgments. The sanctions with any judgment from a senior international level, there is a myriad imposed are pronounced and court. Which was hardly surprising, of regulations governing leagues, justified in a similarly judicial style. given that the chair of the three- movement of players, anti-doping, person panel appointed to hear safe sport, marketing, branding, Not everyone sees these the case by Sport Resolutions, the broadcasting, image rights, conduct, developments as positive. national sport dispute resolution terms of engagement of players, and Traditionalists yearn for less service, was Master John Dyson. so it goes on. complicated and legalistic days. The other members were Aidan Yet one consequence of this so- Robertson QC (also a Middle More broadly, a body of sports law called ‘juridification’ of these sports Templar) of Brick Court Chambers has evolved, consisting of rules that tribunals has been a greater degree and Jeremy Summers, a partner govern the practice of sport and of acceptance of their decisions by at Osborne Clarke and a highly the resolution of sports disputes. the parties appearing before them experienced World Rugby judicial These rules straddle the boundaries which, in turn, has led to fewer officer. The panel’s decision between many well-established challenges to their authority coming came after a five-day evidentiary branches of the law. But there are before the courts. hearing. It dealt not only with the also generally applicable legal interpretation and application of the principles that have been recognised In the Saracens case, within a salary regulations but, also, whether by sports tribunals and courts which fortnight of the tribunal’s decision the regulations themselves were form part of what some academics and its dramatic consequences being anti-competitive under EU law and and commentators refer to as the lex notified to the parties, Premiership what standard of review or deference sportiva. Rugby and Saracens put out a joint should be accorded to the findings statement confirming the sanctions One of the most important and, in the case of Saracens, developments in sports law has announcing that no review of the decision would be sought. Unfortunately for Saracens, the after- effects of the decision rumbled on. 94 2020 Middle Templar

There was increasing clamour from was not reasonably open to him. This in CAS cases). The three-person the rugby public for the decision test is similar to that applied in the hearing panel, was composed of of the tribunal to be published. judicial review of decision makers an Italian judge, Franco Frattini, Under the applicable regulations, all in the administrative law context. It Master Philippe Sands and Romano dispute proceedings were supposed is also consistent with the approach F. Subiotto QC. The hearing can to be confidential. But the public commonly taken by sports tribunals be viewed online (https://vimeo. interest and the importance of unless, as is sometimes the case, a de com/373204016). There were some transparent sports governance made novo review is expressly provided for. ‘technical problems’ with the it increasingly difficult for Premiership translation of the evidence but the Rugby and Saracens to resist the There were some nice turns of hearing is worth taking a look at. The demands for publication. Indeed, phrase. The case was not the outcome was a career ending eight- there were reports that Master Dyson first brush that Saracens had had year ban for Yang. The panel did not himself favoured making the decision with the salary cap regulations. In mince its words in its criticism of the public. When that happened, as it 2015, Saracens had been charged athlete: was bound to, informed observers with failing to cooperate with an quickly concluded that the decision investigatory audit by Premiership It was striking that, in the course of his was both legally accurate and well- Rugby. Ensuing disciplinary testimony, at no point did the Athlete reasoned. Given its authorship, that proceedings were settled. As the express any regret as to his actions, will not have come as a surprise. panel put it: ‘In sporting parlance, or indicate that, with the benefit of Saracens had been issued with a hindsight, it might have been preferable An important element of the clear “Yellow Card” in 2015 and for him to have acted differently. Rather, decision was how the panel dealt the onus was then plainly on it to as the proceedings unfolded, he dug with the decision of Premiership ensure that it stayed firmly within the his heels in and, eventually, sought to Rugby’s Salary Cap Manager. Under Regulations, and to seek clarification blame others for the manifest failings the applicable regulations he was … If it was in any doubt as to whether that occurred. an individual charged with the it was doing so’. responsibility of deciding whether The panel’s concluding remarks apply payments or other benefits in kind In response to the argument by equally to all decisions by sports received by players should form Saracens that the object of the tribunals: part of their salary for the purposes salary cap was anti-competitive and of determining whether there had a breach of EU law, the panel wryly The Panel has noted the considerable been compliance with the salary observed that a ‘candid acceptance public interest in these proceedings, cap rules. In essence, Premiership of the desirability of a salary cap a reflection no doubt of the Athlete’s Rugby clubs are limited in the total in some form’ by Saracens’ factual reputation and success in his chosen amount of salary that can be paid to witnesses ‘puts the final nail in the sport. The Panel has proceeded on the their players in any given Salary Cap coffin of Saracens’ case on object’. basis that its role is to establish the facts, Year. The Salary Cap Manager had on the basis of the record before it, and determined that certain property The Premier Rugby Limited v to interpret and apply the applicable co-investments with players by Saracens Limited case has not rules to those facts. This is the rule of ‘connected parties’ of Saracens been the only recent high-profile law, now of singular importance in the should be regarded as ‘salary’ sporting decision involving members field of sport, and applicable to all payments to the players concerned. of the Inn. At the end of February, athletes, irrespective of their background So should payments for alleged the Court of Arbitration for Sport or status, their standing or success. promotional appearances, and (CAS) released its decision in The application of the rule of law in payments to a player by a hospitality World Anti-Doping Agency v. Sun the domain of sport requires all to be business owned by the Saracens Yang & Fédération Internationale treated equally. owner’s daughter under a purported de Natation. The case involved agreement for the player to appear allegations that the Chinese Sadly, cheating, corruption, abuse of at corporate hospitality events. As a swimmer, Sun Yang, had failed to power, exploitation, discrimination result, the total salary payments to comply with doping control measures and poor governance remain players by Saracens exceeded the and had attempted to tamper with persistent features of modern sport. cap for three salary cap years. a sample-containing vial. Yang, The Saracens and Sun Yang cases who had won the 200 metre event are recent examples of how sports The panel adopted a deferential at the 2016 Olympics, mounted a tribunals help to level the playing view of the Salary Cap Manager’s vigorous and aggressive defence. field. Master Dyson and Master Sands determinations; his judgment should He demanded, and was granted, are among an increasing number of only be displaced if it was one which a public hearing (a very rare event members of our Inn who have taken up the challenge of administering justice in the world of sport. But there remains much to be done. 2020 Middle Templar 95

YOU HAVE THE RIGHT TO REMAIN UNIDENTIFIED ADAM SPEKER QC You have the right to Remain Unidentified Adam Speker was Called to the Bar in 1999 and took Silk in discovered that police had failed 2020, having been rated as one of only two ‘star individual’ to disclose text messages revealing juniors in defamation and privacy in the Chambers & Partners that the complainant had pestered UK Bar Guide. Adam specialises in all aspects of media and Mr Allan for casual sex. To those communications law including defamation, privacy, breach of students, to name someone as a confidence, harassment and data protection. suspect in the media or online who might turn out to be innocent, was When interviewing students for justice or its importance and, when simply unfair. Middle Temple scholarships in April asked why a suspect’s identity should 2019, my panel asked a familiar be withheld, almost all cited the At that time, Middle Temple question: ‘should those arrested or case of Liam Allan. Mr Allan’s case scholarship applicants could have charged with criminal offences be was in the news at the time. He was looked for support for their view anonymised and, if so, why’. a student who had been charged from the joint dissenting judgment with the rape of a fellow student of Lords Kerr and Toulson in PNM Every single student said yes to and suspended from his university. (Khuja) v Times Newspapers anonymisation for defendants. None, His trial collapsed shortly before it [2017] UKSC 49. Khuja was a case so far as I can recall, referred to open was due to take place after it was concerned with reporting restrictions and whether an individual who had been investigated as part of a child sex grooming case who was never charged but was named in open court in the trials of others, was entitled to have his name withheld from the public. The judge at first instance dismissed the application for a reporting restriction on the basis that Mr Khuja’s identity had been revealed in open court. That decision was upheld in the Court of Appeal and by a majority in the Supreme Court. However, in a strong joint dissenting judgment, Lords Kerr and Toulson expressed their disagreement and identified: ‘increasing concern, judicial and extra-judicial, about the effect upon an innocent person’s reputation of the publication of the fact of his arrest’. ZXC v Bloomberg LLP [2020] EWCA Civ 611 concerned an appeal from a decision of a judge at first instance to find that the claimant, who had been investigated in respect of corruption allegations, was entitled to anonymity. The facts related to an investigation by a law enforcement agency into the claimant’s company and various of its personnel. ZXC was one of the company personnel who was investigated. Bloomberg obtained information about the investigation via a leak from the law enforcement agency. None of the individuals have been charged. 96 2020 Middle Templar

The Court of Appeal had to address One of the reasons given for finding The second is that judge-made law the question whether, and to that ZXC was entitled to a reasonable of this kind does not allow for a what extent, a person can have a expectation of privacy was, as holistic approach. The fault for this reasonable expectation of privacy in Lord Justice Simon put it, because lies with successive governments’ relation to information that relates to report that someone is under fear of antagonising the media by to a criminal investigation into his investigation is damaging to that bringing in a privacy law. The tort of activities. It was common ground individual’s reputation because the Misuse of Private Information now that if someone is charged with public do not accept the principle (usually) prohibits the publication an offence there is no longer a that a person is innocent until proven of an individual’s identity at the reasonable expectation of privacy. guilty. That was the very issue that pre-charge stage unless there is a troubled the Supreme Court in Khuja. lawful justification for naming him. After a review of the authorities, The same law does not protect an which including Sir Cliff Richard’s The decision of the Court of Appeal individual’s identity post-charge, successful case against the BBC in ZXC provides some clarity for whether or not he is subsequently ([2019] Ch 169), Lord Justice Simon suspects but the position is, as Lord acquitted, even though it must be concluded that the judge in Sir Cliff’s Justice Underhill put it, ‘not entirely said to be even more damaging to case (Mr Justice Mann) had been straightforward’. his reputation for it to be reported correct to find that an individual that a person had been charged with accused of a crime had at least prima The first issue is essentially a practical an offence. And the tort does not facie a reasonable expectation of one. It was common ground before protect an individual who is neither privacy in respect of the fact that he the Court that a suspect would lose arrested nor charged but happens was under investigation. an entitlement to anonymity upon to be named in open court in the charge. There is often a small window course of a trial involving others, Lord Justice Simon said at [82]: of opportunity for a claimant to although a reporting restriction could seek an interim injunction to stop a be made in some circumstances. Since the matter arises for decision media organisation reporting that he Then there is the law of defamation, in the present case, I would take the is under investigation in the period where the media has been successful opportunity to make clear that those between any leak and before charge. in establishing that it can be in the who have simply come under suspicion Moreover, it may be a waste of time public interest to name individuals by an organ of the state have, in general, and money to obtain an injunction who are the subject of police a reasonable and objectively founded if the police go on to charge since investigations, such as in Flood v expectation of privacy in relation to the protection would fall away at Times Newspapers [2012] 2 AC 273, that fact and an expressed basis for that point. In reality, there are likely where the Supreme Court held that that suspicion. The suspicion may to be only a few cases where a The Times had acted responsibly ultimately be shown to be well-founded newsworthy claimant is subject to a in naming the police officer under or ill-founded, but until that point police investigation which results in investigation (whilst not doing so by the law should recognise the human no charge but becomes known to the failing to update its online account characteristic to assume the worst (that media and where he has the money to report that no further action had there is no smoke without fire); and to to bring proceedings. In ZXC, the been taken against him). overlook the fundamental legal principle individual did manage to preserve his that those who are accused of an offence anonymity; Sir Cliff did not because ZXC is a welcome decision but are deemed to be innocent until they are he was given no opportunity to seek certainly not the final word on this proven guilty. an interim application and had to subject. settle for an (albeit large) award of He went on, at [84], to explain that damages instead. the reasonable expectation of privacy was not in general dependent on the type of crime being investigated or the public characteristics of the suspect because to be suspected of any crime was damaging. However, the reasonable expectation of privacy might be significantly reduced, even to extinction, due to the public nature of the activity under consideration, such as rioting. Lord Justice Bean agreed without giving reasons. Lord Justice Underhill gave a concurring judgment, whilst explaining that he had not found the issues which the appeal raised ‘entirely straightforward’. He emphasised, at [147], that ‘the proposition that a person has a reasonable expectation of privacy in relation to a police (or similar) investigation is not a universal rule and that the circumstances of a particular case may justify a different conclusion’. 2020 Middle Templar 97

THE DIVORCE BLAME GAME IS NEARLY OVER SOPHIE KAY The Divorce Blame Game is Nearly Over Sophie Kay was Called to the Bar in 2016. Sophie practises in family law at 5 Pump Court Chambers. She specialises in divorce, private children and domestic violence work. She was awarded the Jules Thorn Scholarship and is a member of the Attorney General’s Junior Panel of Counsel. The Divorce, Dissolution and the minimum two years in a state such a long duration. This is plainly Separation Act 2020 (‘the Act’) of limbo as separated spouses, as unsatisfactory and unjust. The received Royal Assent on Thursday 25 prescribed by the current law. This is Supreme Court’s rejection of Tini June 2020, having swiftly completed a landmark and welcomed Act, and Owens’ appeal, where her husband its passage through Parliament. represents the biggest shift in divorce refused to agree to the divorce, is an law in this jurisdiction in over 50 years. infamous example. It is remarkable that the Act was fact-tracked through its final The current law At first-instance in Owens v Owens, parliamentary stages, especially it was found that the marriage had during Covid-19, which exacerbated Under the Matrimonial Causes Act broken down, but not because of tension for many couples whose (MCA) 1973, in order to divorce the 27 examples cited by Mrs Owens marriages were already strained. It is couples must be married for at least of unreasonable behaviour, which noted, however, that there was much one year, and must establish one of were deemed flimsy, exaggerated, debate surrounding the Act prior to the five ‘facts’ to support the ground and isolated incidents. For instance, Parliament’s prorogation, coupled that the marriage has irretrievably she alleged that Mr Owens had with the 30-year campaign by family broken down: been moody and argumentative lawyers and organisations for no-fault and had disparaged her in front divorce. The Act is long overdue. • Adultery; of others. Ultimately, this decision was upheld by the Court of Appeal The Act is not the first legislative •  Unreasonable behaviour; and the Supreme Court, with Lady attempt to introduce ‘no-fault’ Hale stating that she, ‘found this divorce. Divorce law was very nearly • Desertion; a very troubling case. It is not for reformed by Part II of the Family us to change the law laid down Law Act 1996, which had allowed for • The couple has lived apart for at by Parliament – our role is only to no-fault divorce, provided couples least two years and both agree to interpret and apply the law that took part in compulsory information the divorce (divorce by consent); Parliament has given us’. What is meetings. However, this was never troubling is that Mrs Owens had implemented and was quickly • The couple has lived apart for to go to such lengths of citing 27 repealed. In 2013, Lord McNally said at least five years, even if one examples in an attempt to divorce the decision to repeal was based on partner disagrees (divorce without her husband, whom she married in the results of pilot schemes of the consent). information meetings, which showed that the meetings were unworkable, Problems arise when a spouse inflexible and not tailored to the disputes these facts and resists the parties’ individual circumstances. divorce. If the divorce is successfully defended under one of the ‘blame’ When implemented, the Act will grounds (adultery, unreasonable enable spouses to divorce without behaviour or desertion), the other having to attribute blame or wait spouse is trapped in the marriage for five years from separation. Many couples do not have the funds or time for their lives to be paused for 98 2020 Middle Templar