The Middle Templar 2018

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ISSUE 58 2018TREASURER CONTACTSSir Paul Jenkins KCB QC (January – February)Richard Wilmot-Smith QC (March – December) General Enquiries The Treasury OfficeDEPUTY TREASURER Ashley BuildingThe Rt Hon Lord Justice David Bean Middle Temple Lane LondonLENT READER EC4Y 9BTHis Honour Jeremy Connor T: 020 7427 4800 F: 020 7427 4801AUTUMN READERHis Honour Peter Murphy Education T: 020 7427 4800EDITORIAL CONSULTANT E: [email protected] Speker EstatesEDITOR T: 020 7427 4840Colin Davidson E: [email protected] EDITORS EventsLia Jhala T: 020 7427 4820Lauren McHardy E: [email protected] READER FinanceBarnaby Bryan T: 020 7427 4800 E: [email protected] Christodoulou Library T: 020 7427 4830FRONT COVER E: [email protected] to Middle Temple Hall,by Chris Christodoulou Membership T: 020 7427 6385DESIGN E: [email protected] York St, Marylebone, Security (24 Hours)London  W1H 1DP T: 020 7797 7768Printed by John Good Ltd E: [email protected] House, Butlers Leap,Rugby  CV21 3RQ Temple Church T: 020 7353 8559 E: [email protected] Social Media Twitter: @middletemple @middletemple1 Facebook: The Honourable Society of the Middle Temple Middle Temple Venue Hire LinkedIn: The Honourable Society of the Middle Temple Instagram: middletemple1 Pinterest: Middle Temple 2018 Middle Templar

ISSUE 58 2018Contents5 Under Treasurer’s Foreword 38 Northern and North Eastern Circuit Societies Guy Perricone Master David Lynch6 From the Treasurer 40 Manchester: International Women’s Day 2018 Master Richard Wilmot-Smith Sally Penni9 Obituary: Sir Paul Jenkins KCB QC 41 Karaoke Night11 Tribute Master Jessica Lee Master Jonathan Jones 42 Children’s Concert12 Eulogy Nikolas Clarke & Master Stanley Burnton Master Gus O’Donnell 44 Weather Watching13 René Hansen on Life with Paul Kate Jenrick René Hansen 46 Garden Party 201814 Memorial Service 48 Survive and Thrive Sir Robert Devereux Master Adrienne Page16 Memorial Service Photos 50 What Price Sovereignty?18 Coat of Arms A Personal View of Brexit Master Patric Dickinson Master Dominic Grieve 52 Lent Reading: A House in Bow Street20 ‘To know of stolne things’ – Robert Ashley’s Master Jeremy Connor The Book of Magical Charms Renae Satterley 55 Education 56 York Advocacy Weekend22 Charles Dickens and the Middle Temple Master Igor Judge Laura-Beth Dawson & Heather Walker 57 An Advocacy Skills Weekend at Cumberland24 Absent Members: The Inn in the Great War Master John Mitchell Lodge – a Brief Retrospective Dr Andrew Hambler26 Silver Lining 58 The Library Travels: Qualifying Sessions and Victoria Platt CPD Outside of London Adam Woellhaf28 Historical Society Calendar 2018-19 59 Access to the Bar Awards Master David Bean29 Book Review: The Role of the Circuit Courts 60 Message from the Director of Advocacy in the Formation of United States Law in the Master David Blunt Early Republic by David Lynch 61 Scholarships 2018 Master Christopher Rose 62 Royal Visit Alexandra Wilson30 Book Review: Justice Continuity 64 25th Annual Willem C Vis Moot and Change by Lord Dyson Nicholas Higgs The Right Honourable Lord Briggs of Westbourne 66 Japanese Visit Master Claudia Ackner32 Amity Visit to Washington DC 68 Diversity in the Legal Profession Master John Dyson Lyndsey Sambrooks-Wright and Hayyan Bhabha 70 MTSA Event: Diversity and Equality34 Amity Visit to Washington DC in the Legal Profession – Another Perspective 71 Richard Murtagh 1980-2018 Anna Brailsford & Michael Harwood Amy Woolfson 72 Advice on the Gap Between Completing35 New York Bar: Importance of the BPTC and Obtaining Pupillage Judicial Independence Michael Harwood & Monifa Walters-Thompson Master John Dyson36 The Running of a World-Class Choir for the Temple Church Roger Sayer 2018 Middle Templar

74 A Day in the Life of a Pupil 106 The Final Report of the Bach Commission Navpreeth Gihair on the Right to Justice Master William Bach75 A Day in the Life of a New Tenant Helen Longworth 108 Climate Change Legislation: Should the Bar be Interested?76 A Day in the Life of a Pupil Supervisor David Mildon QC Alison Pickup 110 Pomp & Circumstance77 How to get Involved... Master Eric Stockdale78 Life in the Royal Air Force 112 The Estate: Raising the Roof Flight Lieutenant Mark Karpinski Ian Garwood80 Temple Women’s Forum80 Counselling 115 The Inns of Court College of Advocacy81 London Marathon and Legal Walk (ICCA) – Two Years On81 Overseas Societies 116 Valedictory82 Middle Temple Students’ Association The Right Honourable The Lord Mance 2017-18 Overview Emma Hughes 118 Congratulations! Temple Church Weddings 120 New Masters of the Bench 2017-1883 Middle Temple Young Barristers’ Association Michael Harwood 125 Obituaries84 Library Donations 140 New Staff and Leavers86 Hall Committee – Ever Evolving 142 Middle Temple Calendar 2018-19 144 Temple Church Special Services with the Inn’s Needs Juliette Levy and Concerts 2018-1988 Equality, Diversity and Social Mobility at the Bar – the Role of the Inns of Court Master Stephen Hockman and Master Max Hill90 Bench Call 12 June 2018 Master Fenella Morris91 The Fight for Women’s Suffrage and the Right to Enter the Legal Profession Master Rosalind Wright94 Gender Pay: Mind the Gap Master Andrew Burns & Harriet Fear Davies96 The Universal Declaration of Human Rights Master Geraldine Van Bueren97 Ireland Has Changed Utterly: The Cruel Eighth Amendment is History Master Ivana Bacik98 A Free Press is an Important Component of a Free and Democratic Society Master Alistair Webster100 Paradise and Prostitutes: Adam Speker103 Harassment Policy Master Maura McGowan104 What is a Personal Injury? Robert Weir QC2018 Middle Templar

LA SCALA?BAYREUTH?THE MET?NO.SURREY.JUNE– JULY 2019 GEORGE GERSHWINPORGY & BESS GIUSEPPE VERDIDON CARLO ENGELBERT HUMPERDINCKHANSEL & GRETEL4

UNDER TREASURERUnder With the centenary of women being admitted to the InnsTreasurer’s just over a year away, Middle Temple is preparing toForeword commemorate and celebrate this important event, and you will find a number of relevant articles in this edition,Guy Perricone including Master Treasurer’s contribution in which he mentions some of our plans.A very warm welcome to this year’sedition of The Middle Templar. As ever, an extraordinary number of events have taken place over the past 12 months. While the range and It has certainly been my experience at the Inn that no nature of these is very varied, there is an important strand two years are ever the same, although there are some that runs through them – I touched on this in my important themes that do run through our plans and Foreword last year. All these events are intended to assist activities, and which you will read about in this year‘s us in fulfilling our core strategic aim, which is to support edition of The Middle Templar. The last 12 months have and engage with our members. Most of these events certainly been very different, but, sadly, in one major serve professional or educational purposes, but some are respect, this has been for all the wrong reasons. In more social in content, and you will find articles on February 2018, the Inn was shocked to learn of the death number of these in the following pages. of Master Paul Jenkins, the Treasurer for 2018. Paul was a man of exceptional skills and qualities – and charm. In One highlight of any year at the Inn is the annual Amity losing him, Middle Temple lost not only a great friend visit. These seem to get better and better, and the visit and supporter, but also a Treasurer of great vision and to Washington DC in 2017 was a perfect example of this. ambition, who had given serious thought to what he A strong delegation from Middle Temple was warmly intended to achieve in his time in this role. Paul will be received in Washington DC, and enjoyed a full greatly missed by Middle Temple and by the many programme of events with American friends and friends he has left here. This edition of our magazine colleagues, culminating in a wonderful dinner at the contains a number of articles and tributes to this very Supreme Court. You can read more about this in Master special person. John Dyson’s article. As I write this Foreword, we are making the final arrangements for our 2018 visit to Although Paul’s death was a shock to us all, the transition Hong Kong, which I am sure certain will be another to a new Treasurership took place very smoothly, and I great success. would like record the Inn’s, as well as my own personal, thanks to Master Richard Wilmot-Smith who assumed the As I look through the table of contents of this edition, role of Treasurer unexpectedly and under the most I realise how difficult it is to do justice to the variety and difficult conditions, as well as one year sooner than he quality of the contributions to this year‘s magazine. had anticipated. We are very grateful to him for doing so, These reflect the wide range of the Inn’s activities, and and for all his support and guidance in these challenging the unique qualities of this extraordinary community. circumstances. Richard, and the Deputy Treasurer, Master I encourage you to take your time to read and enjoy this David Bean, had worked closely with Paul in developing a year’s edition of The Middle Templar. plan for the next three years, so that, although Paul is no longer with us, his aims and aspirations still remain central to our activities and initiatives. Paul took a great interest in education, and in this year’s edition, you will find a number of articles on this, ranging from articles on Qualifying Sessions out of London, to the visit by our Royal Bencher, HRH The Duke of Cambridge, to last year’s Moot Final. As I mentioned in last year’s edition, the four Inns of Court are currently also considering a proposal to offer a new two-part Bar training course which, if approved, will add an important new dimension to the already-wide range of our educational activities. 2018 Middle Templar 5

MASTER TREASURERFrom the TreasurerRichard Wilmot-Smith QCIt all began in early 2016. Paul emailed. He wanted dinner to talk about whathe should do during his year as Treasurer. I felt it interesting that he shouldask me but unsure why; however I was always up for a dinner with Paul andthis time it was my shout. So diaries were fixed and we sat down for agood bottle of white in his case and a sweet fizzy pop in mine.Gossip was exchanged. I bought more gossip from him Paul’s death has not destroyed that vision. I amthan he bought from me (this was pre-referendum). attempting to sustain it in 2018 in ensuring thatThen he came to it. day-to-day decisions have that in mind. Master David Bean will do likewise in 2019.He spoke with some passion about how hard it was tocome to the Bar now as opposed to when he did. He But there are some specific steps to be taken.spoke of his parents and their support and how he nevercould have asked for support from them if he was to Step one is the raising of money to secure and sustainhave run up the level of debt which law students do Paul’s vision. We are not a rich Inn. The Paul Jenkinstoday. Neither he nor they could have imagined the Fund was launched on 9 July 2018 – the day of hislevel of debt students got into in the new millennium. It magnificent Memorial Service in Temple Church. Paulwas bad enough in the 1970s, the days of local authority would have given generously to it. Please do so. Muchgrants and Paul only made it by a whisker (my word, his comes down to cash. The Fund is a vehicle for thethought). Today, from where he came, he never could realisation of Paul’s vision.have come to the Bar. This is unconscionable. Step two is to mobilise the younger members of the InnSomething had to be done. His priority for his year was to let us know what things, large and small, the Inn canto ensure that there was support from the Inn for all do to realise Paul’s vision. Small things can have a largethose, like him, from ‘non-traditional backgrounds’. effect. The vision may be broad, but it is made up of many pieces and not all of them large. Please email your‘Excellent,’ I said, ‘Quite the thing to do’. suggestions to us at [email protected] Master David Bean and I are anxious to know how the‘How would you like to be Treasurer after me?’ he said. Inn can help.We agreed that were I to be elected to succeed him Iwould pursue his priority of support from the Inn for all Step three…well that will involve the mobilisation of ourthose, like him, from ‘non-traditional backgrounds’. senior members in support of Paul’s vision. SomethingRemember and please read (again) Paul’s article on for 2019.pages 16-17 of the last edition of this, which sets thisout more eloquently than anyone else could. This I shall I have little doubt that next year my successor will havecall, for shorthand, Paul’s vision. more to report regarding Paul’s vision and the steps we are taking to realise it.Then I was elected to succeed him and theconversations started. Symbolism is important. The portraits of long deceased men can, in addition to embodying tradition, be a littleHis could not be a one-off year with one Treasurer’s stultifying if we do not show the Inn’s growth in thepriorities yielding to his or her successors’ in a Babel of present day by the addition of more modern portraits aspolicy. There had to be a sustained move to his well. Our illustrious forbears’ pictures should not hangobjective over more than one year. So we talked (and alone without some contemporary ones. They tell atalked), with much gossip interspersed, from then on story of an institution and that story must be toldwith that in mind. Master David Bean was elected to continuously. This autumn we will unveil a brand newsucceed me and we could say that for three years Paul’s portrait of Master Dawn Oliver, the Middle Temple’s firstvision would be the priority for the Inn. female working Treasurer.6 2018 Middle Templar

To celebrate the admission of the first woman student Our estate needs repair and refurbishment continuously.on 24 December 1919, there will be an exhibition in Hall Enjoy watching the physical manifestation of Middlecurated by Master Rosalind Wright. It will be of pictures Temple renew itself.and short biographies of about 25 prominent femaleMiddle Templars and will be unveiled in the autumn of Middle Temple is a remarkable institution which is2019. Preparations are being made now. evolving. Its embrace of Paul’s vision is emblematic of that. Nothing can be achieved, however, withoutThis year we have the challenge of making the decision the support and enthusiasm of the staff. Treasurers areas to whether the Inns return to providing pre-Call here today and gone tomorrow. But the staff sustaineducation. Master John Dyson wrote about it in last the Inn continuously.year’s Middle Templar. The Inns provided pre-Calleducation for many hundreds of years and about I am amazed at the good sense and collegiate20 years ago sold its law school and private providers management style of the Under Treasurer, who, belowtook over. There are well rehearsed arguments as to him, has a directorate which works tirelessly in supportwhy this should or should not be so. But the basic of the Inn. You can feel the ethos when you walk around.question is whether the Inns should resume doing what You can hear it when you talk to people. More namesthey did for many hundreds of years. I believe that the will produce a laundry list and leave people out. So I willInns should return to providing pre-Call education and I not name any more besides Guy Perricone. Buthope that in the coming year the logistical and financial remember when you see heavy furniture moved, roofsdifficulties involved in so doing can be overcome to replaced, garden parties in warm sunshine, food cookedallow that to happen. and served, flags flying high and at half mast, seminars and lectures arranged, moots in Hall and remoterOur property is visible and precious. You saw the Hall rooms, memorial services in Hall and Temple Churchroof being replaced this year as scaffolding enveloped and even publications like this issued, there are a wholeit for what seemed to be too long. It is now complete band of people behind them devising and executingand none of us will have to worry about that for another them with willingness and cheer. Please thank them80 years. You will be seeing the refurbishment of when you see them as I do now.Garden Court soon.2018 Middle Templar 7

8 2018 Middle Templar

OBITUARY: SIR PAUL JENKINS KCB QCSir Paul Jenkins KCB QCAn ebullient lawyer who carried ‘weapons-grade gossip’, advised threeprime ministers and came out as gay long before it was safe to do so.In the late 1970s, when Paul Jenkins joined the Civil  A budding Europhile, JenkinsService, official attitudes towards homosexuality were became a member of thefraught. It was still out of the question in the Foreign Young European League.Office and the diplomatic service, and while it was not He was the first of his familystrictly forbidden in other departments, no one dared to go to university. Inspired bydeclare themselves publicly. When Jenkins, a barrister, hearing recreations of famouscame out during his first years at the Treasury Solicitor’s trials on BBC Radio 4, heDepartment, it was still a time when the Ministry of looked to a career in the law.Defence snooped into private lives and restricted security ‘I thought, I can do that.’clearance for gay staff. ‘I was in a very friendly, very liberaloffice,’ Jenkins recalled, ‘but there was a lot of what ‘We were also of the view that it would take ten yearspeople call ‘harmless banter’ – and it sure wasn’t harmless and could cost anything up to £100 million, and also thatbanter if it was about you. I remember being very, very we could only win by possibly damaging our long-termnervous about anybody saying to me, ‘Why don’t you go intelligence relations with the US.’and work for the Ministry of Defence?’ because I knew I’dhave to be what was then called ‘positively vetted’.’ As legal advisor to the prime minister, he told Cameron that he had to obey the European Court of Human RightsHe decided to come out simply because he felt so and give the vote to prisoners. Cameron told him thatuncomfortable about hiding his sexuality. It was, he said, would make him ‘physically sick’.‘fine after that’. He entered into a civil partnership in 2009with his long-term partner, René Hansen, an occupational He was later asked to find a way of regulating thetherapist, and took great pleasure in being invited with press that was acceptable to Conservative and LiberalHansen to drinks with the Queen after the Trooping the Democrat ministers in the coalition. Jenkins found theColour. It was an invitation that came as a surprise to answer by proposing a royal charter, which avoided givingJenkins, even in a more accepting age. ‘That’s because the impression that Parliament was exercising censorship.I am someone who grew up in the Sixties and Seventieswhen one was really quite nervous being “out”,’ he said. He had mixed feelings about Cameron. Whilst he‘My partner, who is bit younger than me and Danish, does described him as ‘the best tactical prime minister I camenot get this at all.’ across’, he was less sure about Cameron the visionary. ‘If you were in a crisis and you needed to get to the endIn 2012 Jenkins made it to No 71 on The Guardian’s of the week, he’d get you there,’ he recalled. ‘He was aWorld Pride Power List. ‘My partner said to me, “So safe pair of hands and was brilliant in Parliament. But ifyou’re a minor celebrity now, that’s fantastic,”’ Jenkins you tried to get him to think strategically about whererecalled. ‘Managing me down, quite right.’ Made diversity something was going in six months or a year, he wasn’tchampion for the Civil Service, Jenkins was keen to speak interested.’ After nearly three decades in the governmentout. ‘I am comparatively shy about banging on about my legal service, Jenkins became the longest-servingprivate life,’ he said in 2014, ‘but it is hugely important for Treasury solicitor for nearly 50 years, remaining in postpeople across the Civil Service to see role models – gay from 2006 until 2014. ‘It is one of the most meaninglesspeople who have achieved senior positions and are not job titles going,’ he remarked wryly during his tenure.Elton John or Ian McKellen, but ordinary people’. I spend my life saying, ‘I don’t work for the Treasury and I am not a solicitor’.He became Treasury solicitor, head of the GovernmentLegal Service, in 2006 and emerged as one of the most Paul Jenkins was born in London in 1954. His father,trusted advisers in Whitehall. He was the instructing Reginald, who was from Merthyr Tydfil, and his mother,lawyer in all cases involving the government, and Elsie (née Williams), were junior civil servants. He went topersonal legal adviser to three prime ministers: Tony Blair, Harrow County School for Boys, where Michael PortilloGordon Brown and David Cameron. By the time he stood was a contemporary. A budding Europhile, Jenkinsdown, his department had been transformed, with 1,300 became a member of the Young European League.barristers and solicitors providing shared legal servicesacross the government.He faced the biggest challenge of his legal career in2009, ‘probably the most interesting, most difficultthing I’ve done’, when former detainees who had beentortured at Guantanamo Bay demanded compensationfrom the government, which they said had colludedwith the US in their unlawful treatment. The detaineeseventually settled with the government for about £10million between them. ‘We were pretty confident wecould ultimately win those cases,’ Jenkins said. 2018 Middle Templar 9

He was the first of his family to go to university. Inspired Jonathan Jones, his deputy and eventual successor,by hearing recreations of famous trials on BBC Radio 4, recalled simple acts of thoughtfulness: ‘When my househe looked to a career in the law. I thought, ‘I can do that’. was badly flooded one winter, I got back to the office toIt came as a horrible shock to discover it wasn’t quite find he had put a bottle of whisky on my desk to softenas glamorous or romantic’. Reading law at Manchester the blow; he knew me quite well’. According to his friendUniversity, he was inspired by a course in public law that the Times columnist Matthew Parris, Jenkins ‘was agave him a sense of how the legal and political spheres good, moral, even idealistic man. But there was a relaxedinteract. He graduated in 1976 and was Called to the tolerance of all kinds of people and all kinds of behaviour,Bar the next year. He gained experience on a mixture of and a love of the pleasures of life, that shone through’.crime, matrimonial and civil law. ‘I remember the first timeI realised a client was lying to me. It was the most terrible Leaving the Civil Service in 2014, Jenkins joined Matrixshock’. Another unreliable witness was lying about a bus Chambers. Freed from the civil servant’s enforcedroute. ‘The usher whispered to me the correct route. reticence on political matters, he started using TwitterCase over.’ with alacrity. He told a colleague that it ‘will probably lead to disaster when I have a few more followers andWhen he became Treasury solicitor, Jenkins worked one too many sherries’, but it was the perfect platform forclosely with Dominic Grieve, the Attorney General, who his political passions, notably Europe. He used Twitter todescribed him as ‘a sort of indispensable fix-it within rally against Britain’s decision to leave the EU. After theWhitehall. The moment there was some problem, referendum he always referred to Hansen, an EU nationalhe would materialise within the Cabinet Office, the who survives him, as ‘the bargaining chip’. His socialconsigliere smoothing out problems’. Grieve also media account also offered delightful glimpses into hisdescribed what he called Jenkins’s ‘weapons-grade private life: he loved Mahler, but hated tea. He loved hisgossip’. The two would meet every few weeks, Grieve dog, Jack, of whom he tweeted: ‘The only time he hasrecalled, ‘to have breakfast and, bluntly, to have a gossip. ever done anything solid indoors was the night TrumpHe loved Whitehall, he loved the Civil Service and he was elected. Wise lad, our Jack’. A few days before heloved being a mandarin. Treasury Solicitors can be slightly died he tweeted: ‘I’m advised against Tweeting whilstperipheral. Paul liked being at the centre of things’. slurping morphine but, as you may already realise, I thinkAway from the office Jenkins was seldom seen without a TM is useless, ditto Corbyn and Brexit stinks’.martini. He could often be found, glass in hand, waitingfor friends at the Garrick Club. One recalled the last time Sir Paul Jenkins died on 26 February 2018, aged 63.they met there (it was always the Garrick): ‘I tentatively Extracted from, and reproduced by kind permissionsuggested maybe just one glass of wine with dinner. His of, The Times.withering look dismissed the idea’. It would be a bottleat least. He had a refreshing approach to the work/lifebalance. When he set out as Treasury Solicitor he wasasked how much work he wanted to do at weekends.‘Let’s start from the assumption that I’m not going totake boxes home every weekend and we’ll see how weget on,’ he said. Jenkins always judged people in seniorpositions by what he called ‘the lift test’ – how theytreated others when they were in a lift. It was a test thathe would have passed with no trouble.10 2018 Middle Templar

TRIBUTE MASTER JONATHAN JONESTribute by Master Jonathan JonesEveryone who knew him has been deeply saddened and shocked by Paul Jenkins’ death.He was recovering in hospital from surgery which was thought to have gone well, butdied suddenly on Monday morning (26 February 2018). Master Jonathan Jones was Called hundreds, probably thousands, of people whom he to the Bar in 1985 and was elected a supported, encouraged, mentored, inspired, and Bencher in 2007. He is the Treasury generally cheered up. I am very proud to include myself Solicitor, HM Procurator General among them. There are many stories of his kindness and and Head of the Government Legal generosity. When my house was badly flooded one Service.  He was previously Home winter, I got back to the office to find he had put a bottle Office Legal Adviser 2012-14, of whisky on my desk to soften the blow (he knew me Deputy Treasury Solicitor quite well). 2009-12 and Director General of the Attorney General’s Office After leaving the Civil Service, Paul practised from Matrix 2004-09. Jonathan began his Chambers, primarily in the field of public law, governancecareer with the Government Legal Service as an adviser on and inquiries. He also took to Twitter, which he found tocompetition law with the Office of Fair Trading. He later be the ideal medium for sharing his wisdom and picturesheld legal adviser posts in the Department of Transport, of his dog Jack, but also to sound off about the folly ofHM Treasury and the Department for Education. He is an Brexit and the shortcomings of the current political class.accredited advocacy trainer and undertakes advocacy and One of his last tweets has already become legendary: ‘I’methics training for members of the employed Bar. advised against tweeting whilst slurping morphine but, as you already realise, TM is useless, ditto Corbyn, andHe is particularly fondly remembered by many here in Brexit stinks’. This brutal frankness didn’t seem to ruleGLD. He started his Civil Service career in 1979 in the him out from doing reviews or other work for governmentTreasury Solicitor’s Department (as was) where he worked – indeed it left no-one in any doubt about hisin litigation and advisory posts, as well as acting as independence, so often it made him the ideal choice.‘PEFO’ (Principal Establishment and Finance Officer) – But he remained a strong advocate for the Civil Servicefor those who remember those days. And of course he and GLD in particular, in uniquely challenging times.ended it here as the longest-serving Treasury Solicitor, for8 years between 2006 and 2014. In the meantime, he held Paul’s final role was as Treasurer of Middle Temple, anposts as Legal Adviser to the Monopolies and Mergers institution which he loved and to which he led me back asCommission, Department for National Heritage (now a Bencher. He saw it as particularly important to supportDCMS), the Lord Chancellor’s Department (in various students and those coming into the profession – as hemanifestations, now MoJ), and DWP/DH (now DHSC). felt the Inn had supported him when he came to the Bar as a relative ‘outsider’. Middle Temple Hall was where hePaul was widely respected as a wise lawyer and adviser, chose to hold parties celebrating his civil partnership witha consummate administrator, a reforming and inspiring René Hansen in 2009, and later his departure from theleader, and a fearless champion of diversity in all its Civil Service in 2014. It is particularly sad that he will notforms. He began the ‘shared legal service’ process which see through a term of office as Master Treasurer whichI was so keen to continue and which has led to the would doubtless have been productive and reforming,creation of GLD in its current form. but above all fun. I can’t help adding that, when recently he saw what he regarded as an unpromising seating planBut more than that, Paul was a very special person and a for a Middle Temple dinner, he texted me: ‘Crikey you’regreat friend to many. I have been touched by the many sitting between [X] and [Y]. I will be in Pegasus [wine bar]messages of appreciation we have received here in GLD from 5:30 if you feel the need for prior fortification’.– all staggered by the news of Paul’s sudden death, butall with fond memories of his kindness, generosity and RIP Paul, much missed lawyer, proud public servant,good (sometimes wicked) humour. Across the Civil inspirational leader and friend. Extracted from, andService, the legal profession and beyond there are reproduced by kind permission of, Civil Service World.Rhododendron‘Sir Paul Jenkins’Rhododendron ‘Sir Paul Jenkins’ (x R. Praestans)bred by Lionel de Rothschild of Exbury Gardensand named in Paul’s honour. It is currently dueto be marketed, after the necessary years ofpropagation, by Millais Nurseries. 2018 Middle Templar 11

EULOGY MASTER GUS O’DONNELLEulogy given byMaster Gus O’Donnellat Sir Paul’s Funeral on 14 March 2018It is testimony to how much Paul was He knew at first-hand how rules can block progress. Hisloved that there are so many people mother and father were both in the Civil Service with hishere and many more who will attend mother the more senior, but that didn’t stop her having tohis memorial service. Like all of us here resign when they married.today, I find it hard to separate theprofessional from the personal when I It is only when we look back that we realise how far weremember Paul. have come. But Paul realised and convinced me that so much more was still needed.He was my legal adviser and my good friend. Together wedealt with some tricky issues, like what happens legally, I know my successor, Sir Jeremy Heywood, valued Paul asconstitutionally and politically if a serving Prime Minister is much as I did and how delighted he was to toast Paul’sarrested? How on earth do you compensate people who knighthood in his office on the day of Troopingwere incarcerated in Guantanamo and survive politically? the Colour.My own legal knowledge stemmed from an unholymixture of Perry Mason through to John Grisham, yet Paul And then he retired, but I think a better term is brokealways explained complex issues in ways I could grasp free. Suddenly his humour and passions were unleashedand use. At the end of some of the long days we would on an unexpecting public via Twitter (Jenkins unleashed-decant to a discreet bar to contemplate the profound now that would make a great film!). The world got awisdom of our political masters and along the way I would taste of the Paul we all knew and loved. And he was ablelearn all about what my colleagues were up to – always to devote more time to his role at the Middle Templedelivered with wit, insight and, mostly, generosity – and where he continued to champion the cause of those fromalways with that wonderful twinkle in his eye. diverse backgrounds trying to succeed in the legal world, as well as brightening up every dinner he attended – and,Making Paul the Civil Service diversity champion was a believe me, that was quite a lot!no-brainer decision: he had demonstrated to the rest ofus how to do it inside the Government Legal Service. He In all this Paul was supported by René whowas the perfect role model, not least because he devoted complemented him perfectly. We have all lost aso much of his own time to mentoring people who faced great friend but he has lost a partner. Today we mustdifficulties in fulfilling their potential. celebrate all that Paul did for all of us, while being utterly devastated by not having him here anymore. He left too soon but he left an indelible legacy. He shall never be forgotten.12 2018 Middle Templar

RENÉ HANSEN ON LIFE WITH PAULRené Hansenon Life with Paulread by Master Robin Griffith-Jones at Paul’s funeralI met Paul on 21st of December, A year to the day we met, December solstice 2008, PaulDecember solstice, 2007. Given the asked me if I might consider marrying him. I don’t recallcircumstances and where I was in my life having to consider it at all.at the time I could not have had lowerexpectations that something spectacular As it turned out I got to spend 10 years of my life withwas about to happen. But it quickly Paul. To be honest, until the unexpected thunderboltbecame apparent to both of us that this of his passing, I was quietly hoping for another 20 buthad potential to become something thinking like that is not going to get me anywhere. Noexceptional if we played our cards right – good can come from that. I got to spend 10 years of mysomething just kind of clicked. life with someone I loved so dearly, and I am eternally grateful for that.We went from dating to spending almost all our timetogether. No sign of either of us needing space away Through Paul I met this enormous bunch of wonderfulfrom each other, no sign of it going too fast. I Love Yous, people. Most of them are here among us today atwe both agreed, were exchanged sooner than were Mortlake crematorium, all of us mourning the loss ofprobably appropriate. We went on holiday, expecting someone who touched our lives.we’d get in each other’s space if we spent a whole weektogether – but it only consolidated feelings. I want to thank all of you who are here, those who sent cards, messages, letters, phoned and visited me when II moved in – no sign of either of us finding it too was at my lowest. Nothing will ever bring Paul back, butoverwhelming or too mundane, no cold feet – it just kept your kindness and consideration has made it easier to getgetting better and better. A future was forming. from one day to the next. Thank you to all for having been in Paul’s life, and for the kindness shown to me. 2018 Middle Templar 13

MEMORIAL SERVICE: 9 JULY 2018 SIR ROBERT DEVEREUX KCBA Celebration of Sir Paul JenkinsTemple Church Sir Robert Devereux KCB is a retired Paul’s public service senior British civil servant, who served as Permanent Secretary Paul was Called to the Bar in 1977, and joined the for the Department for Transport Government Legal Service in 1979. He then became the from 2007 to 2011 and then the legal advisor to the Department for National Heritage. Department for Work and Pensions This was Paul’s first dream job. How satisfying for him to from 2011 until his retirement in advise the Government on setting up a National Lottery, January 2018. which in turn subsidised his frequent attendance at Glyndebourne.Sir Paul Jenkins In that role, and his next in the Lord Chancellor’sKnight Commander of the Bath Department, Paul began to develop what became his extraordinarily wide set of friends and acquaintances:Honorary Queen’s Counsel place him in any gathering, and Paul would be immediately at home.Treasury Solicitor And how he loved those gatherings. Formal or informal.A member of Matrix Chambers Small or large. As often as not in black tie or white tie. After one particularly good night out, his host wonderedTreasurer of the Middle Temple how Paul had got safely home. It was simple, Paul told him, I remembered I lived in the West, so I just walked inAdvisor to Government and Corporations the same direction as the planes. Back at work on theto Prime Ministers and to Princes. Monday, now in the Department for Work and Pensions, he professed to being bored, and wondered out loudIn short, a very distinguished, well rounded legal career. whether he should apply to become Governor of Jersey.And in truth, and in his own words, a short, very well Fortunately for the Government, and for the country as arounded, lawyer. whole, he successfully applied instead to become Treasury Solicitor, a post he then held for seven and a halfIt’s that juxtaposition, of the serious and the humorous, years; the longest serving in 50 years.which was a hallmark of Paul, because, for all its legaldistinction, Paul’s life was not ultimately defined by the Fortunately, because Paul was an exceptionally able, andlaw but by love, by laughter, by public service, and by a influential legal advisor. And in this top job, he rapidlypassion to tackle disadvantage. won the trust of successive Prime Ministers, senior Cabinet Ministers, and Cabinet Secretaries.It’s those aspects of Paul’s life which I’ll talk about this They all wanted Paul in the room when the going gotevening, as we celebrate a remarkable individual, who tough. They all trusted his advice. They all trusted him.brightened our lives, whom we trusted, and loved. He really was the Government’s family solicitor.I am sure everyone can conjure up an image of Paul As one ex-Cabinet Minister told me, Paul was trustedsitting among us, as he did at any number of grand because he was evidently and always on the side of thoseoccasions in this Church or in the Hall. He loved all the he advised. He would never leave a Minister, or theceremony. But most of all, he loved the company: I’m Cabinet Secretary, between a legal rock and legal hardpretty sure by now he’d be fidgeting in the heat, and place: wherever possible, he would find a way through.willing me to crack on with the formalities, so we could allget on to the Middle Temple’s excellent champagne. For example, Sir Brian Leveson’s careful recommendations on press regulation were notSo, let me start with Paul’s public service. universally accepted. So how to create a regulator without the hand, and in particular from the media’s perspective, the upper hand, of Government? Enter the Treasury Solicitor, with – as Sir Oliver Letwin described – his highly creative intelligence, and all of sudden a solution emerges: ask the Sovereign to create the regulator by a Royal Charter. Not everyone was convinced even then. But one of Paul’s greatest skills was being authoritative when needed. That tilt of the head, looking over the top of his glasses, and that calm assertion against any objection: ‘I’m afraid that’s not how a Royal Charter works…’ As if there was a clear canon of Royal Charter rules…14 2018 Middle Templar

Paul knew that a key part of his role was to bring legal So you can imagine his enthusiasm advising thecertainty. To see beyond ambiguity compounded by lack Government and the Palace how to overturn centuries ofof precedent. To set out clearly the principles that should primogeniture. Another example of Paul bringinganchor the discussion, and within those principles, to certainty where there was none. His solution: secure theprovide confident and inventive advice. agreement of all Her Majesty’s Realms. And with some deft upward delegation, he stuck the Cabinet SecretaryAnd because he could so often find a way through, when on a 20 hour flight to Australia to the CommonwealthPaul occasionally advised that some course would be Heads of Government Meeting to do just that. Then theillegal, his clients recognised that he was not crying wolf, Duchess of Cambridge gave birth to a boy…and changed their course. Indeed, he made very clear toeveryone in the Government Legal Service that, while As Treasurer of the Middle Temple, Paul also put diversitylawyers were there to support and advise the centre stage, calling for more action to open up the BarGovernment, it was also their role to maintain the rule of to candidates from non-traditional backgrounds.law, in the thousands of decisions made every day, veryfew of which ever end up being challenged in the courts. He’d been active himself in this quest for years; and wanted to marshal the Inn’s resources and influence.There are so many other examples of Paul as the trusted So it’s fitting they’ve set up a new fund to do just that,advisor: what would happen, legally, constitutionally and in Paul’s name.politically if a serving Prime Minister were to be arrested?How on earth can a Government compensate people Paul and René, and as ourincarcerated in Guantanamo and survive politically? much-loved friendPaul as raconteur But above all, Paul was our friend. We loved him. And he loved us. Especially René.Unsurprisingly, few of these details are in the publicdomain. But like many others here this evening, I’ve lost I wasn’t alone in finding René’s own words at Paul’scount of the inside stories Paul would tell those he funeral beautifully describe how he had fallen for Paul,trusted; especially over a good dinner, with plenty of fine and the great joy they shared together, over a decade.wine. My abiding memory of all those evenings and So let me record what so many of us who’d known Paulstories was laughter. Lots of laughter. Riotous laughter. for even longer could see so very clearly: he was madly in love with you, René. How else can we explain why theOf course, part of each story would have a substantive clubbable man with so many connections would movefascination: was the 1836 Marriage Act really an issue for away from Zone 1? But from the moment he met you,Prince Charles’ wedding? (No, in case you’re wondering…). all that changed; and so clearly, for the better. Of course, he continued to enjoy the trappings of the legal world,But by far the most fun came from Paul’s irreverent with its wonderful ceremonies and dinners; but Paulrecounting of how the event unfolded: who was there, was most relaxed when at home, in the country, on hisand who realised why they were there; who understood own with you.the subject, and who only thought they did; who behavedwell under pressure, and who had clearly hardly And so many others of us here will, like me, rememberprogressed beyond their school playground. Paul wove Paul, above everything else, as our tremendousstories of angels and villains, of randomness and friend. He was always so pleased to see us. He wasmadness, and of his unending effort – as a good civil tremendously loyal to us: he was our confidante, ourservant – to keep the ship of state afloat and sailing in advisor. And he just loved sharing his pleasures with us.the Government’s chosen direction. Whether that was a good meal, an opera, or a beautiful garden. Indeed, any occasion which also provided anOf course, with a decent interval after retirement, Paul opportunity for yet another wonderful chat.became less reticent about sharing his views more widely,on Twitter. There was widespread coverage of his final PerorationBrexit observation which, until today’s news, I was goingto quote. But with events in the real world moving so fast, So, let me end there. Remembering Paul.I’ve decided instead to set you all an exercise over thechampagne: what would Paul have tweeted today? Extra Who spent his life in public service, serving Governmentsmarks for incorporating his favourite words: ‘stinks’, of every colour, and the country’s legal system, with‘excruciating’, and ‘mountebank’. distinction; who had a passion for diversity, and was an inspiring role model; who made us laugh ‘til we criedPaul as diversity champion and above all, who was our friend, the best of friends, and whom we all loved dearly.So, great public service, and the source of so much laughter. As René so bravely put it at Paul’s funeral, let us rejoiceBut Paul also had a real passion to address disadvantage. in the years we knew Paul.Under his leadership the Government Legal Servicebecame a front runner in promoting diversity. Many more Let us also try to live up to the high ideals which hissenior women, more BME, and – of course – himself a life so well illustrated, and let us give thanks, androle model, as the first openly gay Permanent Secretary. remember him best, over that fine champagne, withHis authenticity, passion and drive for an inclusive Civil some weapons-grade gossip.Service was palpable the moment he stepped into aroom to speak. He was a natural choice as Civil Servicediversity champion.2018 Middle Templar 15

MEMORIAL SERVICE PHOTOS16 2018 Middle Templar

The Inn wishes to express its thanks to Inner Temple for the kind use of their gardens for the Memorial Reception.2018 Middle Templar 17

COAT OF ARMS MASTER PATRIC DICKINSON The background to Paul’s Coat of Arms Sir Paul was emphatic that his partnership with René Hansen was the most important thing in his life and he therefore wanted a strong Danish element in the design. The national arms of Denmark contain several blue lions passant – similar to the gold lions that appear on the Royal Arms here. Yoking half a gold lion to half a blue lion seemed a good way of heraldically portraying the partnership of an Englishman and a Dane. The roses have a dual symbolism – they represent Sir Paul’s keen interest in gardening but also allude to Shakespeare’s version of the Wars of the Roses being sparked by the plucking of roses in the Temple gardens. The nightingale similarly does double duty. It symbolises his love of opera. Also, nightingales sing in the woods near his home in Sussex and he loved the birds in his garden. The portcullis provides a reference to his official work at Westminster whilst the motto expresses what he felt was a crucial part of his role as Head of the Government Legal Service, which was to be fearless in giving legal guidance to his political masters. Finally, he was keen that his insignia as a Knight Commander of the Order of the Bath should be included. By no means all permanent secretaries are made KCBs nowadays and he was understandably proud of the award.18 2018 Middle Templar

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THE BOOK OF MAGICAL CHARMS  RENAE SATTERLEY‘To know ofstolne things’Robert Ashley’s The Book of Magical Charms Renae Satterley is the Inn’s Librarian. Newberry Library – www.newberry.org esoteric works, accompanied by a reference in the form Originally from Canada, having of a chapter or folio number. These include Girolamo completed her BA at Concordia Maggi’s De tintinnabulis liber postumus and Conrad University in Montreal and her Masters Gesner’s Bibliotheca instituta et collecta. The latter book of Library & Information studies at is in the Library and has copious notes throughout in McGill University in 2004. She came to Ashley’s hand. In addition, folio 2 recto of the Newberry London via Cambridge, having worked manuscript is titled: ‘In lib. primo Theologiae mysticae at Emmanuel College for a year. cap. 55. de virtutibus acquirendis’. This most likely refers to Hendrik Herp’s Theologiæ mystical. This book wentIn the summer of 2017 I was idly perusing Facebook at through numerous editions (1538, 1545, 1556, 1586,home, when something very familiar caught my eye. 1587, 1601 and 1611) and in the 1601 copy held by theA friend had posted a link to an article on the Atlas Library, chapter 22, lines 1-23 are an exact copy of theObscura website highlighting a project by the Newberry text as it appears in the manuscript. The index is alsoLibrary in Chicago to crowdsource participants who marked up, including the entry for ‘Virtutes ut sintcould transcribe and translate three of their early multiplices, & quomodo acquirantur’. Perhaps ‘cap.55’modern manuscripts. The article was illustrated by a was a mistake on Ashley’s part, or perhaps he copiedphotograph from Newberry MS 5017 written in a hand the text from another edition, or another book whichthat I immediately recognised: that of Robert Ashley reproduced Herp’s writings. Either way, these entries(1565-1641), the founder of Middle Temple Library. indicate that Ashley was ‘commonplacing’ passagesAshley did not bequeath his personal papers to the Inn, from his books into a notebook that also containedbut his books are full of marginalia and pages of notes, charms and spells.and his handwriting is easy to read and recognise. The habit of transcribing quotes, recipes and passagesThe manuscript was catalogued as ‘unknown creator’, from books was common practice for most early modernso after consulting the digitised manuscript on the readers; lawyers in particular were in the habit of usingNewberry’s website, I contacted the library to inform notebooks to copy out fees, case reports, news itemsthem that I could identify the author. After sending them and gossip. As Wilfrid Prest pointed out in The Inns ofexamples of Ashley’s handwriting, their ‘resident Court under Elizabeth I and the Early Stuarts 1590-1640,calligraphy expert’ confirmed that it was Ashley’s hand, the ‘most formidable part of the would-be lawyer’sand that the ‘hand differed enough that some of the training was to read, digest and commonplace casesentries might have been made by Ashley later in life’. from the year books and the reports’ (p.143).If the latter is an accurate assessment, it would indicatethat Ashley was using notebooks such as this to make Newberry MS5017 folio 2r showing a snapshot ofnotes on a variety of topics throughout his life. the transcription from H. Herp’s Theologiae mysticae.The work has been catalogued by the Newberry as abook of ‘magical charms’ due to the variety of spells itcontains, such as ‘To torment a witch’; ‘To win what thouwilt at dice’ and ‘To speak with spirits’. The book alsocontains a variety of cures for illnesses, such as‘A water to heale a sore’; ‘For excessive bleeding of thenose’; and ‘To take away the sunburning’. Despite theprevalence of charms, however, it would be moreaccurate to describe the work as a commonplace bookbecause it contains a number of transcriptions from less20 2018 Middle Templar

➊➋Newberry Library – www.newberry.org Newberry Library – www.newberry.org➌ ➊ N ewberry MS5017 folio 95r showing what are possibly Whilst The Book of Magical Charms is not an original Ptolemaic co-ordinates: ‘Latitudo praecipuarum alicquot composition, Ashley did write three original pieces of civitatum et locorum’. The cities of Constantinopole, work in his lifetime. The best known of these is his Krakow and Antwerp are clearly listed. treatise Of Honour. Until recently, it was not known that there were two copies of this work, as only the one at ➋ A transcription from a work by Michel de Montaigne the Huntington Library had been researched and cited in scholarly publications. The Huntington Library copy was in Robert Ashley’s hand, found in his 1573 copy of dedicated to Ashley’s patron, Sir Thomas Egerton and Plutarchi Chaeronei, gravisimi et philosophi et historici, was written between 1596 and 1603. However, there is Vitae comparatae illustrium virorum. an earlier version of the manuscript at Trinity College Cambridge, dedicated to Sir John Puckering, who died ➌ A transcription in Ashley’s hand: ‘The general estate in 1596 and was succeeded as Lord Keeper of the Great Seal by Egerton. Ashley also wrote a poem honouring of the Scottish Commonwealth, with the causes of Sir Francis Bacon, published in a 1626 memorial their often mutinies and disorders’, found in his 1588 compilation entitled Memoriae honoratissimi domini copy of Hector Boece’s Descrittione del regno di Francisci, Baronis de Verulamio, Vice-Comitis Sancti Scotia. This book is in need of repair. If you would Albani sacrum. Lastly, he wrote an unfinished like to sponsor it at a cost of £425, please contact the autobiography, Vita, now at the British Library, Librarian: [email protected] MS Sloane 2131; we do not know how Ashley’s Vita ended up amongst Sir Hans Sloane’s collection of The Library is examining the possibility of a similar manuscripts. The Chicago manuscript forms part of the project and engaging the help of a King’s College Newberry’s Stanton A. Friedberg Collection, and was graduate intern in 2019. There are a number of also owned at one point by a Richard Grosvenor. manuscripts, leaves of notes in the rare books and other miscellaneous items that would benefit from Given that the Newberry manuscript remained digitisation and transcription in order to open them unattributed for so long, it is highly possible that other up to scholarship. Some examples include: works written by Ashley remain to be discovered. Projects to crowd source transcriptions are becoming • A book of signatures of American sailors who increasingly popular and provide an excellent way to slept in the Great Hall of the Royal Courts of open up scholarship to a wider audience. Justice in 1918 (MS80) • The records of the ‘Ancient and Honourable Society of the Bears’ (MS146), a five volume set of the records of a private lawyers’ club from the 1735 to 1823 • The Brerewood manuscripts, which cover the history of the Middle Temple and of Lincoln’s Inn in the early 17th century (MSS 95 and 96) If you would like to read more about the Newberry’s transcription project, or even contribute to it, visit: publications.newberry.org/dig/rc-transcribe/index The Atlas Obscura article can be read at: www.atlasobscura.com/articles/newberry-library- transcribing-manuscripts Oh, and to ‘know of stolne things’? Simply, ‘write their letters in virgin waxe and it shall be told thee [in] thy sleep who stole it’.2018 Middle Templar 21

CHARLES DICKENS AND THE MIDDLE TEMPLE MASTER IGOR JUDGECharles Dickensand the Middle Temple‘Brilliantly the Temple Fountain sparkled in the sun, and laughingly its liquid musicplayed and merrily the idle drops of water danced and danced, and peeping out insport among the trees, plunged lightly down to hide themselves’. Master Igor Judge was Treasurer Dickens was admitted to the Inn in December 1839. in 2014. He was the Lord Chief He was 27 years old. His experience of life by then Justice of England and Wales from had included a maternal grandfather who disappeared 2008-13. He was previously President when his activities as an embezzler of navy pay was of the Queen’s Bench Division. He discovered. Much worse, his father, an entirely reputable joined the Dickson Poon School of man, was committed to the Marshalsea as a debtor, Law at King’s College London as a and he took with him to that prison his wife and their Distinguished Fellow and visiting younger children. At the age of 12 or 13 Dickens was Professor in 2013. Master Judge forced to earn six shillings a week (that is 30p to us) was the President of the Selden fixing labels onto blacking bottles. What he felt about Society from 2009-15. these years can be discovered in his fragmentary autobiographical notes, which he himself neverIs this prose or poetry? published, almost certainly because the memories were too bitter, but which waited for and were included in‘ …laughingly its liquid music played’ would grace a sonnet. Forster’s biography. He spoke about ‘the secret agony’ of his soul and the ‘misery’ of these cataclysmic events.That fountain is in Middle Temple. Fountain Court we Long before he entered employment in the solicitor’scall it. I walk past it every day when I am in London. From office at fifteen shillings a week (that is 75p as themy flat in the summer I can hear the fountain playing. Dictionary of National Biography points out, the sameDickens in a happy mood is a treat. But Martin Chuzzlewit salary as Bob Cratchit), he knew all about life’s disastersalso gave us ‘the ghostly air about those uninhabited and society’s ills from bitter personal experience. Andchambers of the Temple’. There are worse, many more there was a personal disaster of a different kind when hisdepressing lines in Dickens than that, but at times he first love was unrequited. This was not a childhood crush.is seeing the entire legal system and administration of Years later he wrote to the girl in question, now, of course,justice and the Temple itself as an emotional desert. a mature woman, that what happened made it difficult for him to express affection and emotion. What, you ask,But Dickens did not learn about life (with all its joys and Dickens unable to express affection and emotion? Lookall its sadnesses) from the Middle Temple. Nor did at his books. No, it is not in his writings that this failurehe learn about the iniquities and vicissitudes of a occurred, but in his own life. Indeed that may explain hislegal system in which hope could be crushed from his ability to write down on paper the emotions and insightsmembership of the Middle Temple. It all started much into others which he could not even reveal to himself.earlier, from boyhood days.22 2018 Middle Templar

Although he made light of this affair in David Copperfield, It is almost certainly to Talfourd that we owe ourthese letters in his later years tell something of his privilege of claiming Dickens as one of our members.heartbreak and its lifelong impact on him. The dedicatee of the Pickwick Papers was not simply a great friend of and to Dickens, but although nowadays“…Your Petitioner, with this experience of forgotten, a great man in his own right. his inability to become a Law-Student in anything but in name, respectfully Dickens did not begin to eat his dinners with a view to begs permission to withdraw himself from possible Call to the Bar until ten years after his admission. the Students’ List and to have his He ate most of them with Talfourd’s son, Frank. But”Deposit-Money returned to him… his interest in a possible judicial appointment faded quickly. In 1855 he petitioned the Inn to allow him toThere was, however, one crucial feature of his life before withdraw. If granted he was entitled to the return of hishe joined Middle Temple. He had already achieved deposit money, £100, a great deal of money (somethinggreat success as a writer. The Posthumous Papers of the approaching around £6,000 to £8,000 nowadays).Pickwick Club, Oliver Twist, and Nicholas Nickleby had allbeen published. So why did this young man, already in On 17 March he wrote a hand written note – and wedemand as a writer, think of a possible career at the Bar? should perhaps remember that Dickens never wrote aIn fact there is no evidence to suggest that he intended word on a typewriter, let alone a computer, he lived in theto practice. He did not, for example, begin to eat the age of the quill pen and ink wells.then necessary dinners in Hall, and in the meantime hisliterary output continued undiminished. At a later stage It was a petition which showed:he contemplated qualifying for the Bar in order to seekappointment as a Stipendiary Magistrate. It is interesting …years ago your Petitioner entered himself as ato speculate what sort of a judge Dickens might have student of your Honourable Society, with the intentionbeen. Interesting, but of course, speculative. We do of keeping the requisite number of terms and beingknow that this wish was based on his admiration for a called to the Bar. That although your Petitioner wasMiddle Templar, Henry Fielding, sometimes known as at that time a Writer of Books, he did not foresee thatthe ’Father of the English novel’, a man whose reputation Literature as a Profession would so entirely engrossfor insight into the human condition remains untarnished his time and become the business of his life, as it hasby the passing of the years, and whose Tom Jones it since done and now does. That in the pursuit of his Artwill be remembered includes an alarming description (both in his own country and in others), Your Petitionerof the conviction of murder of a wholly innocent man. I has been entirely diverted from the pursuit of the Law,have just discovered that one of Dickens young sons was and that he has long had reason to believe that thechristened Henry Fielding. separation is final. Your Petitioner, with this experience of his inability to become a Law-Student in anythingMore certain, however, is the identity of his guarantors but in name, respectfully begs permission to withdrawat the Middle Temple. Two were needed. The first was himself from the Students’ List and to have his Deposit-Edward Chapman, a young publisher, who with his Money returned to him, if your Worships should see nopartner William Hall had approached Dickens and invited objection to granting him this favour…him to commit himself to writing what became the sellingsuccess of the Pickwick Papers. This Club [The Pickwick Even such a note of resignation has the hallmarks ofSociety] is indebted to him. The second was Thomas a master writer.Talfourd, a close friend and a dedicatee of the PickwickPapers. Talfourd was a member of the Middle Temple, a The petition was rapidly granted. Its deposit was returned.barrister of distinction, a Serjeant-at-Law, a Member ofParliament, and later a High Court Judge, who died just a That was the end of Dickens’ membership of the Middlefew short years after his appointment. Two of his children Temple. In truth it is of more moment to us than it everwere called Frank and Kate, and it is no accident that was to Dickens himself. If you read Claire Tomalin’stheir names were given to children in Nicholas Nickleby. brilliant book, and glance at the index, Middle TempleTalfourd himself is said to have been the model for does not merit a mention, nor does it get a mentionTommy Traddles in David Copperfield, a further generous even under the enormously long number of references tocompliment to this great friend. Dickens himself. So, we are not even a footnote.At that early time when Dickens joined the Inn, Talfourd And I have spent a lot of time talking about nothing of anywas campaigning for reforms to the law of copyright, and real importance to Dickens himself. But as I walk home, Ihe eventually was able to propose and carry legislation shall not only pass by the Fountain where Tom and Ruthwhich protected not only the writers themselves, but the organised their ‘accidental’ meetings, but I shall then gointerest of their widows and children. Talfourd also helped down a very few steps to my flat in Garden Court, that veryto overturn what we nowadays would regard as the same building where Pip was in Chambers. If nothing elseabsurdity that divorced women could not have custody that is a very pleasing and evocative thought.or indeed proper access to their children. I am greatly indebted to Lesley Whitelaw, the Archivist of the Middle Temple, for her considerable help in preparing this talk. This is the text of an after dinner talk given by Master Judge to the Pickwick Society.2018 Middle Templar 23

THE END OF THE FIRST WORLD WAR MASTER JOHN MITCHELLAbsent MembersThe Inn in the Great WarThe Great War came suddenly to the Temple when the long vacation of1914 was ended by a revolver shot a thousand miles away. Master John Mitchell was Called Not all of the eligible members of the Bar enlisted and to the Bar in 1972 and is a recently this understandably caused some resentment although retired circuit judge. He is also sometimes with little justification. the Chair of the Middle Temple Historical Society. Master Mitchell One member of the Inn who later gained high judicial was made a Bencher in 2012. rank remained unpopular because it was thought he had not served. In fact, he had enlisted in 1914 but wasAn article in the Templar unofficial newsletter for young discharged having been found to be unfit to serve. Themen who regularly attended the Temple Church although desire that members of the Bar who had enlisted at thenot members of either Inn, urged that ‘The present most critical moment of their professional career shouldbusiness of the nation, particularly of the young nation, not suffer also lay behind the decision of Lord Chancelloris elsewhere and all who can, should get about it at Buckmaster in December 1915 not to propose anyonce’. 16 of its members enlisted by Christmas as did new Silks until the end of the war.some members of the Middle Temple. At first there was an air of anticipation amongst theThe Inn’s records are incomplete but approximately volunteers. In 1915, a father informed the Under Treasurer202 of its members served during the next four years: that his son who had recently graduated from Cambridge116 students and 86 barristers. Strangely though, of the was now serving in a mine sweeping yacht. ‘I am writing114 students Called to the Bar in 1914, only 12 served. to tell you this in case in the excitement of his work heThe Under Treasurer had asked members to notify the has omitted to do so’. A member of the Temple UnionTreasury if they joined the forces and their replies from who had joined the London Scottish Regiment wrotechambers, army messes and seaside hotels have been from Rouen on 19 October 1914 with the news thatpreserved. Most joined regiments which are no longer ‘We are having such an interesting time out here but allin existence but a few joined the Navy or later transferred that news about us being in the firing line is not true’.to the Royal Flying Corps. Others worked in hospitals Inevitably things quickly changed. Two months later theand ambulance detachments. young man had been in battle and wrote: ‘I do hope by this time next year all this murder will have ceased.The Inn made up the difference between the service At the end of the fifth day there was hardly a tree leftpay of its employees and their ordinary salaries and standing owing to the enemy’s terrific shell fire andthe custom developed whereby barristers accepting of course our rifle fire’. On 14 October Lieutenant RSbriefs which but for war service would have been sent to Glyn of the East Kent Regiment, a student and the sonanother remitted the fee to the family of that barrister. of a Bencher was the first Middle Templar to be killed. Another three were to follow before the end of the year.24 2018 Middle Templar

In all, approximately 62 members of the Inn lost theirlives: 43 students and 19 barristers. This casualty rate of31% of those who served is much higher than the nationalrate of 12%. The deaths included six in the Dardanellescampaign and 13 at the Somme where three died on thefirst day. Six members of the church choir and a numberof employees of the Inn also died. Six Benchers lost sons.One death was particularly poignant. On 14 October1914 Master Erskine Pollock wrote to the Benchersexplaining he had ceased practice because of ill-healthbut wished to present some silver to commemorate fourgenerations of his family being members, the latest, hisyoungest son. Lieutenant FR Pollock was killed in Francein October. Master Scrutton too was devastated by theloss of one of his sons. His attendances at Parliamenthad previously been infrequent but after Hugh’s deathin 1916 he attended twice to argue strongly against thereinstatement of guest nights. In all, approximately 62 By 1917 people started to think about life after the War. members of the Inn lost Women had filled jobs hitherto the preserve of men and their lives: 43 students and a correspondent wrote in the Templar of bus conductors, 19 barristers.This casualty nurses and ‘red faced hardy looking window cleaners rate of 31% of those who who feel they have got their chance’. His prophecy that served is much higher than the traditional role of women would have to change was the national rate of 12%. challenged by another correspondent who wrote from France about the need to find employment for menAnti-German feeling was inevitable and when in 1916 when they returned and to protect the vitality of thecounsel were sought to defend Roger Casement on a mothers of the next generation. The debate was broughtcharge of high treason, the cab-rank was strangely empty. home to the Inn on 21 February 1918 when ParliamentIt is to the Inn’s credit that a member, Serjeant Sullivan, unanimously rejected Miss Helena Normanton’s petitionaccepted the brief. Master FE Smith, the Attorney- to be admitted as a student.General, tried to persuade Buckmaster to recommendhim for Silk but to no avail. However, the welcome In July 1918 Captain TW David of the Welsh RegimentSullivan received from the Inn contributed to his decision was the last member of the Inn to be killed but not theafter the War to practice at the English Bar. With the last Middle Templar. In the same month, Charles Huntsupport of Master Scrutton he was elected as a Bencher who in peacetime had been employed to look after thein 1925 and became Treasurer in 1944. Inn’s silver wrote to the Under Treasurer saying that ‘One must be thankful to be allowed to live in theseThe Inn was quick to protect its estate. By the first days’. Two months later his wife informed the Inn thatParliament of the Michaelmas Term 1914 the Hall, Screen, her Charlie had been wounded in France and wasBench Apartments and the Molyneux Globes had been missing. His death was later confirmed.insured against bomb damage and the Treasurer waslater granted the discretion to move the pictures to a Understandably the armistice which followed inplace of safety. A proposal in 1915 that a steel net should November was seen as the final whistle, whereas withbe placed over the roofs of Hall and the Temple Church hindsight it only marked half-time. Members returningwas however unsuccessful. In the event, war damage from service had to re-establish their practices or findwas minimal. In September 1917, an anti-aircraft shell other employment. Support would be needed for themissed Gotha bombers and fell through the roof of the families of deceased employees including the two sonsQueen’s Room without doing more than making a hole of Charles Hunt and help provided for students whoin the floor. More damage was caused on 18 December had lost their fathers. On Christmas Eve 1919 Helenawhen one bomb damaged the upper floors of 1 Hare Normanton would be admitted as a student and CalledCourt and a second, unexploded, bomb was found in in 1922. All this though lay in the future.Hare Court itself. On a happier note, the noise of militarytraining caused rooks to desert Gray’s Inn for a new home On Armistice Sunday 1918, the Temple Church wasin Fountain Court but hopes that the Inn’s ancient rookery so crowded that there was no echo in the round.would be re-established were not borne out. The National Anthem was followed by complete silence before the choir sang the anthem ‘Comfort ye’ with its words ‘Speak to Jerusalem of the peace that awaits and her warfare now is over’. I am grateful for the help Lesley Whitelaw, Renae Satterley and Master Eric Stockdale gave me in researching this article.2018 Middle Templar 25

THE INN’S SILVER VICTORIA PLATTSilver LiningBy the 1640s, Middle Temple had accumulated an impressive collection of silver, manypieces of which were donated by Masters of the Bench. Conventional historical wisdomregarding the loss of the silver has theorised that it was sold in 1649 to settle the debts ofthe Middle Temple that were accrued during the years of the English Civil War (1642-51)and caused by the loss in income to the Inn at this time. Victoria Platt joined the Archive A silver-gilt Ewer and Basin, 1618, the gift of Department in March 2017 after Viscount Rothermere in 1939 working for three and a half years List of silver plate of the Middle Temple, 1637-38 as an Archives Assistant at the (MT.2/TAS/1) V&A Museum’s Archive of Art and Design. Prior to this, she worked at Queen Mary, University of London Archives and the British Motor Museum Archives. She qualified to be an Archivist in 2016 when she was awarded her postgraduatequalification in Archives Administration from the University ofAberystwyth, after three years of self-study. In her spare timeshe enjoys living history, re-creating historical costume, andparticipating in Baroque and Renaissance dance.For many years it had been assumed that no recordsurvived of the sold silver. However, archival researchcan sometimes lead to the discovery of interesting andsignificant documents in the most unexpected places,and in this case has yielded the elusive list of the MiddleTemple’s original silver plate. In addition to this discovery,analysis of the accompanying documentation haschanged the narrative surrounding the necessity of thesale and provided insight into the perilous state of theSociety’s finances at the time.The newly discovered list of silver plate was found at theback of the summary of the Treasurer’s annual accountsfor 1637-38. It names items held by the Society before the1649 sale, and includes items such as spoons, ewers andbasins, bowls with and without covers, salts and a trenchersalt. It also records the donors of some of the items. Use of Robert Ashley’s legacy, in the summary of the Treasurer’s annual accounts, 1640-41 (MT.2/TAS/4)26 2018 Middle Templar

There are subsequent lists of silver plate in the accounts Due to the timing of the order, in the later years of theof the years immediately following, but these are less Civil War, it is easy to make the assumption that the debtcomprehensive in detail. They do, however, record a few was accrued due to the interruption of the Inn’s incomealterations to the original list that are worthy of note; in that occurred during this period. However, analysis1640-41 the total number of gilt bowls increased from of the summaries of the Treasurer’s annual accountsseven to eight, implying a donation or purchase at this demonstrate that the majority of the debt was incurredtime. A modern source names Sir Lawrence Hyde as the between 1638-40, prior to the commencement of thedonor of a gilt bowl and cover in 1639, although this has Civil War, and that, although additional debt accruednot, at the time of writing, been verified against original between 1641-46, this sum paled in comparison to thesources. In addition to this acquisition, in 1641-42 one of total debt that the Society had already accumulated.the great salts and the trencher salt were pawned. Thepawning of some of the silver during this time suggests The accounts show that by 1640 the Society hadthat there were financial problems at the Inn by 1642. accumulated a debt of over £1,889 to their ‘accountant’,The known details regarding the sale of the silver plate John Bayliffe. This sum was reduced through the use ofwere as follows – by November 1647 the Inn had accrued the £300 legacy left by Robert Ashley, which had beena large debt of £1,812 13s to John Bayliffe, Under intended for the employment of a librarian. Further debtTreasurer 1619-53/4, and that, by order of Parliament accumulated from 1641-46 due to a deficit in the Inn’son 1 June 1649, the silver plate of the house, more than finances. By Michaelmas 1647, interest owed to Bayliffefor ordinary use, was to be sold to pay part of the debt. had started to accumulate on the debt, which increasedDue to the timing of the order, in the later years of the the total to £1,812 13s.Civil War, it is easy to make the assumption that the debtwas accrued due to the interruption of the Inn’s income Looking further into the accounts, the reason for the highthat occurred during this period. However, analysis level of expenditure becomes obvious. At the time, theof the summaries of the Treasurer’s annual accounts Society was spending large sums of money on buildingdemonstrate that the majority of the debt was incurred materials and building work. The minutes of Parliamentbetween 1638-40, prior to the commencement of the from 27 October 1637 provide a reason for all of this work:Civil War, and that, although additional debt accruedbetween 1641-46, this sum paled in comparison to the Mr Treasurer, Messrs. Tanfeild, Thorpe, Francklyn,total debt that the Society had already accumulated. Whitaker, Conyers, Townesend, and Latham, or any threeThe known details regarding the sale of the silver plate of them, are appointed committees to consider of thewere as follows – by November 1647 the Inn had accrued old buildings and the ruins and danger thereof, betweena large debt of £1,812 13s to John Bayliffe, Under Pumpe Court, Elme Court, Vine Court, and MiddleTreasurer 1619-53/4, and that, by order of Parliament on Temple Lane, and of rebuilding them; also to treat with1 June 1649, the silver plate of the house, more than for the gentlemen chambered therein for moving their thingsordinary use, was to be sold to pay part of the debt. and bringing in money for the work, and to determine the sums to be paid. Portrait of Robert Ashley, 1641 The reason that the Inn accrued such a large debt was a large project to rebuild its old and ruinous buildings, the costs of which vastly overran. The minutes of Parliament from 16 October 1640 describe the location of the new buildings, which were situated ‘between Vine Court on the east, Little Court on the west and Figtree Court on the south’. The completion of the building project, despite the expense incurred, fixed only a proportion of the Inn that had been considered for rebuilding by the committee and many more structures were left to continue their descent into ruin. This is demonstrated in the minutes of Parliament dated 30 October 1646, where it is noted that ‘the ruinous chambers in this Temple Lane, part of which are fallen down, shall be viewed by the workmen of the House and the manner and cost of repairing them considered’. In addition to this great expense, there were works being completed on Temple Bridge, but the burden of these works were shared with the Inner Temple. Extracted from the ‘January 2018 Archive of the Month’ feature. This series of short articles explores key themes and events in the history of the Middle Temple. To see more please visit our website: www.middletemple.org.uk/library-archive/archive- information-access/archive-month2018 Middle Templar 27

HISTORICAL SOCIETYCalendar 2018-19The Middle Temple Historical Society meets at least four times a year in the BenchApartments for drinks, a supper and a talk on an historical topic, usually with alegal theme. Meetings are open to all members, staff, friends of the Inn and theirguests who are welcome to attend a meeting before becoming members.2018 2019Tuesday 30 October Tuesday 5 FebruarySt George in a Wig: The Life of Mr Justice McCardie Six Swans, One Stag and Three Kegs of Sturgeon: The 1619 Reading of James WhitelockeProfessor Lentin of Wolfson College Cambridge isthe biographer of Mr Justice McCardie who was Master Mitchell marks the 400th anniversary ofvariously described both as a ‘public nuisance of the James Whitelocke’s Reader’s Feast by talking aboutfirst magnitude’ and ‘one of the most interesting his life and the importance of readings in the reignmen on the Bench’. of James I.Please book by 26 October. Please book by 1 February.Wednesday 28 November Tuesday 12 MarchThe Sale of the Late King’s Goods: Fury Like So Many Vents of HellCharles I and his Art Collection Master Pat Edwards will describe how fires haveProfessor Brotton, Professor of Renaissance Studies threatened the Inn and its Hall over centuries.at Queen Mary, University of London, will tell thestory of how nearly 2,000 paintings, tapestries and Please book by 8 March.statues which formed Charles I’s art collection weresold during the Commonwealth.Please book by 26 November.Supper talks start with drinks in the Prince’s Room at 6:30pm. Tickets cost £30 or £15 for students of the Inn.Please note that meetings are not qualifying sessions. Bookings must be made at [email protected] a booking is made payment should be made by cheque payable to the Society and sent to theMiddle Temple Historical Society, c/o the Treasury, Middle Temple, London EC4Y 9BT.Membership costs £10 a year. Enquiries at [email protected] 2018 Middle Templar

BOOK REVIEW MASTER CHRISTOPHER ROSEThe Role of the Circuit Courts inthe Formation of United States Lawin the Early Republic by David LynchThis fascinating and erudite book is the post-retirement thesis for a PhD ofa former circuit judge who is a Bencher of Middle Temple. Master Christopher Rose was Called to the Bar in 1960 and took Silk in 1974. Bencher 1983. High Court Judge of the Queen’s Bench Division 1985. Presiding Judge of the Northern Circuit 1987-90. Lord Justice of Appeal 1992-2006. Chief Surveillance Commissioner 2006-15. He was Treasurer in 2002.At the beginning, the author sets out his purpose, There is another comparison to be made between thenamely, ‘to decide the extent to which the opinions mechanics of justice on each side of the Atlantic inof the Supreme Court Justices, presiding over circuit relation to judges’ lodgings. In England and Wales,courts, individually and collectively, shaped federal law these have been, and still are, an integral part of thein the period 1801-35, the term of Chief Justice John system, whereby judges share accommodation whileMarshall... at a time when the Supreme Court had very sitting on circuit but make their own independentlittle business’ and many thousands of cases were being arrangements while sitting in London. In the Uniteddecided by the lower federal courts. He examines States, at least during the 19th century, while sitting inthe judgments of four long serving associate justices the Supreme Court in Washington, the judges all livedof the Supreme Court (Washington, Livingston, Story together in the same house, without needing, as theyand Thompson) and the letters expressing opinions did on circuit, to resort to correspondence whenwhich passed between them, while presiding in federal formulating their opinions.circuit courts. Washington, Livingston and Thompsonall sat, at different periods, on the 2nd circuit (New The cross-pollination of ideas between judges sitting inYork, Connecticut and Vermont) and Story on the 1st ‘superior’ and ‘inferior’ courts was, as David Lynch shows,circuit (Massachusetts, Maine, Rhode Island and New at the heart of the development of legal principles duringHampshire). Washington for the most part sat on the Chief Justice Marshall’s term. Here it occurs not only in3rd circuit (New Jersey and Philadelphia) and Livingston criminal cases as I have described, but also during theand Thompson had sat earlier in the New York State obligatory training for judges provided by the JudicialSupreme Court. Their opinions were often derived from College in relation to all areas of law since 2011. SuchBlackstone’s Commentaries on the Laws of England, but training no doubt helps to limit those, happily very rare,were adapted to fit the social and economic needs of occasions when even the members of our highest courtthe new Republic. The author convincingly shows that, produce a surprising decision. For example, in 2005, inalthough a single opinion of the Supreme Court became AG for Jersey v Holley, a specially constituted Judicialthe norm under Marshall CJ, it is ‘a myth that Marshall Committee of the Privy Council consisting of nine Lawwas the court’. Lords clarified the law of provocation. None of the Board who subscribed to the majority opinion had summedThis structure for decision making is the opposite of up a murder case to an English jury. Parliament had tothe way in which, over a much greater time span, the legislate; see sections 54 and 55 of the Coroner’s andcommon law developed in England and Wales. From Justice Act 2009.the 12th century, HM Judges travelled from London tosit at the assizes in county towns, upholding the law by David Lynch’s book provides a classic illustration of the,spreading common principles from the centre to the generally sound, principle that travel broadens the mind.circuits. However, from the late 20th century, criminal I warmly recommend it.justice has benefited from some circuit judges sittingregularly in the Court of Appeal (Criminal Division);they have brought invaluable coal-face experience tothat court and, in turn, have taken back to the coal-faceknowledge and understanding of how the appealcourt fashions principles. 2018 Middle Templar 29

BOOK REVIEW LORD BRIGGSJustice:Continuity and Change by Lord Dyson Book Review by Lord Briggs I was both privileged and delighted to have been asked by Master John Dyson to say a few words at the launch of this book. The Right Honourable Lord Briggs of Westbourne is a Justice of the Supreme Court of the United Kingdom. He served earlier as a judge of the Court of Appeal of England and Wales.Privileged because I would have expected him to have Despite (or perhaps because of) being a man ofchosen from an eager queue of his real peers among extraordinary humility, he is a dominant figure amongthe senior judiciary, rather than dip down to his one-time our recent senior judiciary. Those few who, like me, havedeputy within civil justice and new boy at the Supreme been lucky enough to sit with him and those who haveCourt. Delighted because it has given me both the appeared in court before him and/or read his manyincentive and the opportunity to have a good, leisurely, influential judgments will all recognise in him a truepre-publication read of what is a truly excellent and master of the art of declaring and developing Englishdelightful work. law in the ever increasingly complicated environment in which it holds sway. From a professional commonThis is a veritable feast of John’s lectures, given mainly law background at the bar doing construction casesbetween 2010, when he was elevated to the then new John has branched out into public law and into theSupreme Court and 2016, when he retired as Master growing influence upon our law of EU and Human Rightsof the Rolls and Head of Civil Justice. The lectures are jurisprudence with the natural authority of someone whosandwiched between a very short autobiographical note makes it look easy (when it isn’t). His judgments display aand an Epilogue, in the form of a lecture which he gave calm, common-sensical objectivity which has never beenas recently as March 2017, entitled ‘Changes in the Law afflicted (as it has in some others) by excess enthusiasmin the Last 50 Years’ which serves as a summary of all the for the latest fashion in legal analysis, or other bees inmeat treats in the sandwich. So this is perhaps a rare the bonnet. These qualities shine out from this collectionoccasion when it wouldn’t be cheating to go straight to of lectures not least because, unlike some of those ofthe end, before reading everything in the middle. his equally hard-pressed colleagues, they really are his own work.Now you might be thinking that a collection ofmiscellaneous speeches and lectures about the law, from That is not to say that John’s approach to the legal issueshowever eminent a source, and however beautiful the of the day is mechanical, dry or completely withoutcover picture, could struggle for prominence among passion. On the contrary, read these lectures and you willthe Fire and Fury of recent publications to be avidly pick up, almost by osmosis, his quiet but persistent andread during the quiet, dark days of January, although heart-felt support for equality, for human rights, for thethere’s no risk of it being labelled (or libelled) fake news. rule of public law as a spur to good government, and forBut you’d be wrong, because it’s a compelling read for the preservation of access to justice for all during a timeanyone interested in, or concerned about, the rule of law of retrenchment in the provision of public funding.in this country, and the way in which it has developedduring John’s long career without ever losing those The second reason why this book is so good a read isbasic principles and attributes which make it admired, precisely because they are speeches or lectures, ratheremulated and chosen by people, governments and than mere writings. They were written to be spoken tobusiness concerns all over the world. As John himself put an audience, and they are all the more readable for that,it in a lecture to Edinburgh University in 2011: ‘Generally provided that you use your mind’s ear rather than justspeaking the golden thread that pervades throughout is your mind’s eye.the quest for fairness and justice. That is a constant’.There are a number of reasons why this book is a ‘mustread’. First and foremost, because it (or rather the contentof the lectures in it) comes from John.30 2018 Middle Templar

Sentences are kept short. Complex concepts are lucidly lesson in how to say something valuable about importantexplained in plain language. You don’t have to read the and controversial subjects while remaining true to yourfootnotes (still less the cited cases) to understand what judicial disciplines of independence and lack of pre-John is talking about. The content nowhere requires judgment. Bear in mind those constraints while you read,you to be a legal specialist, or even a lawyer at all, but and the underlying content will become even clearer andthe lawyers and the specialists will not go away half-fed. more persuasive.Better still each lecture and speech is complete in itself,and they are of widely differing length, from the ‘few And these speeches really do address the important,words’ spoken after dinner, through the keynote speech, controversial, issues of the day. Just scan through theto the full annual lecture. So you can pick and mix. There Contents section. They include the tension betweenis always a short item suitable for that fleeting gap in a affirming human rights and the protection of societybusy schedule, or a longer analysis of an important topic from terrorism, the difficult boundary between religioussuitable, say, for a long-distance train journey. So put a freedom and the rule of law, the contest between judicialhard copy by your bedside, and an electronic copy on review and the authority of elected government andyour iPad. I’m lucky enough to have been given both. (much beloved of lawyers) the endless friction, when interpreting statutes and contracts, between the meaningThe third reason (particularly to a serving judge like me) of words and what is sometimes called contextualism.is that all these lectures were given while John was a very Above all there is anxious analysis of procedure: how issenior judge, either in the Supreme Court or as Master of access to justice to be preserved in the face of reducedthe Rolls, rather than as reminiscences in semi-retirement. public funding and excessive cost in litigation.Being a judge (whose job it is to be independentof politics and to come to every new case without But it’s by no means all sturm and drang, or even allpreconceptions) imposes very real constraints upon law. There are lovely nuggets like John’s speech at thewhat you can say in a speech or a lecture. If you state a Runnymede celebration of Magna Carta in 2015, hisfirm view about a particular legal issue, you risk that very wonderful valedictory in Court 4 in July 2016 and hisissue coming before you for decision soon afterwards, speech to his old school at Leeds Town Hall in 2011.when the parties may think you have already nailed your All these give context to the heavier legal stuff, and acolours to the mast. These contributions are an object more rounded self-portrait of this remarkable man.In partnership with the Bar CouncilStand out from the crowd withthe new Official Bar DirectoryBuilt by barristers, for barristers, Juriosity gives you the tools to showcase yourexperience through a new online-only legal knowledge network and professionaldirectory. With daily uploads to the Knowledge Centre by leading barristers andchambers, Juriosity is changing how the legal community interacts and promotestheir expertise. Add your voice to the conversation today.Activate your free profile by visiting www.juriosity.com and post articles to thefree self-publishing platform to expand and maintain your online presence andboost your chances of gaining new clients and business.For more information contact [email protected] or call 020 3912 0618.2018 Middle Templar 31

AMITY VISIT TO WASHINGTON  MASTER JOHN DYSONAmity Visit toWashington DCSEPTEMBER 2017 Master John Dyson was Called to In the evening of the 13 September, we went to the the Bar in 1968 and took Silk in 1982. Supreme Court for the Calling to the Bench of Justice Bencher in 1990. High Court Judge Neil Gorsuch, Associate Justice of the Supreme Court of the Queen’s Bench Division 1993. of the United States. Before the official part of the Presiding Judge of the Technology occasion, I was escorted into the splendid Chambers and Construction Court 1998-2001. of John G Roberts Jr, the Chief Justice of the United Lord Justice of Appeal 2001-10. States (one of our Honorary Benchers). There I met Justice of the Supreme Court 2010-12. Justice Gorsuch for the first time. I was immediately Master of the Rolls 2012-16. He was struck by his warmth, informality and friendliness. This Treasurer in 2017 and has returned to may be something of a surprise to those who focus only 39 Essex Chambers to practise as an on the rather austere conservatism of his jurisprudence. arbitrator and mediator. The three of us were then escorted into the magnificentThis was the largest ever Middle Temple Amity Visit. courtroom where our group and others were alreadyThe party comprised 69 members of the Inn and 27 assembled. Short speeches of welcome were made bypartners and friends. It took a great deal of planning the Chief Justice and myself. Justice Gorsuch was thenduring the months preceding the start of the visit and Called to the Bench by Master Maura McGowan. After ameticulous organisation throughout its duration. It was gracious and amusing response by Justice Gorsuch, webrilliant in conception and execution. I wish to pay moved to the East and West Conference Rooms for atribute in particular to Colin Davidson and Oliver Muncey reception and then went into the Hall for dinner.for all that they did to make the visit the huge successthat it undoubtedly was. Their attention to detail was On the 14 September and 15 September, we had two fulltruly remarkable. days of discussions with American counterparts at the US Institute of Peace, a splendid modern conference venue.Many of the participants stayed in the famous Watergate The topics on the first day were Human Rights in the AgeHotel. A small number of us were lucky enough to stay of Terrorism (UK moderator Master Chantal-Aimeemost nights at the British Embassy. Doerries, UK speaker Master Neil Garnham, UK Panellists Master Judith Farbey and Master McGowan); RestrictionsOn 12 September, a number of us had a tour of the White on Media Communications in the Interests of Truth orHouse followed by a two hour White House Mess Lunch Privacy (UK moderator Master Christopher Clarke, UKwith Don McGahn, White House Counsel and Assistant to speaker Adam Speker, UK panellists Master AnthonyPresident Trump. Mr McGahn was charming, chatty, Smith and John Stables); and Attorney-Client Privilegeinformative and reasonably discreet about the President. (UK speaker Master Robert-Jan Temmink, UK panellistsIn the evening, there was an informal welcome reception Master Stephen Stewart and Master George Leggatt).on the roof terrace of the Watergate Hotel. Masters: Gorsuch, Dyson and Roberts and Guy Perricone32 2018 Middle Templar

There I met Justice Gorsuchfor the first time. I wasimmediately struck byhis warmth, informalityand friendliness.At the end of the first day of the conference, we were The UK moot concerned a claim of unlawful discriminationtreated to a magnificent reception at the British Embassy on the grounds of sexual orientation and the relationshipgenerously hosted by the UK Ambassador, Sir Kim between articles 9 and 10 of the European Convention onDarroch. Sir Kim had spent the day visiting Florida Human Rights. This was argued by Master Gerardfollowing the recent floods. But he was back in time McDermott, Master Alistair Webster, Anna Brailsford, andfor our reception and made a warm and witty speech. Michael Harwood before a measured and less talkativeOther guests included many of the great and good of court comprising Master Anthony Clarke, Masterthe political and legal world of Washington. Christopher Clarke and Master David Bean. Many (including myself) thought that the idea of a comparativeThe topics on the second day were International and moot was excellent, but that it would have been better ifComparative Law as an Appropriate Topic for Courts the moot problem had been the same for the mooters(UK speaker Master Jonathan Mance, UK panellists and judges of the two jurisdictions.Master Fergus Randolph and Master Jeffrey Golden); andClimate Change and the Law (UK moderator Master The visit concluded on the Friday evening with aEdward Faulks and UK speaker Master Robert Carnwath). reception hosted by Nelson Mullins Scarborough & Riley LLP for which particular thanks are due to Master WilliamThe US moderators, speakers and panellists were an Hubbard. It was held on the roof terrace of their officeextraordinarily distinguished group of lawyers and which has an uninterrupted view across to Capitol Hill.academics. They contributed to lively and stimulating The weather was glorious. It was a fitting end to adiscussions on each of the topics as did all of our wonderful visit.participants. I have not named the US participantssimply because they will not be known to the readers The Inn does not have strong links with Washington.of The Middle Templar. So why was the visit such a success? In part, undoubtedly, because Washington is a great place to visit. TheThe two day conference concluded with a Comparative museums and art galleries are extraordinary. But thereMoot in the wonderful court room of the US Court of was far more to it than that. From my conversations withAppeals for the Federal Circuit. The US moot concerned the judges of the US Supreme Court, with the US lawyersan appeal on a rather esoteric point of US insolvency law. and academics who took part in the two day conference,It was argued by experienced US lawyers before three with the guests at the Embassy reception and evenvery garrulous US Appeal Court judges. with Don McGahn, I formed the strong impression that, despite our loss of influence in the world in recent decades, there is still huge respect and admiration in the US for our legal system and those who practise in it. And the brilliance of many of the contributions from the US participants cannot have failed to impress our team. I believe that the quality of the discussions that we had during the two day conference will have reinforced the bonds between the lawyers of our two countries. We need to build on the foundations that I believe we laid in Washington. I hope Amity Visits to the US will become more common than they have been in the past. I know that there are those who question the value of such visits and say that we should concentrate on visits to jurisdictions where we have most of our overseas members. I believe that there is room for visits to both. I was proud to have led this Amity Visit. It was above all a very happy visit. It was particularly gratifying to me that a number of young members of the Inn were able to come. It is crucial to the well-being of the Inn that the young are made welcome. After all, its future prosperity lies in their hands.2018 Middle Templar 33

AMITY VISIT TO WASHINGTON: ANOTHER PERSPECTIVE  ANNA BRAILSFORD & MICHAEL HARWOODAmity Visit toWashington DCIn September 2017, Middle Temple’s annual Amity was held in Washington D.C. The trip offereda unique opportunity to exchange ideas, strengthen existing relationships and forge excitingnew acquaintances with lawyers and judges across the US capital. Anna Brailsford was the President of The visit culminated in a comparative moot at the US the MTSA in 2016-17. She received Court of Appeal for the Federal Circuit; designed to an MA and MSc from Edinburgh showcase and contrast different styles of advocacy University. She then went on to study in each jurisdiction. Both the UK and US delegations the GDL and BPTC at BPP Law presented moots featuring two teams and a panel of School, before being awarded the esteemed judges from the respective jurisdictions. Lord Diplock Scholarship by Middle Temple. Anna currently works Moot at the US Court of Appeal in the EdTech industry. for the Federal Circuit Michael Harwood was Called to the The UK moot problem was very closely based on the Bar by the Inn in 2012 and is the ‘Asher’s Bakery’ case. It concerned the refusal by a current President of MTYBA. Michael printing shop to print t-shirts for a customer with a slogan is a barrister practising in public law promoting gay marriage due to the printer’s religious and has undertaken several roles beliefs. The Appellants sought to argue that to compel as a legal adviser to government. the printers to make the t-shirts infringed their Article 9 Michael is committed to representing and 10 ECHR rights, whilst the Respondents sought to the interests of all the Inn’s junior uphold the judgment below that the refusal represented members, with a particular focus unlawful discrimination. on promoting positive mental health and wellbeing. Masters Gerard McDermott and Alistair Webster led the respective teams, with Michael Harwood andThe delegation had the pleasure of staying in the Anna Brailsford as juniors. Masters Anthony Clarke,illustrious Watergate Hotel, known for the downfall of David Bean, and Christopher Clarke sat in judgment.Nixon and spectacular rooftop bar. The programmecommenced with an invitation to the Supreme Court. The US team sought to replicate the case of ‘Jevic’The occasion marked the Call to the Bench of Justice that had recently been argued before the US SupremeNeil Gorsuch, an Associate Justice of the Supreme Court. It concerned the application of the ‘AbsoluteCourt. The evening concluded with dinner in the hall, Priority Rule’ to provisions of the US Bankruptcy Code,a truly special environment, which was rich in both specifically, in circumstances where settlement withhistory, speeches and conversation. certain lower priority creditors as part of a ‘structured dismissal’ failed to follow the correct order for distributionThe conference programme was peppered with a lively of assets under the priority rule.series of talks and debates at the US Institute of Peace.The delegation considered challenging and topical Danielle Spinelli reprised her role as counsel forlegal questions across both jurisdictions. Following the Petitioners and Christopher Landau for the Respondents.conference, Middle Templars were treated to a reception Both are highly experienced advocates at Appellateat the British Embassy, warmly hosted by Ambassador and Supreme Court level. Judging them were JudgesSir Kim Darroch. Thomas L. Ambro, Cheryl A. Krause and Sri Srinivasan of the US Court of Appeals.34 2018 Middle Templar

THE IMPORTANCE OF JUDICIAL INDEPENDENCE MASTER JOHN DYSONNewYork BarLord Denning said that Magna Carta was the greatest constitutional documentof all time, the foundation of the freedom of the individual against the arbitraryauthority of the despot. With those words ringing in our ears, it gives me greatpleasure to invite the Prime Minister [David Cameron] to speak. Master John Dyson was Called to There was much discussion about the ‘enemies of the the Bar in 1968 and took Silk in 1982. people’ media attack on the English Divisional Court Bencher in 1990. High Court Judge judges who decided the Miller case. We agreed that of the Queen’s Bench Division 1993. judges can help themselves to some extent by explaining Presiding Judge of the Technology their decisions clearly and cogently. Justice Breyer said: and Construction Court 1998-2001. ‘explain, explain, and explain’. But I pointed out that the Lord Justice of Appeal 2001-10. judges in the Miller case could not have explained more Justice of the Supreme Court 2010-12. clearly that they were deciding a point of law and were Master of the Rolls 2012-16. He was not expressing a view about the merits of Brexit. A strong Treasurer in 2017 and has returned to Lord Chancellor would have criticised those in the media 39 Essex Chambers to practise as an who were responsible for this ignorant and unfair attack. arbitrator and mediator. Sadly, that did not happen. Sometimes judges have to take unfair criticism on the chin and simply get onThat is how I concluded my three-minute speech on with the job.15 June 2015 at Runnymede at an event to mark the800th anniversary of the sealing of Magna Carta. And that We agreed that it is important to pay judges enough tois how I started my presentation at a symposium in which minimise the risk of their accepting bribes. That risk isI had been invited to participate on the Importance of not present in the UK; but it certainly is in many partsJudicial Independence to the Rule of Law which was of the world.held in New York on 14 June 2018 and was organisedjointly by the Bingham Centre for the Rule of Law and We also agreed that security of tenure for judges isthe New York City Bar. The other speakers were Stephen important and that the grounds on which a judge mayBreyer, Associate Justice of the US Supreme Court, and be dismissed or compulsorily retired should be tightlyBeverley McLachlin, recently retired Chief Justice of defined. There needs to be a suitable process forCanada. We each made a 15 minute presentation. These disciplining and removing judges for misconduct inwere followed by a discussion moderated by Master which the Executive has little or no part to play.Murray Hunt, the Director of the Bingham Centre. The greatest material difference between our threeThe symposium was particularly timely in view of the systems is in relation to judicial appointments.rise of nationalist populism in the West, the attempts Unfortunately, we had insufficient time to debate theto create illiberal democracies in Central and Eastern advantages and disadvantages of the approachesEurope and the cementing of autocratic regimes in adopted in our respective countries. I said that themany parts of the world, all of which present real traditional ‘tap on the shoulder’ was unacceptable andchallenges to the Rule of Law. that, although our current system could be improved, it was broadly along the right lines. I did not favourThe importance of the role of an independent judiciary confirmation hearings or any political involvement in thein maintaining the Rule of Law is self-evident and was panels that make recommendations for appointment.not in issue in our discussions. The main focus of thedebate was on the mechanisms necessary to promote The symposium took place in a splendid court-like roomand safeguard the independence of the judiciary. at the City Bar premises in 44th Street and we stayed inThere was much common ground between us. the magnificent Harvard Club which is directly opposite.Fair criticism of judicial decisions is not only I felt hugely privileged to take part in what was anacceptable; it is also desirable in a society which altogether most enjoyable experience.cherishes free speech. But we agreed thatunfair personal attacks on judges should notbe tolerated, since it undermines them in theeyes of members of society and thereforeconstitutes a threat to their independence.2018 Middle Templar 35

TEMPLE CHURCH CHOIR  ROGER SAYERThe Running of aWorld-Class Choirfor the Temple ChurchMusically on a par with the choirs of England’s cathedrals and Oxbridge chapels,the Choir of the Temple Church is a very different animal. Roger Sayer has been the Organist A further advantage to attending CLS is that it is just a and Director of Music at the Temple 15 minute walk away along the Thames. There is no Church since October 2013. He was onus on choristers to go there though; indeed, if a boy previously Organist and Director attends a state school, all his scholarship money is paid of Music at Rochester Cathedral. into a bank account for him to draw on when he heads Between 1980-84 he was an organ off to university. student at st. Paul’s Cathedral and was appointed organist of Woodford Interest in choristerships continues to be healthy, and Parish Church in 1981. Roger’s last year advertising proved unnecessary. Following a most well-known recording to date successful voice trial, boys join aged seven or eight, is as organist on Hans Zimmer’s though they can audition as early as they like. The soundtrack for Christopher Nolan’s probationary period lasts 18 months. That lengthy 2014 film Interstellar. probation also means that if any are unsuited to life as a chorister, or if their parents find that the support theyWith no residential choir school, there is a different need to provide just isn’t practicable, that emergesrhythm to its liturgical week – an imposed structure of sooner rather than later; it is a major commitment.short after-school rehearsals which are the pulse of this When we audition the boys, we are really auditioningchoral foundation. It is a pattern which brings virtue out the parents at the same time. Missing a rehearsalof necessity and presents rewards as well as challenges. here is a big issue.In 2013 (following 23 years and three successive posts atRochester Cathedral) I stepped quietly into the resting Choristers sing at Choral Mattins each Sunday morningplace of the Knights Templar, took in the spacious church in term time. But to assume that this is all that they doand newly refurbished four-manual Harrison organ, and would be misleading. The Temple Church Choir exists tobecame Director of Music here. What sets the musical serve the Inns of Court and there are regular memorialregime apart from collegiate institutions? services for past members (around 12 a year). There is also a Choral Evensong on Wednesdays. The boys singThe big difference is that the boys come from all over at this on a number of key days in the liturgical calendar:London, there’s no one school that we collaborate with, Candlemas, Ash Wednesday, Ascension Day, the feaststhough we do work closely with the (neighbouring) City of of St Luke and St Peter, plus Christmas carol services.London School for Boys (CLS). An aspiration of the boys Other Wednesday evensongs and Holy Week and Easterwho come here is that they will get a place there aided liturgies are shared with the Temple Singers – the regularby a financial scholarship from the Temple Church, choirmen plus professional sopranos singing the top line.with the support of Middle and Inner Temple, which has Concerts form a regular focus for the choir with at leastto be spent on education. The scholarship is generous: two performances a year, sometimes recorded, eitherequivalent to two thirds of the fees at the CLS. at the Temple Church or at other venues such as St John’s Smith Square.36 2018 Middle Templar

This regime is supported by four weekly rehearsals on Here I can keep the boys singing as long as I want untilMonday, Wednesday, Thursday and Friday from 4:25pm vocally the time is right for them to stop; and theirto 5:15pm. Pre-probationers attend two of these and, at scholarships will continue until then.the same time, receive musical tuition from the AssistantDirector of Music, Greg Morris, and from current Organ Building the esprit de corps among the choristers wasScholar, Rosie Vinter. After some time they become full one of my primary aims. We have arranged a trainingprobationers, attending all four rehearsals and sitting weekend at Felden Lodge (a conference centre andin choir in a cassock. After around 18 months, they are HQ of the Boys’ Brigade in Hemel Hempstead). It isadmitted to a full choristership and are put ‘on contract’, residential, there is no performance, but we learn andand start to receive their scholarship money. Fifty minutes have fun. There are team building games; we work onof rehearsal time four times a week isn’t much in reality, singing, technique, repertoire, acting...performance-I admit; my [Cathedral] colleagues would think this is a related training. It’s good for boys who have not beencomplete dream of a job with just one service a week away from home before as preparation for going on– but it’s really not! It isn’t long to achieve the standard a choir tour.that we aspire to. That includes theory and vocal training,learning new pieces and keeping the repertoire up. Overseas tours are now part of our ambitions. In 2016 we took just the boys of the choir, promoting them as anWhen I was at Rochester, the 8:00am rehearsal meant the entity. It was a challenge to take them to Australia andboys were fresh and without the baggage of the school Singapore without the ‘jet engines’ that the power andday. At the Temple, they arrive tired – frazzled from skill of the men provide, especially if the boys are tired.travelling on the tube to get here in a hurry – so in the The boys had to take responsibility for all the repertoire,first five minutes I aim to steer them into a frame of mind often in three or four parts, with the dangers of jet lagready for 20 minutes of really focussed rehearsal... by affecting voices. It was a great success. We reached outwhich time they are all whacked and can’t wait to to other choirs and connected with local communities.go home! It’s amazing what we do manage based on In October 2018 the boys will tour Washington singingthose challenges. at the library of Congress and St Thomas Church, Fifth Avenue, New York. I don’t think I have found any boy resenting the Recording is important as well – for the choir it is an commitment of belonging opportunity to finesse their repertoire and it is a calling to this choir, whereas I had card and ‘window‘ into the quality and excellence of the seen that occasionally in Inns. A survey of the liturgical year for treble voices, and a boarding environment. including the Poulenc Quatre Motets with men’s voices, is due out in September. I found his inspiration in theA choristership at the Temple Church offers a different approach of the late Allan Wicks who was Organist atexperience to those at St Paul’s Cathedral or Westminster Canterbury Cathedral. In their recordings, despite someAbbey. There is no boarding, and I think that this is technical infelicities, the innate musicality that Wicksattractive to many parents today. I also try to keep conjures from the boys’ ensemble is extraordinary.Saturdays free so the boys can enjoy other hobbies and When we recently recorded the Purcell anthem Eveningactivities. The big question is ‘Does it take longer to Hymn with the six senior boys here, I felt that webuild rapport and a sense of teamwork than in a more achieved that too.cloistered environment?’ We recently started a youth choir and piloted a concertYes, it does take longer and, for me, it is the heartbeat of to include girls from City of London School for Girls.the choir to build a team. Because they don’t board, the Instilling in children a love of music and excellence isboys are freer to do other things; some attend the junior what gives me inspiration to carry on.department of the Royal Academy of Music and work attheir instruments. They tend to be more energised; theyare quite extrovert; they look forward to coming hereand seeing their friends. Honestly, I don’t think I havefound any boy resenting the commitment of belongingto this choir, whereas I had seen that occasionally in aboarding environment.A clear advantage for the Temple and choristers alike isthe flexibility offered for the length of tenure boys canexpect. At Westminster Abbey, for instance, boys willleave aged 13 often with the very best year of their voicesstill to come, and then Harrow or Eton will reap the benefitof all that training as they sing treble for another year.2018 Middle Templar 37

NORTHERN AND NORTH EASTERN CIRCUIT SOCIETIES MASTER DAVID LYNCHMiddle TempleNorthern and NorthEastern Circuit SocietyThe Middle Temple Societies of Liverpool and Manchesterwere formed many years ago; long before I becamesecretary to the Liverpool body in 1969. Master David Lynch was called in The wish of the Inn to strengthen its links with the 1968 and practised on the Northern circuits has been reinforced in recent years by the Circuit until his appointment as a welcome visits of successive Master Treasurers: Igor Circuit Judge in 1990. He retired Judge, Stephen Hockman, and Christopher Clarke. in 2005 having spent many years on Therefore, a decision was made in 2016 that the the Mental Health Review Tribunal Inn’s presence on Circuit would be enhanced if the and as Liaison Judge to St. Helens Manchester and Liverpool Societies were to be replaced Magistrates and Liverpool John by a circuit-wide group to more actively promote the Moores University. He is an Honorary Inn to the 350 Middle Templars elected to the Northern Fellow and Visiting Research Fellow Circuit. Thus the Middle Temple Northern Circuit of LJMU, having completed a Society was formed at a meeting in Manchester in PhD there in 2015. He became a June 2017 with the following office holders: Bencher in 2016. PresidentMaham Qureshi, Emma Hughes, Indunee Seneviratne Master Christopher Roseand Aimee Stokes Chairman Master David Stockdale Treasurer Simon Rowbotham Secretary Rebecca Jones Committee Master Jane Cross Tim Storrie Co-opted Master Anthony Russell Master David Lynch Inn Staff Member Colin Davidson Director of Membership & Development The Chairman considered it essential that if the newly-formed Society was to prosper there should be at least one Middle Temple representative in each of the 22 sets of chambers on Circuit to encourage tenants and pupils to attend as many of the Inn’s social and educational activities on circuit and in London as possible.38 2018 Middle Templar

This has been done and those representatives are Middle Templeinvited to receptions coinciding with committee Northern & North Easternmeetings, to be updated on proposed events andto provide feedback from members and suggestions Circuit Dinner 2018for future activities. Saturday 24 November 2018It was also decided to invite distinguished localpeople to become honorary members of the Society The Lowry Hotel, Manchesterto promote the Inn beyond the legal profession. 18:30 for 19:30A start was made with David Cam, the Under Sheriffof the County Palatine of Lancaster, and Professor Registration and tickets via Middle Temple(now Master) Nigel Weatherill, the Vice-Chancellor of website www.middletemple.org.ukLiverpool John Moores University. There will be others. For Middle Temple Students andSince the Old Northern Circuit divided in 1876, the Transferring Lawyers this event countsNorthern & North Eastern Circuits have maintained as one Qualifying Session.strong professional and social links. The North EasternCircuit celebrated its 140th ‘birthday’ at Grand Court in We have reserved rooms at theLeeds in 2016 and kindly invited the Leader, Junior, and Manchester Marriot, Victoria andRemembrancer of the Northern Circuit to that importantanniversary. It is pleasing to record that the presence Albert Hotel, at £159.of the Inn has been further strengthened in the North Please call 0161 838 4111 andby the formation in November 2017 of the MiddleTemple North Eastern Circuit Society supported by book by 12 October.the following officers: For further information pleasePresident contact James Rogerson atMaster John Dyson [email protected] or on 020 7427 6388Master Richard Wright Dress code: Black tieTreasurer Master Jane Cross and Frank Facio-BeanlandCharlotte Worsley “It was also decided toCommittee invite distinguished localMaster Jackie Davies people to become honoraryMaster Kama Melly members of the Society toHelen Chapman promote the Inn beyondGeorgina Nolan the legal profession.”Inn Staff MemberColin DavidsonDirector of Membership & DevelopmentA joint Middle Temple Northern & North Eastern Circuitdinner was held in Manchester in 2016 attended byMaster Treasurer, Christopher Clarke. In 2017 MasterTreasurer, John Dyson returned to his roots withLady Dyson for another joint dinner in Leeds. Presentwere 139 members and guests of both circuits includingMaster Christopher Rose, 11 Northern Benchers and,crucially for the future of the Inn, 30 students. Lest itbe thought it is to be all wining and dining, educationwill have its part to play as it did before the meal whenMaster Gilbart gave a talk to the students followed by aquestion and answer session on the do’s and don’ts ofadvocacy from the points of view of barrister and judge.There is much to be done but a good start has beendue, in no small part, to the enthusiastic and substantialcontribution of the Inn’s Director of Membership &Development, Colin Davidson, whose attendance onCircuit at all committee meetings and social events hasbeen much appreciated.2018 Middle Templar 39

INTERNATIONAL WOMEN’S DAY (WITLUK) SALLY PENNIManchester:International Women’s Day 2018The first female president of the Supreme Court was invited as Women in the LawUK’s (WITLUK) guest speaker at its Annual Dinner in Manchester on 8 March 2018.Sally Penni was Called to the Barin 2000 by Gray’s Inn. She practisesin crime, regulatory crime andemployment law. She is a contributorto Cyber Security (published byBloomsbury) and is a member of theCBA’s Social Mobility Committee aswell as Vice-Chair of the Associationof Women Barristers.Baroness Hale, a former lecturer at the University of Lisa Roberts QC of Lincoln House, Sally Penni (founder)Manchester, and a Northern Circuiteer gave the keynote and Baroness Hale former Treasurer of Gray’s Innspeech at this celebratory event which coincided withthe centenary of women receiving the right to vote; Past speakers at the event have included Lordand celebrated International Women’s Day. She spoke Neuberger, Lady Justice Hallett and Dame Laura Cox.about some of the less well-known suffragettes and thedifference they made. Fundraising took place for several charities, including:Middle Temple and Gray’s Inn supported this event. the Royal Manchester Children’s Hospital for theirMiddle Temple was keen to assist given the Inn’s support in the aftermath of the Manchester Bombings,connections with the Northern Circuit. Guests included: Prevent Breast Cancer (based at WythenshaweThe Hon Recorder of Manchester (Master) David Hospital), and Reign, a charity preventing child sexualStockdale QC, HHJ Elizabeth Nicholls, Deputy Sheriff exploitation through the training of police officers andEdith Conn JP OBE, Nigel Poole QC, Winston Hunter other organisations.QC and the Hon Mr Justice (Master) Anthony Hayden.A wide range of WITLUK ambassadors as well as Next year’s dinner will be a very special event tomembers of chambers and firms were in attendance. celebrate 100 years since women were given the legalThis event was one of the highlights of the legal right to practice law through the Sex Disqualificationcalendar in Manchester. (Removal) Act 1919. Baroness Hale and Sally Penni WITLUK activities continue apace with monthly professional development events which have a special emphasis on wellbeing. WITLUK aim to increase diversity, social mobility and representation from BAME in the legal profession. Our mantra is collaboration with other organisations – not competition. Inclusivity not Exclusivity. All are welcome to our events. Bookings are now open via Eventbrite for 14 March 2019 for what promises to be another exceptional evening.40 2018 Middle Templar

KARAOKE NIGHT: 7 NOVEMBER 2017 MASTER JESSICA LEEKaraoke NightNever an Inn to shy away from being imaginative and introducing new ideas, therewas another ‘first’ at Middle Temple, in recent months. On Tuesday 7 November 2017was the inaugural Middle Temple Karaoke Night. Master Jessica Lee was Called to It was an excellent start and broke the ice. Before long, the Bar in 2000. She practises those present who were previously hesitant in browsing family law and served on the Hall through the song lists simply couldn’t put them down! Committee 2016-18. She is an There was soon a queue to volunteer and to participate. advocacy trainer and was a Member The event unearthed previously unknown musical of Parliament 2010-15 and served talent and a range of solos, duets and group as Parliamentary Private Secretary to contributions followed. the then Attorney-General, Dominic Grieve QC MP. She was made a The Hall reverberated to the music of Frank Sinatra to Bencher in 2018. Elton John, to the Spice Girls. There was encouragement for all the singers and plenty of contributions, cheeringOur then Treasurer, John Dyson, did so much for the and dancing from the floor mid-performance. ThereInn in the course of the year, but the introduction of his was certainly something for everyone! There was someidea to host an inaugural Karaoke night was inspired, previously unknown singing talent, many of whom, Iand this offered a new and different event for all hope will return later this year.members of the Inn.The atmosphere in the Hall, on arrival, was a mixture Quite how I had agreed, at an earlier advocacy teachingof conviviality and nervous laughter. The song books session, with Master Richard Wilmot-Smith, our currentwere placed around the Hall for would-be participants Treasurer, to inflict on the crowd a rendition of Sonny andto browse and make their choice. The attendees ranged Cher’s I Got You Babe is slightly beyond me. However,from students, staff, friends, Masters of the Bench and a promise is a promise, and it was all in a good cause.members of Hall. There were experienced singers, semi- We certainly gave it our best shot! Notwithstanding myprofessional and those of us very much in the amateur out of tune efforts, we certainly gave it some welly and,bracket. Such is the joy and inclusivity of karaoke. complete with tie-round-head Sonny impression, MasterThe proceedings began, as is appropriate, with Master Treasurer was a crowd pleaser! Further contributionsDyson. By skilfully selecting Hey Jude by The Beatles ensued, with a very accomplished performance ofas the first tune, this particular master (Treasurer) stroke American Pie, plus the Rolling Stones, amongst otherscreated the inclusive appeal to all. It wasn’t long before ricocheted around the Hall.the Hall was reverberating with choruses of ‘Nah nahnah, nah nah nah nah, nah nah nah nah, Hey Jude!’ I will confess to joining Master Louise McCullough, Juliette Levy (Chair of the Hall Committee) and Master Juliette Levy, Masters Louise McCullough, Zoe O’Sullivan for an Abba classic. Fortunately, for Jessica Lee and Zoe O’Sullivan readers of The Middle Templar, (and only speaking of my own contribution), the magazine has no audio option. I promise to have singing lessons by November. Many thanks to the organisers who hosted such a professional event. There was also delicious food and drink to help us along. The evening was a triumph, and, it is hoped by many, to be repeated. The event was able to combine a lecture and qualifying session beforehand, with the Inn was incorporating an educational element to the evening, pre-singing. The evening also brought new faces to the Hall, whom I hope will return, regularly. Further, all contributions to the evening went to the important Middle Temple Scholarship Fund. A combination of an educational element, a new style of event and a valuable contribution to scholarships, all achieved in one evening. Karaoke Night will be held on Thursday 8 November 2018. To book please visit our website www.middletemple.org.uk 2018 Middle Templar 41

CHILDREN’S CONCERT: 19 NOVEMBER 2017 NIKOLAS CLARKE & MASTER STANLEY BURNTONChildren’s ConcertAs the conductor, I cannot offer an impartial view on the quality ofthe orchestra’s playing (it was good), but as a member of another InnI can congratulate Middle Temple for fostering such an open andwelcoming environment for children to enjoy music. Nikolas Clarke studied music at the The risk is that music as an expression of emotion, or University of East Anglia as a pianist even just for its own sake, is lost. Bernstein said, ‘Music, of and conductor, studying conducting all the arts, stands in a special region, unlit by any star but with Julian Webb, Peter Aston and its own, and utterly without meaning…except its own’. Sharon Choa before coming to the Bar. He undertook the Association My purpose then in putting on these concerts is to of British Choral Directors Advanced give exposure to the repertoire, to normalise concert- Conducting Course in 2016-17 led going and, hopefully, to inspire children (and maybe by Neil Ferris and Peter Broadbent, some of the adults too) to make music. with masterclasses with Sarah Tenant Flowers and Patrick Russill. He has Our concert was again narrated by Sir Richard Stilgoe,an LRSM in choral direction and founded the St Genesius Choir songwriter, lyricist and musician. He brilliantly capturedwith another barrister, Pippa Alderson, in 2008. He is a barrister at the children’s attention by setting Mozart’s theme to theField Court Chambers. words ‘I wrote this song for my little sister’, and making them sing it until they got it right. Mozart had indeed Master Stanley Burnton was Called written his Concerto for Two Pianos in E-flat major, K365 to the Bar in 1966 and took Silk 1982. for his sister Maria Anna, who he called Nannerl, in about He was appointed to the Court of 1779. Ian Wilson QC and Paul Wee played, beautifully, Appeal in 2008 and retired in 2012. the first movement of the concerto on two lovely On his retirement he returned to his Steinway pianos. former chambers, One Essex Court, to practise as an arbitrator. In 2015 he Haydn’s Farewell Symphony, No. 45 in F-sharp minor was was appointed as the Interception written in 1772. At that time Haydn was resident with his of Communications Commissioner. patron Nikolaus Esterházy, along with the orchestra, in He is chairman of the British and Irish the summer palace at Esterháza in Hungary. The stay had Legal Information Institute (BAILII). been longer than expected and the players were anxiousHe is also the President of the Slynn Foundation, and a trustee of to return to their families in Eisenstadt.the British Institute of International and Comparative Law. MasterBurnton is an Honorary Fellow of St Edmund Hall, Oxford, anda Visiting Professor of Queen Mary College, London. He waselected as a Bencher in 1991 and was Treasurer in 2010. Classical music has become a restricted art form. The formality of the concert hall, with performers in evening dress, conventions on when you should or should not applaud and eye-watering ticket prices have played a part. As have the ideas that you cannot appreciate classical music unless you ‘understand it’ (whatever that might mean) and that if it is popular it is not good (Schoenberg said, ‘if it is art, it is not for all, and if it is for all, it is not art’). At the same time, the digital revolution has made accessible thousands of performances of classical works. Many are seemingly perfect, and most are made with the benefit of studio recording technology with performers playing for the microphone and taking advantage of the incredible technology that allows for multiple takes and cutting and splicing without scissors or glue. The prospective modern concert-goer is therefore, on the one hand, wary of failing to understand or appreciate the music; intimidated by the environment and, on the other, expecting a note-perfect performance.42 2018 Middle Templar

Rather than making a direct appeal, Haydn, in the finale 43of the symphony, gradually reduced the orchestra, oneplayer at a time, each of them snuffing out their candle asthey left the stage, until only two violins (Haydn and LuigiTomasini) remained. It must have worked, since the courtreturned to Eisenstadt the following day. In our versionDamian Falkowski, who leads the orchestra, and RobbieStern (a former professional rock guitarist, now LegalFellow at Justice) were left in charge, proving, if proofwere needed, that a conductor is unnecessary.Finally, we played Saint-Saëns’ The Carnival of theAnimals. This was written for fun in 1886 for 11instrumentalists, two pianos, a string quartet anddouble bass, flute, clarinet, glass harmonica andxylophone. We played it with a full string section andsubstituted a glockenspiel for the glass harmonica;glass harmonicas are not easy to come by. Richardprovided his own verses, originally written in 1987 fora performance with Edward Heath conducting, withsome updated references. Here is the Elephant:The Elephant is very tough so isn’thunted much for meat,But poachers cannot make enoughwastepaper baskets from her feet.She cannot manage things like rusks,but lives on Philadelphia Cheese.Because the poachers take her tusksto make into piano keys.She dreams of being a fairy sweetwith tiny teeth and up-turned noseOn tiny, neat, unhunted feet she’ddance to tunes by Berlioz.For fifty-two lugubrious bars thedouble bass plays underneathAccompanied by oom-pah-pahs uponthe jumbo’s stolen teeth.There were wonderful solos from Paul Skinner (flute/bird), Joe Smouha QC (clarinet/cuckoo – in thegallery) and Emma Chamberlain (cello/swan); sickeninglytalented musicians and probably quitegood barristers too. Richard reminded us that the word‘amateur’ derives from the word ‘love’ reflecting thatthe musicians in the orchestra were there because theylove playing this music. I am pretty sure that they dolove it, and for me there is a profound joy in seeing anorchestra of judges, Silks, barristers, non-lawyers and (ahandful of) professional musicians striving for the samemusical goal and delighting in the process.I have lots of half-formed ideas for this year’s concertwhich will be on Sunday 18 November 2018, includingthe possibility of a version of Mozart’s Magic Fluteadapted for children. Whatever happens, I will strive toengage and inspire the children. I hope you can make it.The Bar Musical Society organises three or four concerts eachyear (held in the Inns or nearby) usually given by professionalmusicians. In the last few years the Society has formed theorchestra using the wealth of musical talent at the Bar andother amateur musicians. 2018 Middle Templar

MIDDLE TEMPLE GARDEN KATE JENRICKWeather Watching Kate Jenrick is Head Gardener. After Finally, a cold snap at the end of February. In the middle gaining a Diploma in Horticulture of March another one arrived from Siberia and was swiftly with Honours from the Royal Botanic named ‘the Beast from the East’. After waiting for winter Gardens Kew, Kate worked in the to arrive, it came with a vengeance – Faversham, for 18th Century Landscape Garden example, recorded minus 14.2 °C on 28 February. at Painshill Park, Cobham and Throughout March daily maximum temperatures were community social enterprise in east typically around 10 °C below the March average. After London. She came to Middle Temple the snow, the rain returned. Easter, which fell on 1 April, in December 2008 where the mix was a wash out. Then, without warning, it was 29 °C on of history and a busy, demanding 19 April which set a new record for the warmest April day. use of the garden provided all All my winter woollies were washed, dried and put away. the challenges a Head Gardener Spring had arrived! And so everyone thought. Suddenly requires. we returned to chilly weather and, even in May, we were left wondering when winter would end.Gardeners and most of the British public everywhere Spring seemed to have been by-passed. Spring bulbsobsess about the weather. Many people I’m sure will look were happy to get flowering after the snow but bulbsback on the winter of 2017-18 and reminisce about a long catching up with the season expended a lot of energyand cold winter, after all, this was the winter when the and quickly succumbed to the out of ordinary mid-AprilBeast from the East arrived. In fact, this year’s winter/ temperatures. Fortunately, the tulip display was usingspring has proved to be a roller-coaster of dramatic turns. only late flowering varieties – they coped well with the fluctuating temperatures.Gardeners have good reason to obsess. The weather is avery variable factor – we have no control over it and often Fountain Court in snow – Anne Johnsonvery little warning of what to expect. The plants I choose,when I will start major overhauls and, most obviously,how plants thrive, are all affected by the weather. Thiswinter was a challenge.Especially cold winters are good for nature to sort outunwanted pests. I’ve been waiting a couple of years fora significantly harsh winter to knock out Fuchsia gall mite,a little South American pest which was first sighted inthe UK in 2007. It was believed that it would not survivesub-zero temperatures but literature suggests thatmaximum and minimum temperature limits are notactually known. This tiny mite survived the harsh winterof 2009-10 in those few areas of the UK where it hadbeen established, and this year I have read reports of itsfirst sighting in North Wales. Unfortunately, I suspect myunwelcome guest will continue to outstay its welcomein the Temple.Temperatures through the Autumn 2017 had beenunseasonably warm. By the middle of February, I was justabout giving up hope of any cold weather: I would haveto simply appreciate the rain which arrived and remainedfrom about the end of January.44 2018 Middle Templar

I’ve been waiting a couple of yearsfor a significantly harsh winter toknock out Fuchsia gall mite, a littleSouth American pest which wasfirst sighted in the UK in 2007.My impression is that insect levels were hit badly – 45butterflies and bees seemed far fewer in the garden inthe period May to July. Although, luckily, my honey beecolony flourished and honey was produced.On the plus side, after an Autumn overhaul, new plantsin Elm Court were able to put their roots down beforethe Beast from the East hit. The plumbagos also in ElmCourt, which had outgrown their spot, were so badly hitby the cold snap, that they looked very dead. Happilythey recovered from the ordeal and with little agonisingas to the amount of pruning are now suitably smallershrubs, which serves the new design well. Foxglovesacross the garden were numerous and produced awonderful display for many weeks. Roses ignored thecold spell and with plenty of water in the ground to fueltheir growth they were early to flower with good displays.There were very few losses in the garden from the cold.The echiums survived although their stunted growthshowed signs of stress. An evergreen Coprosma inFountain Court was reluctant to put on new growth in thespring (probably because there wasn’t one!) and afterthe umpteenth comment that it was dead, I bowed topublic pressure and removed it.Currently as I write this in the middle of July, our dailyroutines are dominated by lack of any rainfall for manyweeks and temperatures hovering around 30°C day afterday, leaving the plants needing copious amounts ofwatering (but on the plus side, less mowing). By the timethis article is published, we will know whether it allcontinued into the summer holidays! 2018 Middle Templar

GARDEN PARTY: 3 JULY 2018 Middle Temple Garden Party46 2018 Middle Templar

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SURVIVE AND THRIVE MASTER ADRIENNE PAGESurvive and ThriveThis October will mark three years since Middle Temple launched its Survive & ThriveProgramme, a (roughly) quarterly series of evening events which, to borrow from theold Heineken advert, is intended to refresh those parts of our professional and personallives that traditional CPD fare cannot reach.Master Adrienne Page was Called to Stephanie told us about recent research into humour andthe Bar in 1974 and was elected as a its vital contribution to happiness. She described humourBencher in 2003. She is a specialist as the most powerful tool available, uniquely, to humans,practitioner in defamation, privacy to give us perspective and the ability to ‘step back’.and related areas of law. She hasspent her whole career at the media Next was Dr Nerina Ramlakhan from the Nightingalelaw chambers now known as 5RB. Hospital, a neurophysiologist with a doctorate in ‘sleep’.She was appointed an Assistant Her clinical work with patients leading pressurisedRecorder in 1995 and a Recorder in professional lives had shown her the very great extent to1999 serving until 2004. She took silk which we operate in ‘survival mode’. She described thisin 1999 and between 2003 and 2011 as living in the wrong part of our neurological system.she was Joint Head of Chambers. We are getting into bed at night tired, but also ‘wired’ and that profoundly affects our ability to sleep well. She gave practical advice to sleep better.As Master Robert Lisvane, former Clerk of the House of For those who cannot make it in person,Commons, described the series, when introducing last the events are live-streamed on theAutumn’s event: the series is not about the practice of the Middle Temple website. Videos of thelaw but is highly relevant to it. He put his finger on the events remain accessible to membersnature of the lives we lead: the unpredictability, the very by logging in to the website and openinghigh work pressure and the stress of being ‘on stage’. To the ‘Inn Initiatives and Events’ page.address these and other overlooked aspects of our lives,the Inn has been hosting, under the Survive & Thrive We had a change of subject for our opening event ofbanner, specialist speakers and trainers ranging across 2018: ‘The entrepreneurial barrister and how to grow yoursubjects such as sports psychology, cognitive behavioural business’, but no less humour. In his very funny and self-psychology, neuropsychology, public speaking, memory deprecating style, Master Clive Anderson, introducingtraining, stress and anxiety, mindfulness and well-being. the event, summed up his own entrepreneurial success in his early years at the Bar as pretty much ‘no win,Attendance is free to Middle Temple members and no fee’. Chrissie Lightfoot, who has made a name fora bargain at £10 to non-members, amongst whom herself internationally as a legal ‘entrepreneur’ gavechambers’ clerks and staff, members’ partners, the audience a whistle-stop tour of how to attract andfriends from other Inns and others are most welcome. develop new business as a lawyer. She gave practicalRegistration is through the Middle Temple website. advice on developing an online profile and exploitingThe established routine is for the doors to open at social networking streams. We then heard from Gavin5:30pm for an early evening drink and wind-down. Presman, a trainer in the skills of leadership, negotiationThe sessions take place from 6:00pm and last about an and influence about nurturing existing relationships.hour, following which further drinks and canapés are He told a telling story about his solicitor father, who wasserved and the speakers make themselves available for so unimpressed by the barrister he instructed turninginformal questions and chat with audience members. up in the corridor outside court and chatting to his barrister opponent, who was an old friend of his, insteadFor those who cannot make it in person, the events are of to the client and the firm’s representatives, that helive-streamed on the Middle Temple website. Videos of never instructed that barrister again – on principle.the events remain accessible to members by logging We sometimes do need reminding of those thoughtlessin to the website and opening the ‘Inn Initiatives and acts we commit that can have such serious consequencesEvents’ page. for our client relationships.And so it was Master Lisvane who, in ebullient form, This event attracted the notice of The Telegraph, whichintroduced last November’s event, ‘The simple pursuit of (un) helpfully headlined its story ‘English barristershappiness: how to achieve happiness and health goals’. trained to be less pompous in bid to win over wealthyHe cast his inimitable aura of jollity over the event, at international clients’.which we were entertained (quite literally) and educatedby the dynamic comedian and behavioural psychologist,Stephanie Davies. Her specialism and her brand is‘Laughology’ (pronounced ‘Laffology’, as she was at painsto emphasise, because of her North of England origins).48 2018 Middle Templar