The Middle Templar 2018

The position now may be viewed as profoundlyunsatisfactory. The government set up a body called thePress Recognition Panel (PRP), an independent bodyset up to judge whether or not any regulatory body metthe criteria of the Royal Charter, as recommended byLeveson. Following the government’s failure to followthe full recommendation in relation to a regulatory body,we have two bodies: the Independent Press StandardsOrganisation (IPSO), the body established by the industryitself, taking the place of the PCC; and the IndependentMonitor for the Press (IMPRESS). IMPRESS has beenapproved by the PRP, but is boycotted by the majority ofthe press. IPSO, by way of contrast, is supported by themajority of the press, but has not applied for recognition,arguing that to do so would lead to a degree of stateregulation of the press. T here are competing interests of a fundamental nature to be balanced: freedom of the press, on the one hand, and reasonable protection of privacy and private life on the other hand. These do not admit of an easy resolution and views can legitimately vary.IPSO is chaired by Sir Alan (Master) Moses, who Master Leveson, in making his recommendations, wasvigorously asserts its virtues. It has, however, largely entering into very difficult territory. There are competingfailed to convince victims’ groups such as Hacked Off interests of a fundamental nature to be balanced:of its independence and effectiveness. freedom of the press, on the one hand, and reasonable protection of privacy and private life on the other hand.It is hard to believe that this state of play furthers the These do not admit of an easy resolution and views canpublic interest. When the government announced that legitimately vary. However, the courts have demonstrated,it would not proceed with Leveson Part 2, this was a by weighing up competing rights under the Europeandecision greeted by the national press with approval. Court of Human Rights, that balancing competing claimsThe papers had argued that Part 2 would be a threat to and interests is possible.a free press and that it was unnecessary, given thevarious civil proceedings being pursued (and, inevitably, On a political note, it is quite clear that any governmentsettled), in any event. would be reluctant to take on the press on this issue. This is somewhat ironic as the one part of the body politicThis reasoning was, I would suggest, entirely spurious which then appears to be free from scrutiny is the pressand self-serving. Enquiring into past criminal actions can – the very people whom we depend upon to scrutinisehardly be considered to be an attack upon a free press. those other parts of the body politic.If one considers the issue in a different context, it is easyto demonstrate how different the press reaction would be There are, of course, notable exceptions to the latterif the self-interest of the proprietors and editors was not point – notably Private Eye and, at times, The Guardian.at stake: imagine if Part 2 of an inquiry was to examine However, the press cannot be seen to be free from vestedpossible criminal actions by politicians. What would be interest and it is a matter of regret that the governmentthe reaction of the press if the government announced has failed to grasp the nettle. It was always, of course,that it was not going to proceed? There would rightly be at liberty to reject the Leveson recommendations, buttrenchant criticism. Further, the settlement of claims by its failure to take any real positive action in relation tothe papers has the effect of avoiding exposure of their regulation or to propose a viable alternative, togetherbehaviour to full judicial and public scrutiny. with the abandonment of Leveson 2, leaves questions of profound public importance unanswered.Here I should declare an interest, of sorts. I haveoccasionally advised Hacked Off in relation to criminal lawaspects of issues which have arisen, and I am sympatheticto the views of the many victims who are outraged bywhat happened to them. I recognise, however, the needfor a free press as outlined at the start of this article.2018 Middle Templar 99

PARADISE AND PROSTITUTES ADAM SPEKERParadise and ProstitutesTime for a Sectional Standards Test?Is it defamatory to mistakenly call a Remainer a Brexiteer or a Brexiteer a Remainer?Surely not, you would say and you would be right. After all, in 1907 it was not defamatoryto describe a Free Trader as a Protectionist or a Protectionist as a Free Trader. Adam Speker was Called to the Bar in 1999. He is a member of 5RB and specialises in defamation, privacy, media law and harassment.But why would you be right? We all know people who Paradisesay they thought less of someone when they discoveredthat that person had voted differently to them in the The Paradise Papers are financial documents stolenEU referendum. In some communities or workplaces, to (not leaked) from a Bermudan law firm and provided tobe labelled wrongly could result in the type of loss that a German newspaper who called in the Internationalwould constitute special damage: of entertainment or the Consortium of Investigate Journalists (ICIJ). The ICIJhospitality of friends, for instance. shared the papers with around 100 media organisations around the world. Information from these documents wasThe present state of English defamation law means published prominently at the end of 2017, including bythat words must amount to disparagement (sufficient The Guardian and BBC Panorama.to overcome s1 of the Defamation Act 2013) in thereputation of right-thinking people generally. So whilst On the BBC’s website its ‘Paradise Papers: Everything youto be wrongly labelled a Remainer or a Brexiteer may need to know about the leak’ page provides informationdamage your reputation in the eyes of some, it is about the investigation. It explains that there havenot actionable. been a number of stories exposing how ‘politicians, multinationals, celebrities and high-net-worth individualsBut have we reached the stage where we cannot tell what use complex structures to protect their cash fromright-thinking people generally think anymore? And if higher taxes’.so, what do we do? With that introduction, I move on toparadise and prostitutes. In response to the question, ‘Why is it in the public interest?’ the BBC says this: The media partners say the investigation is in the public interest because data leaks from the world of offshore have repeatedly exposed wrongdoing. The leaks have led to hundreds of investigations worldwide, resulting in politicians, ministers and even prime ministers being forced from office. In almost all of the news reports, the media companies have explained that what the papers show is not tax evasion but avoidance and that nothing illegal has been done. Yet apparently what has been demonstrated, and is said to justify the revelation of private financial information about individuals, is ‘wrongdoing’. In The Effect and Origins of the Great War, the historian AJP Taylor remarked that, ‘Until August 1914 a sensible, law-abiding Englishman could pass through life and hardly notice the existence of the state, beyond the post office and the policeman. He could live where he liked and as he liked…’100 2018 Middle Templar

The sensible, law-abiding Englishman distrusted the Mad to pay taxes you weren’t forced to. Do youstate. Provided he was not acting illegally in withholding recognise or sympathise with that view? The pop singerwhat was due the sensible Englishman would not have Adele, who comes from a working class background,been criticised for using the means at his disposal to does. She echoed it in 2011:avoid giving to the state more than required or forliving as he liked. I’m mortified to have to pay 50%! [While] I use the NHS; I can’t use public transport any more. Trains are always late,This view was by no means confined to the middle most state schools are shit, and I’ve gotta give you, like,and upper classes. four million quid – are you having a laugh? When I got my tax bill in from [the album] 19, I was ready to go and buy aIn Welcome to Everyman: A Journey into the English gun and randomly open fire.Mind the philosopher Julian Baggini decided to live inRotherham in South Yorkshire for 6 months in 2005 ‘in an Yet the assumption made and fed by the media theseattempt to understand the English mind’. In the chapter, days, through exposés such as the Paradise Papers, is‘Illiberal Democrats’, Baggini explored the English belief that the ‘poor’ are disgusted that the ‘rich’ do not payin ‘fair play’. He wrote: their ‘fair share’. Anyone who seeks to protect his or her money from the taxman through legal means is not…the land of people who play by the rules is also the sensible but disreputable or immoral.land of people who will never pay the authorities anymore than they are forced to, whatever the rules say. I Where are the courts on this subject? It depends, ofcame across this time and time again, and it cuts across course, on the precise words used and their context butall social classes and even political convictions. I know we appear to be more judgmental about money matters.middle-class left-wing professionals who are officially In Lait v Evening Standard Limited [2010] EWHC 3239, adisappointed that New Labour isn’t really socialist, yet case concerned with the parliamentary expenses scandal,they still open tax-free ISAs and the like in their children’s Eady J had to consider capable meanings. He said at [8],names in order to avoid giving money to the Exchequer.The accountant for The Philosophers’ Magazine, which In the light of all that has taken place over the pastwe run as a partnership, was frankly baffled when we 12 months, it is in my judgment unreal to suggest thattold her that we just weren’t interested in setting up a readers would not think the worse of a member ofcorporate structure in such a way as to make us pay less Parliament who had taken advantage of (or ‘milked’)tax: such a thing was unheard of. In [Rotherham], they the expenses system simply because he or she hadwould also think you were mad if you paid taxes you stayed within the letter of the law or of the rules.weren’t forced to. …That is because they are perceived now as having behaved disreputably. The parliamentary expenses scandal has an additional element to it which may explain the reaction to it: the money MPs were obtaining was public money. The same is true of the banking scandal of 2008-09. But both scandals may have changed the attitudes of many people generally about whether tax avoidance is ‘fair play’, at least for the ‘rich’. In Pirtek (UK) v Jackson [2017] EWHC 2834, on a judgment in default application where the defendant was not represented and hence did not put forward any arguments, Warby J said at [44] of the third and least serious meaning complained of: ‘Tax avoidance’ refers to a lawful activity, distinct from tax evasion which is unlawful. An allegation of ‘tax avoidance’ may or may not be defamatory, according to the context. The Judge explained that, in its context, he was ‘inclined’ to accept it had ‘defamatory overtones’. His conclusion was cautious.2018 Middle Templar 101

Prostitutes What to do?Whether accusations about lawful sexual activity are If the courts are troubled by defamatory complaints ofdefamatory these days is also a sensitive subject and here some legal sexual and financial behaviour, they are rightwe appear to wish to strive to be less judgmental. to be so. People do disagree. All judges used to have to do was decide whether such allegations were capable ofIn Branson v Bower [2017] EWHC 2637 (QB) Mr Justice being defamatory and then they could leave it to juries toNicklin was troubled by a concession from the defendant decide, who did so in private. Now judges must decide,that an accusation that a cabinet minister had been and do so in public.accused by the News of the World of paying £100 torent boys in order to be kicked around a room was One solution to this difficulty can be found in thedefamatory and sufficiently so to overcome the section introduction of s1 of the Defamation Act 2013. This1 test. Nicklin J said at [46]: raises the bar on whether a statement is sufficiently serious to be considered defamatory. In cases involvingThe issue of whether it is defamatory to say of someone business, there may be a regulatory standard that allowsthat s/he has paid individuals (male or female) for only a limited role to the right-thinking person test (seeconsensual sex is controversial. Thornton v Telegraph Media Group Ltd [2011] 1 WLR 1985 at [34(iii)]). Or data protection laws could be usedLater at [47]-[48] the Judge said: to found a cause of action in respect of inaccurate data whether or not they are defamatory.By the same token, judged by 2017 standards, do ‘right-thinking people’ regard as defamatory an allegation Another would be more controversial: for the appellatethat someone has or enjoys ‘rough sex’ (in the sense courts to develop the common law to introduce aof consensually violent)? sectional standards test. In Arab News Network v Khazen [2001] EWCA Civ 118 the Court of Appeal had…These are difficult questions. …Whatever the Court’s to consider whether it was defamatory to accuse andecision on these questions were to be, it may prove Arab broadcasting company and its chairman of beingto be controversial. There may be people who would tools of the Americans or Israelis by peddling theirdisagree (perhaps very strongly) with a decision either line. It accepted that such accusations would be highlyway. That is the nature of pluralism in a democratic damaging to their reputations among fellow Arabs. Atsociety but it tends to show that, on this topic (and in the the end of the lead judgment, Keene LJ said, at [30]:words of Browne-Wilkinson V-C in Stephens), there is no‘generally accepted code of sexual morality’. should [whether a statement is defamatory] …be judged by the reaction of ordinary reasonable people in our society as a whole or by that of such people within a particular community within that society… we are today a much more diverse society than in the past and… the reputation of a person within his own racial or religious community may be damaged by a statement which would not be regarded as damaging by society at large. This is an issue which may need to be addressed at some stage in the future… The converse and orthodox view was expressed by Warby J in Monroe v Hopkins [2017] EMLR 15 at [50]-[51] and echoed by Nicklin J in Branson v Bower: …The demands of pluralism in a democratic society make it important to allow room for differing views to be expressed, without fear of paying damages for defamation. Hence, a statement is not defamatory if it would only tend to have an adverse effect on the attitudes to the claimant of a certain section of society. Whilst due regard has to be paid to pluralism it is easy to see how the reputation of an MP can be damaged in the eyes of voters or his constituents or political party members by a statement that he legally avoids paying taxes or that he engages in lawful but embarrassing or sleazy sexual activity. If such a person cannot obtain a remedy – and I express no opinion on Mr Brown’s case – because of uncertainty over what right-thinking people might think, then we may have reached the stage for the courts to address whether a sectional standards test would be more acceptable in a modern society and less controversial for judges to apply.102 2018 Middle Templar

HARASSMENT MASTER MAURA MCGOWANHarassment policyOur world has changed but in so many ways it has stayed the same. We acknowledge that we havenot always had the best practices or, in fact, any code of practice to govern the way we deal withone another. In particular, the way we deal with the most junior amongst us. Drawing up a code isa change but we have the same principles about treating each other with dignity and respect. Master Maura McGowan was It is intended that the policy will offer an opportunity educated at Virgo Fidelis Convent for the most junior to seek help, advice and guidance Senior School and the University of if they find themselves in a difficult position. It is further Manchester. She was Called to the intended to ensure that those who behave reprehensibly Bar in 1980, took Silk in 2001 and was will be called to account. Importantly it will provide a Chair of the Bar Council in 2013. She middle course, so that if a junior person does not want has been a judge of the High Court to pursue a complaint, in any formal sense, there will be (Queen’s Bench Division) since 2014. a process in which guidance can be given to the more She sits on the editorial Board of the senior member of the Inn explaining how and why their Criminal Law Review, is a member conduct caused offence. of the Sentencing Council and a Presiding Judge of the South Having had the chance to raise the matter it can Eastern Circuit. sometimes be left there. It is only in the worst cases that formal complaints will be pursued.Now we have codified what has been, or should havebeen, our good manners and courtesy. We should As lawyers we are governed by an innate sense ofnever take advantage of each other’s weaknesses or fairness. That sense of fairness should prevent us fromvulnerabilities. taking advantage of those less able to stand up for themselves.The codification is new but the good manners andcourtesy should not be. It is obvious that some will be angered by this, some may even find it offensive, rather like being treated asMiddle Temple has joined with the other Inns and COIC a child being told to say please and thank you. If it isto draft a policy which sets out guidelines. As a joint stating the obvious, we can add it to the bromide ofpolicy, they are novel and it is recognised that they do unto others as you would have done unto you. Ifwill need to be kept under consideration and possibly it is necessary to alter behaviour, then it can only helpreviewed in the months to come. reinforce what the majority do without thought.Some will find that individual clauses state the obvious, It is simply a statement of principle. After all, there isothers will think that this goes too far and may trespass nothing new under the Sun.into personal morality. 2018 Middle Templar 103

PERSONAL INJURY ROBERT WEIR QCWPehrastoisnaal Injury?Having set out to fight my first whiplash claim 25 years ago, I didnot pause long to ask myself what constituted a personal injury –certainly a couple of weeks of neck pain sufficed. Robert Weir QC was Called to the Take first a change to the body which is serious and Bar in 1992 and took Silk in 2010. bound to lead to problems in the future. This can He is a personal injury practitioner. happen, for instance, with cancer of the bowel. He was Chair of the Personal Injuries Symptoms can arise late, hence the poor prognosis Bar Association from 2016-18, is when the cancer is finally diagnosed. If the cancer is an editor of Kemp & Kemp and a identified at the time when the person is symptomless, Recorder of the Crown Court. it would be remarkable if the court were to say the person did not have a personal injury.As with all our areas of practice, it is not every day thatwe have to reflect on where the boundaries of these The first occasion the House of Lords had to considerareas lie. Such issues do not trouble the courts frequently, where the borders of a personal injury lay was backnot least because if a person is not sure whether he or in 1963. In Cartledge v E Jopling & Sons Ltd the House of Lords recognised that it was possible to she has a personal injury, chances are it have a personal injury without symptoms. In that case, must be so small that it would not be the plaintiffs had pneumoconiosis before they knew worth bringing proceedings to find anything of this. It had, unbeknown to them, reduced out. The problem has arisen a few their lung capacity, such that if they had engaged in times over the years. The House of unusual exertion they would have become breathless. Lords and Supreme Court has It also put them at risk of problems in the future arising addressed this question head on out of the pneumoconiosis. That was sufficient. only three times, most recently in March 2018 in a case called Does that mean that any bodily change constitutes a Dryden v Johnson Matthey plc personal injury, whether or not there are symptoms? [2018] UKSC 18. No, is the short answer. The House of Lords had another look at the ambit of personal injury in 2008 in Rothwell v Back in 1884, Lord Brett MR gave Chemical & Insulating Co. Ltd, a case often known simply a steer as to what lay at the as the pleural plaques case. Pleural plaques are areas heart of a personal injury claim of fibrous thickening of the pleural membrane which when he observed that a man surrounds the lung. The claimants had developed these has a right to be ‘unmolested as a result of tortious exposure to asbestos. So definitely a bodily change. Pleural plaques are symptomless. in all his bodily powers’. They also don’t lead to anything – they have been neatly Something that saps your described as a biological cul de sac. That is not enough bodily powers gets close to to constitute actionable personal injury. The pleural the essence of it. Permanent plaques don’t do anything; the plaques are even hidden damage to the body which from view so it is not like a skin blemish which is painless stops you doing something but embarrassing. In the words of Lord Hoffmann, they rather obviously ticks the box. don’t make you worse off. So no injury there. So, too, does a punch which Having only addressed this issue twice at the highest leaves you reeling in pain level up to 2008, Dryden came with almost indecent for days or even the haste behind Rothwell a mere decade later. Here, the ubiquitous whiplash injury testing problem for the Supreme Court was whether with short lived neck employees who had been sensitised to chlorinated platinum salts at work (and in breach of duty) had stiffness. What about a suffered a personal injury. change to the body which causes no symptoms at all? Now it gets more difficult.104 2018 Middle Templar

Sensitisation to platinum salts involves development applying Cartledge. He observed how, ‘in both casesof antibodies – so there is a bodily change, albeit a they have a damaged article when, but for themodest one. It is also symptomless. The risk for an defendant’s negligence, they would have had a soundemployee is that, if they carry on working in an one’. If your body is changed somehow and cannotenvironment where they may be exposed to more deliver for you in the way it otherwise could, that isplatinum salts, they will go on to develop platinum enough to count as a personal injury. Of course, if theallergy, which is symptomatic. So the employees way it cannot deliver is trivial, it may not overcomewere taken out of their workplace pursuant to a the de minimis hurdle.collective agreement. Pursuing the analogy with property damage, there is aLady Black explained that platinum sensitisation did line of authority which establishes that property can bemake the claimants significantly worse off. Their bodily damaged even when its physical status is untouched.capacity for work had been impaired. True enough, So, in a case called The Orjula Lord Mance, then Manceplatinum sensitivity is rare in the extreme – you are only J, recognised that the presence of a layer of hydrochloriclikely to be exposed to it in a factory such as where the acid on part of a vessel’s deck, which did not in any wayclaimants were working or when undertaking old style alter the physical integrity of the deck, was enough tophotographic developing. But it affected these claimants constitute property damage to the deck. That is becauseprofoundly and that was enough to constitute a personal the presence of the acid rendered the deck less useful.injury. Lady Black compared these cases to the position Just so, with the bodies of those sensitised to platinumof a professional coffee taster whose sense of taste was salts at work. Their bodies were, in a real sense, lessimpaired through negligence in a way which would useful to them.not matter at all to the rest of us but mattered to thecoffee taster. That, too, would amount to an actionable Physical changes to the body are one thing; psychiatricpersonal injury. changes another. No doubt someone who is upset, angry and depressed will have different neuronalIt may be helpful to compare the human body to an item connections form and changes in chemical balance.of property for these purposes, as odd as that may seem. But medical science is not yet so sophisticated as toAt the risk of sounding metaphysical, the person claiming work any of this out with precision. So we continue todamages is not the person’s body. The person is claiming treat certain injuries as psychiatric rather than physical.for damage to his body, as opposed to damage simply At the moment, the test in psychiatric injuries is clearto him. Back in Pirelli General Cable Works Ltd v Oscar enough: the claimant needs to establish that he or sheFaber & Partners in 1983, Lord Fraser grasped this point has a recognisable psychiatric injury. How long beforewhen he was addressing damage to property and this issue returns to the higher courts? Website: the-bba.com Email: [email protected] Tel: 020 7242 4764 105 VEImSIOaNil:[email protected] Tel: 02072424761We exist to support, help and comfort those members of the Bar in England and Wales and their families andtheir families in every circuit, often saving not only dignity but careers. We help when there is a real catastrophe. VISIONacAcidNenDts aMndIoSthSeIrOunNforeSsTeeAnTtrEagMediEesN. Tfects of severe illness or injury, We exist to support, help and comfort those members of the Our staff arBe eaxrpeinrienEcnedg, klainnddandanprdactWicaal:loeusr Aasnsodciatthioen iirs afalamst sialifeetsy naent fdor dtheospe estnrudckednowtsn, their wpahrtnoersaarned icnhilndreene, dw,heinre tdheirsetirsensosinocormien, ndoicapcitaul,ltnioefsa.mDilyubraicnkgupt. he recent past we have helped barristers and their families in 2018 Middle Templar

THE RIGHT TO JUSTICE MASTER WILLIAM BACHThe Final Report of theBach Commission onThe Right to JusticeOn the evening of Monday 21 May, many members of the Middle Temple took partin the annual 10km London Legal Walk around central London. They included seniorjudges, barristers, Silks, juniors and students. Master William Bach was Called There can hardly be a subject of more importance to to the Bar in 1972. He practised in all members than access to justice. It is at the heart not crime on the Midland Circuit and just of our justice system, but also of our constitutional was elected Head of King Street settlement; for why should I obey the law, if it’s not going Chambers in 1996. He is a member to protect me when I am wronged? of the Society of Labour Lawyers. He was created a life peer in 1998 and Many lawyers have argued that access to justice has been since then has been a minister at at substantial risk for many years. Elected governments LCD, MOD, Defra and MoJ. He was pay lip service to the concept, but then put it way Shadow Attorney General 2014-15 down their list of priorities. Most commentators would and is currently Shadow Justice agree that this tendency has become more blatant and Minister leading a review on Legal widespread over the last 8 years; so that today very Aid. He was made Bencher in 2015. senior judges and many others have with force and clarity warned that many of our fellow citizens are in danger ofWithout exception everyone on that walk took part losing their right to justice.because of a sense that many thousands of our fellowcitizens are in danger of not being able to access justice This then is the background to the Commission I wasin any meaningful way. They were sponsored so that asked to Chair. With the enormous assistance of themoney could be raised to alleviate – but not to solve – Fabian Society the Report was published towardsthat major issue. Pro bono is a brilliant and important the end of 2017. The Commissioners were chosenpart of our legal tradition. However it can never be a for their expertise across many areas of law. We weresubstitute for a properly funded legal aid system which particularly privileged in having the late and much missedassures as far as possible all who are subject to the rule Sir Henry Brooke as a colleague; his role in our reportof law have at least some access to justice. was immense. He also produced seven appendices that set out the background, historical and otherwise, to our conclusions. Without him our report would have been less cogent. All of us were of course committed supporters of legal aid and the part it can play in ensuring access to justice. Our proposals can be divided into two parts. Firstly, we recommended that government urgently changed both the spirit and the practice of The Legal Aid, Sentencing and Punishment of Offenders Act (2012) (LASPO). By removing the vast majority of Social Welfare Law – that is the law regarding Housing, Debt, Welfare Benefits, Employment and Immigration – from the scope of legal aid the Act has resulted in a massive reduction in the amount of legal advice given for those who need it. For example, the funding for welfare benefit legal advice declined by 99.5% between 2013 and 2015-16. In addition, legal aid was removed from a vast swathe of Family Law which, it is widely recognised, has led to increasing difficulties both in court and outside.106 2018 Middle Templar

T he damage to our civil justice system has beensubstantial. Later than promised, the governmentis at last reviewing the effect of Part 1 of LASPO– which instead of saving £450m per year hasactually cut spending by £950m per year.The damage to our civil justice system has been it unlawful not to do so. Our judges in recent years havesubstantial. Later than promised, the government is defended access to justice with consistency and courage.at last reviewing the effect of Part 1 of LASPO – which However it is not right or fair that the judiciary shouldinstead of saving £450m per year has actually cut have to do this in case after case. If access to justicespending by £950m per year. We put forward 25 detailed is to be more than mere words, we believe it must bereforms to the current system ranging from reform of enshrined in law. We don’t claim to have all the answers.legal aid assessment to the replacement of the Legal We invite debate on these proposals. However it isAid Agency. At the heart of our recommendations is essential this issue is dealt with before it is too late.a bringing back into scope of those areas where legalaid was removed and perhaps above all a restitution of The Commission was clear it believed access to justicelegal aid for early legal help. We heard stark evidence, should not be a political football, but should enjoy aparticularly in the area of Family Law that the absence of broad consensus across parties. This is much more likelyearly help nearly always makes a bad position worse. to achieve long lasting results. So we have welcomed the reception given to our report and to recent signs thatOur most radical proposal is that there should be a all parties recognise that some urgent reform is urgentlyStatutory Right to Justice or as the report puts it ‘a new due. However urgency is key. The deserved reputationindividual right to reasonable legal assistance without our legal system has earned is fraying at the edges.costs people cannot afford’. It would be a comparable It comes down to this. As the Commission urged: ‘Unlessright to those of reasonable healthcare and a decent everybody can get some access to the legal systemeducation. This right would be enforceable through at the time in their lives when they need it, trust in ourthe courts, would be backed by a set of guiding institutions and in the rule of law breaks down. When thatprinciples and crucially would be protected by a Justice happens, society breaks down’. Or as Lord NeubergerCommission with powers to advise on, monitor and said in 2016: ‘We have a serious problem with access toenforce the statute. The Commission believed that justice for ordinary citizens… if it does not exist, societythe only long term way to ensure that governments will eventually start to fragment’.respect people’s rights to access to justice is by making This is why this issue is of such importance to all of us.2018 Middle Templar 107

CLIMATE CHANGE  DAVID MILDON QCClimate Change LegislationShould the Barbe Interested?If you subscribe to the ‘Trumpian’ orthodoxy that climatechange is a hoax then this article is not for you! David Mildon QC was Called to the In the UK generators of electricity from renewable Bar in 1980 and took Silk in 2000. He sources are permitted to issue tradeable documents practises from Essex Court Chambers called ‘Renewables Obligation Certificates’ (ROCs) for with a particular emphasis on each unit of renewable electricity generated. ROCs have litigation and international arbitration a value because all licensed electricity suppliers are in the energy sector. He also sits as required to produce to the regulator such number of an arbitrator on Tribunals in the Far ROCs as corresponds (in volume terms) to a prescribed East and in Europe. He sat on the annual percentage of their total supplies. Suppliers can Committee of the London Common acquire ROCs in various ways. They can purchase ROCs Law and Commercial Bar Association from generators of renewable electricity such as wind for over fifteen years and authored farms with or without the associated electricity. Or theythe submissions of that association in response to statutory can acquire ROCs in the secondary market in which theseconsultations over a wide variety of topics. instruments are traded. As with any tradeable instrument the market value of a ROC can go up or down.Thus far there are few signs that UK or Europeanlegislators are about to roll back on a cluster of legal The legislation also permits the electricity supplier toinstruments that a few members of the Bar have turned discharge its renewables obligation in whole or in partinto practice areas. It all began many years ago with long by making payment of a prescribed amount (per MWh)defunct acronyms such as the FFL (Fossil Fuel Levy) and to the regulator. This amount is known colloquially as thethen the CCL (Climate Change Levy). In more recent ‘buy-out price’ because it enables the supplier to buy itstimes these have been replaced by the Renewables way out of the renewables obligation. Monies paid to theObligation for electricity suppliers and more generally regulator by way of the buy-out price are ring-fenced.by trading in carbon credits. A feature of both of these The regulator is required to pay them over to generatorsis the creation by statute of a novel form of tradeable of renewable electricity in proportion to the volumeinstrument which can be redeemed in discharge of an of such electricity that each has generated. In practiceenvironmental obligation. the ‘buy-out’ price acts as a ceiling on the market value of ROCs because a supplier will not normally choose to discharge its renewables obligation by acquiring and redeeming ROCs if it can buy its way out of the renewables obligation for less. There is an element of carrot and stick in these arrangements. The carrot is that a generator of renewable electricity gets to benefit not just from the sale of ROCs on the electricity which it generates but also from the distribution of the proceeds of the buy-out price. The stick is that an electricity supplier which fails to acquire sufficient of its supplies from renewable sources is forced to pay the buy-out price to the regulator.108 2018 Middle Templar

Trading in carbon credits follows a similar economic T hose who emit CO2model. Those who emit CO2 on a large scale are obliged on a large scale areto acquire ‘credits’ from those whose activities have obliged to acquirenegative emissions of carbon – for example by preserving ‘credits’ from thoseor extending forestation. As with ROCs these carbon whose activities havecredits are designed to be transferrable and hence negative emissionstradable instruments. The market value of the credits of carbon – for examplecan go up or down. by preserving or extending forestation.It would be a mistake to think that none of this is anyconcern of the Bar. Firstly and obviously there is the unusual for the agreements themselves to provide forregulatory angle which can become litigious. Readers review and renegotiation in certain circumstances. As sowho have visited Brazil may be aware that large scale often with ‘agreements to agree’ these arrangements areproduction of ethanol from sugar cane is an important a fertile source of disagreement.part of the energy mix which powers the vehicles onthe roads. The use of biofuels to generate electricity is A further problem is making sense of cost ‘pass through’not unheard of. I recall one case where the technicians clauses in the context of the Renewables Obligation.had no difficulty in firing the main generating plant on a The cost of compliance with the statutory obligation canbiofuel/fossil fuel mix, which, if taken on its own, would vary considerably depending on which of the varioushave meant that a pro rata percentage of the station’s modes of compliance the supplier opts for. Can theoutput was eligible for ROCs. However the generating power purchaser complain when faced with a passstation was contracted to provide the grid with a ‘fast through of a cost which has turned out to be higher thanstart’ capability in emergency situations. For these expected as a result of commercial decisions made bypurposes it had to resort to equipment similar to jet the supplier? These and related questions are not alwaysengines. Nobody could make the jet engines work on easy to resolve and can become litigious.biofuel. The regulator disputed the generator’s right toissue ROCs on the grounds that a tiny proportion of the For many at the Bar this may all seem pretty esoteric stuff.annual output of the generating station as a whole was But there are others including myself who have foundattributable to ‘fast start’ situations. it to be an interesting diversion from more mainstream work. I would encourage others to delve into it.Secondly, tradable instruments such as ROCs and carboncredits produce a significant number of commercialdisputes. Not all of these meet the public eye becauseof the widespread use of arbitration in electricity industryagreements. A particular source of litigious situationsare power purchase agreements linked to investmentsin power generation and other electrical infrastructure.These agreements tend to have long time horizonsrunning into decades rather than years. Because theeconomics of the transactions may be disrupted bychanges in the regulatory and fiscal environment it is not2018 Middle Templar 109

POMP AND CIRCUMSTANCE MASTER ERIC STOCKDALEPompCircumstanceBy the time I joined the Inn in 1946 at the age of 17 I wasalready a failure. I had left school at 14 in pursuit of alife as a journalist – a family tradition. Master Eric Stockdale was Called It was one of my consolations that even though to the Bar in 1950 and made a my opinions might not be good law, at least they Bencher in 2004. He is the co-author were readable. In 1964 I joined a party visiting penal of Middle Temple Lawyers and the institutions in the Netherlands and The Times published American Revolution and author my account of our impressions as the main page article. of the chapter The Middle Temple That article led to the publisher Victor Gollancz asking since 1900 in A History of the me to write a book for him about some of the good ideas Middle Temple. to be found in that country and in Scandinavia, for the possible improvement of our creaky penal system.In my last two years at school I was taught shorthand bythe deputy headmaster and then I started on my chosen That book was published in 1967 with the titlecareer at the bottom – or lower. At 14 I was an office The Court and the Offender. I was lucky enoughboy at the Daily Herald, and at 15 a very bad teleprinter to get a very generous and thoughtful foreword fromoperator at Reuters. In early 1945, shortly before my 16th the first chairman of the new Law Commission, Master birthday, I became the whole of the reporting staff of Leslie Scarman, and some good reviews. Since then I have had a number of books published, mainly on the St Marylebone, Paddington and Westminster criminal justice or historical topics, but they have rarely Record, with an office almost next door to been quoted by other authors. One early exception Marylebone Magistrates’ Court in Seymour was extremely annoying. Henry Cecil (Judge Leon) had Place. During the general election delivered the Hamlyn Lectures and they were published which followed on the ending of in 1972 as The English Judge. I recognised two lengthy the war in Europe, one of the passages as coming straight out of my book, without candidates I heard on the hustings any acknowledgment. It turned out that Judge Leon had on my patch was a Royal Naval asked many people for their views when preparing the Volunteer Reserve lieutenant lectures, and that an elderly cleric had submitted a long in uniform, known to us as piece, including my words, without quotation marks or Master Jeremy Hutchinson, any reference to the source. accompanied by his famous actress wife, Peggy Ashcroft. All of this tittle-tattle is to justify my 90th-year decision, The end of the war also with the blessing of the editor, to quote, shamelessly marked the end of my as well as immodestly, from my own slim volumes of journalistic ambitions, as the memoirs. In 2008-09 Wildy, Simmonds and Hill published returning ex-servicemen were From Wig and Pen to Computer – Reflections of a Legal entitled to their jobs back and Author, with a foreword by Master Judge, then still as newsprint rationing kept President of the Queen’s Bench Division. The second news pages to a minimum. volume was entitled The Man who Shot the President and other Lawyers, with a foreword written by Sir Mark During my time at the Bar, from Potter, the President of the Family Division, after I had 1950 to 1972, I first of all studied to assured him that my manuscript did not advocate the improve my education and chances shooting of presidents. The final volume collected up of being employable, if necessary. some bits and pieces and bore the title Further and It appeared that I was an autodidact Worse Particulars. (having earlier thought that term referred only to someone who taught himself to drive a In the second volume I dealt briefly with the weird car) and also wrote a number of short articles. robes the legal profession and judiciary wore, in a section entitled ‘Pomp and Circumstance or Bewigged, Bothered and Bewildered’.110 2018 Middle Templar

I mentioned that as I became increasingly bald I Candy mentioned that her father had a few days earlierfound that my scalp was being stabbed by the ends acquired a fresh set of black and gold robes for theof the horsehair of my wig. I then used to wear a new job. She added that the buckles of his existingfolded handkerchief under the wig, but that turned court shoes had to be changed from silver to gold.up the heat: I was hotheaded enough without any As he was to attend the Abbey service on the followingmore covering. Thursday, he had sent his clerk to Woolworths for a small pot of gold paint and hoped it would cover theAs the doctors would put it, baldness and horsehair wigs silver of the buckles adequately.are contra-indicated. In hot weather I regularly allowedcounsel to shed both wig and gown – and then felt On 1 October, in a room in Church House filled withobliged to follow suit. colleagues undergoing the same ordeal, I climbed into my full kit, complete with full-bottomed wig andSome of my items of kit were rarely used. The full- silver-buckled shoes, with black tights and some fancybottomed wig only got an airing for Westminster Abbey white lace in between and tottered into the Abbeyvisits, and the silk gown – identical to a Silk’s gown – I by a side door. As usual we assembled, like a lot ofonly wore on such visits and for a month each year when overdressed Christmas trees, near the west door, readysitting in the High Court Family or Queen’s Bench for the start of the judicial procession, which alwaysdivisions. I was therefore delighted to lend both to my ended with the Circuit judges as the tail-end Charlies.old friend, Master James Nursaw, when he was taking Silkin 1988, the year he became Treasury Solicitor. The gown I spotted the new Lord Justice resplendent in his newmakers had neither item available to lend him. When I black and gold kit and sidled up to him. ‘Pssst! I hopesaw him a few days after he became a QC he told me the gold paint is sticking.’ Clearly appalled by theabout his great day, which started with his changing into breach of security, Michael Kerr asked how I knewthe new uniform and a drive in a limousine with his wife about the cheap paint job. I discomfited him evenEira (also a member of the Inn) from their flat. When Jim more by telling him, ‘I spent the weekend in Walesand the other new Silks were lining up in the House of with your daughter’.Lords to meet the Lord Chancellor, one of his colleaguessaid, ‘Isn’t it time you put your gown on?’ Jim paused On the following page I dealt with pompdramatically before telling me, ‘then I remembered a little further:where it was: hanging on the hook on my bedroom door’.One of the Lord Chancellor’s staff scurried around and Pomposity on the part of judges was something Ispeedily found some flunkey’s battered gown, which always objected to and I also disliked it on the part ofJim quickly donned, allowing the delayed procession advocates. One barrister appearing in front of me in theto move on. county court inquired most respectfully and as though he were making an outlandish request: ‘Might I causeDressing up for the service of blessing in Westminster the photographs to be passed up to your Honour?’Abbey at the beginning of the legal year was something ‘Cause away,’ I invited him. On occasion I had to soundof an ordeal, so I was satisfied to attend roughly every a little more pompous than usual. For example, if athird year only. One occasion was memorable: it was witness started using language that was a bit too fruityon 1 October 1981. for the setting, I might caution: ‘Remember where you are!’ That sometimes threw the witness completely.This is how I described it: One could almost see him thinking: ‘Where? Oh yes, in an overheated windowless box in an office blockOur elder son Christopher and his wife Patricia were in Watford, posing as a courtroom’.expecting their first child. Our first grandson, John, wasborn on 25 September; Joan and I went to Wales to see More recently we have all read about the female Circuitthe baby, together with the parents of our daughter-in- judge who, in open court, gave as good as she got inlaw. We stayed over the weekend in the matrimonial the way of insults. Most people’s reactions to thathome, which used to belong to her parents. Patricia had incident are probably the same. One Middle Templeinvited a close friend from school days, called Candy, Circuit judge dealt very neatly with a foulmouthedto come for a few days and she stayed on over the defendant in the Crown Court. The man declined toweekend even though her hostess was in hospital. answer when the court clerk asked, ‘Are you William Sikes?’ He would not give his name. In the end theCandy had heard that I was a judge and mentioned judge felt obliged to say, ‘I must insist that you givethat her father was ‘some sort of judge’. She added the court your name, so that the trial may proceed’.that he had just been promoted, so I asked her, ‘Is he The defendant replied, ‘F***face!’ ‘Well Mr F***face,’Michael Kerr?’ and she confirmed that he was. Mr Justice said the judge, ‘now let me explain the procedureKerr was the chairman of the steering group that was that will follow’. Who could reasonably complainplanning the setting up of a Procedure Committee for about that response?the existing Supreme Court, which embraced theCourt of Appeal and the High Court. I had been a Master Stockdale’s last book, published in 2015,member of the group from the start (and then served was Send for Benson! A Life of Sir Christopher Bensonon the committee for my remaining twelve years on (Master Benson).the Bench). He had just been promoted to the Courtof Appeal, having completed three years as chairmanof the Law Commission.2018 Middle Templar 111

THE ESTATE IAN GARWOODRaising the RoofIt is not often that you get an opportunity to carry out major works to a unique andhistorically important building such as Middle Temple Hall. In September last year thatopportunity became a reality when we commenced the project to renew completelyall of the roof coverings and carry out repairs to the central lantern. Ian Garwood is responsible for the Those people who have been in the Inn for many years Inn’s extensive Estate and portfolio will no doubt have seen some of the many attempts at of historic properties, covering all trying to repair the lantern but alas all it succeeded in aspects from asset management, doing was to move the leak from one spot to another. building repair, major refurbishment Over time, the copper dressings and timber mouldings to projects and property acquisitions to the lantern became darker and streaked with stains from tenant management. Through a joint the numerous coats of bitumen continually applied. arrangement with Inner Temple, Ian is also responsible for maintaining One significant change in the post war works was the the fabric of Temple Church on decision to use copper dressings to replace the original behalf of both Inns. Initially studying Victorian sheet lead. The quality of the copper was poorfor a Diploma in Architecture, Ian joined the Inn in 1979 as and by the mid 1990’s the linings to the main gutters hadAssistant Surveyor and after a change in career direction went begun to perforate in places. Sheet copper is harderon to qualify with an Honours Degree in Building Surveying. to dress and is less forgiving than lead which almostHe was appointed as Surveyor to the Middle Temple in 1998 certainly contributed to water ingress around the detailedand subsequently Director of Estates in 2004. Ian still maintains mouldings of the lantern.his passion for Architecture and is keen to ensure that the Innmaintains its historical heritage whilst meeting the modern day Our first task this time around was to obtain consentneeds of the Bar. from Historic England to revert to sheet lead dressings, a decision they were readily happy to agree. The surfaceThe last time such works had been carried out was in of the old red clay tiles had begun to break down and1947 as part of the major reconstruction of the Temple despite valiant attempts by the main contractor to sellfollowing extensive bomb damage during World War them for reclaim, they were eventually taken away by skip.II. The Hall had suffered significant structural damage The new clay tiles are hand-made by Keymer and are theto the East gable wall in 1940 but apart from localised nearest match possible to the original.areas of damage the roof remained intact. However, anincendiary raid on the night of 25 March 1944 destroyed One major concern in planning the project was thethe lantern and a large proportion of the roof coverings. affect it would have on the use of Hall. The extent of theThe subsequent reconstruction works were carried out to works made a temporary roof essential and its sheer sizea high standard but this was not matched by the quality meant that it would require a significant amount of lateralof materials, which were in short supply. restraint to carry the wind loadings placed upon it. As we were not allowed to secure the scaffold to the historicThe works completed in 1947 resulted in a number of building fabric, a special raked scaffold was constructedongoing issues some which were never completely at the west end of Hall to absorb these forces.resolved until the recent renewal works. It was soondiscovered that the central lantern let in rain when the To allow the Hall to function as close as possible towind was in a certain direction. Although this sounds normal use, a series of dust control barriers and workingsimilar to one of those excuses proffered by the railway platforms were installed within the internal roof structure.companies, dealing with conflicting vortices at ridge level The original intention had been to conceal the scaffoldis an inherent problem with large steep pitched roofs. behind sheeting covered with photographic images of the Hall. This proposal did not come to fruition due to a Master Stephanie Barwise (Estates Committee Chair number of issues but principally because it would have 2014-18), Master Mark Pelling (Estates Committee created a very dark and oppressive atmosphere in Hall. Chair from 2019) and Ian Garwood (Director of Estates) about to inspect the works. Another overriding requirement was to ensure that the works did not place any additional loads or upset the balance of stresses on the existing roof structure. Structural engineers were employed throughout the project to advise on these matters, with laser surveys carried out before works started and on completion. With the scaffolding in place by the beginning of November last year, we were able to strip off the coverings to reveal any unforeseen problems. Not surprising the tile battens in the areas directly below the lantern showed signs of wet rot.112 2018 Middle Templar

Location of new overflow pipes on north elevation With the timberwork to the gutters exposed weMasters Stephanie Barwise and Mark Pelling discovered that the sole boards were only secured to theinspecting the condition of the lantern outer walls, with simple softwood intermediate propsClose up of the complex lead detailing to the lantern supporting the inner edge of the gutter where it meetsNew safety wire system to north gutter the roof pitch. A new method of supporting the gutters was devised, allowing their weight to be transferred on to the principal trusses. On several occasions, the principal north gutter has proved unable to cope with extreme heavy bouts of rainfall, particularly when this is combined with falling leaves and seed pods from the adjacent trees in Fountain Court. To overcome this problem, the collection sumps and associated discharge down pipes to both principal gutters were increased in size. As an additional precaution, square lead overflows were incorporated in the enlarged sumps allowing excess water to be thrown clear of the building. Although the sheet lead work to the two flat roofs over the north and south transepts were found to be in serviceable condition, the decision was taken to replace these as well. This enabled us to introduce a system of ventilation to the voids below, to comply with current regulations and Building Research Establishment recommendations. The lantern proved the most challenging part of the project. When the external timber mouldings and copper work were removed the underlying structural frame built in 1947 was found to be in good condition. However, the bolts holding the frame to the principal trusses had worked loose, due to shrinkage in the timber, allowing the lantern to rock from side to side when hand pressure was applied. Shims were used to close the gaps before new bolts were installed. One weak spot of the lantern had always been the opening windows and the method used to weather seal the bronze metal frames against the surrounding timber. In consultation with Historic England, the timber reveals into which the frames sit were redesigned to provide deeper weather seals and cover mouldings. The rather complex exterior shape of the lantern is achieved using a series of planted on mouldings, with each successive layer adding to the shape and detail. Reconstruction followed the same principal method, although the opportunity was taken to improve water discharge by the introduction of drainage channels and deeper drips. A new lightning system to meet current regulations was installed as part of the project, with the conductive tape from the lantern carefully hidden from view under the ridge of the main roof. If you look carefully, it is just possible to see the square conductive points spaced evenly just below the ridge tiles. Also to meet current health and safety regulations, a new safety harness system was installed to allow access for routine cleaning of the castellated parapet gutters. The internal loft areas of the roof can only be accessed via external hatches located high up in the pitched slopes. To provide compliant safe access, new external ladders were installed incorporating a slide lock harness system.2018 Middle Templar 113

The crowning glory of the Hall roof must be the lanternwith its six gilded finials and weathervane. The finials areactually solid cast iron, each one sitting on a large squaretimber peg formed as an extension to the main frame ofthe lantern.The weathervane is also solid cast iron and this rotates ona central shaft which runs through the domed roof of thelantern to rest on bearers built into the main frame. Allof the ironwork was found to be in good condition andthus simply stripped back to bare metal and re-gilded.Anyone with a keen eye will have noticed that contrastingblack paint has been used as a background to bring outthe gilded highlights.It is a once in a lifetime opportunity to complete a majorproject of this size on such an historic building and thisarticle would not be complete without expressing mythanks to the following people who worked with me onthe project:Will Kervick Surveyor Middle TempleJonathan Deeming Purcell ArchitectsSimon Marks Purcell ArchitectsStephen Athanasiou Purcell ArchitectsIain Stevenson Quantity SurveyorPhil Barret Ed Morton Partnership Structural Engineers Mundy Roofing ContractorsRoy Mundy Our selection of design team and principal contractor Weathervane after re-gildingturned out to be a good choice as the project ransmoothly and the standard of workmanship is of thehighest quality. It is just a pity that a good deal of the newroof and especially the lead work details are hidden fromgeneral view. Perhaps the proof of the pudding is thatsoon after the temporary roof was removed, we sufferedour first heavy downpour of rain and no water cameinto the Hall!Works toGarden Court and Blackstone House As part of Middle Temple’s long term refurbishment plan, main contract works will commence on a two phase scheme to refurbish Garden Court and Blackstone House commencing in early November this year. Initial enabling works are already in progress to remove unwanted fixtures and fitted furniture and these should be completed by mid-October. It is expected that Phase 1 covering Garden Court will take about 14 months to complete. Construction of a new atrium link and refurbishment of Blackstone House forming Phase 2 will immediately follow on, with completion expected towards the end of 2020. Queen Elizabeth Building Car Park will be used for contractor accommodation and will be closed to normal usage throughout both phases of the project. On completion, the car park will be reconfigured and resurfaced to provide improved parking facilities and to cater for recharging of electric vehicles. Please contact the Estates Office [email protected] (020 7427 4840) if you require any further information.114 2018 Middle Templar

ICCA The Inns of Court College of Advocacy (ICCA) –Two Years OnThe ICCA’s mission continues to be to raise and maintain high standards in the practice and ethicsof advocacy in courts and tribunals by developing new materials, new training programmes andexpanding our international programme of work.Advocacy and the Vulnerable EthicsThe Advocacy and the Vulnerable programme will Although the pupillage year is a critical time for barristers’ultimately deliver training to over 14,000 advocates ethical development, our research identifies ethics as awho practise in the criminal courts and continues to weakness for many junior practitioners. The College’sbe rolled out nationally. The course helps advocates Professional Ethics Training committee hopes to supportunderstand the special procedures applicable to cases pupil supervisors to improve training in this area throughinvolving vulnerable witnesses and to employ appropriate a pilot programme designed to allow supervisors of alllanguage as part of their cross-examination techniques to levels to share their concerns, experiences and techniquesobtain ‘best evidence’. It will become mandatory for any with each other and with some very experienced pupiladvocate undertaking publicly funded work for serious supervisors and advocacy trainers. However well pupilssexual offence cases involving vulnerable witnesses. The may have learned ‘the rules’, discovering how to applyICCA plans to develop a similar programme for family law them in practice brings new challenges; these skills needpractitioners. to be taught during pupillage.In parallel with this work, the ICCA continues to host International WorkThe Advocate’s Gateway (TAG), which contains 18 toolkitscontaining detailed guidance on the challenges posed The Inns College continues to expand its programme ofby witnesses who have difficulty in giving evidence. TAG international training, undertaking 20 individual trainingis managed by a specialist ICCA committee chaired by trips in 14 jurisdictions over the past 24 months. The ICCAProfessor Penny Cooper. is committed to assisting overseas Bars with improving standards of advocacy training to help maintain the rulePromoting Reliability in Expert Evidence of law and usually do so through a ‘seed corn’ approach. This ensures a lasting benefit to the overseas Bar byIn November 2017 the ICCA launched a guide with the assisting the jurisdiction to develop and implement theirRoyal Statistical Society entitled: Statistics and Probability own advocacy training provision and methods.for Advocates: Understanding the use of statisticalevidence in courts and tribunals. This was accompanied The College continues to develop its existing links withby generic advice on the handling of expert evidence and jurisdictions including in Sierra Leone, The Hague, Polandthe delivery of Expert Evidence training in collaboration and America.with the Specialist Bar Associations in 2017. Similartraining on the Circuits is due to take place in late 2018. New areas of development include linking with the English Law Studies (ELS) course at the University ofThe ICCA has a working group to further its progress in Malaga where the ICCA delivered advocacy training tothis field which will be working with the Judicial College Spanish students as part of their Specialist Legal Trainingand the Royal Society. workshops.Youth Justice Advocacy The College is keen to recruit New Practitioner Trainers and Teacher Trainers to assist with their InternationalIn 2017, the ICCA launched five authoritative and practical programmes. If you are interested please contact Indiraguides for practitioners representing children in the Pillay ([email protected]) or Phoebe Makinyouth justice system. Following this launch, the ICCA has ([email protected]).added a further two guides to complement the suite ofmaterials. The new guides deal with child trafficking and If you are interested in any of the College’s projects,sexting and include a helpful sexting glossary. The ICCA please contact [email protected] with your details forcontinues to work closely with the Youth Justice Legal more information.Centre and Every Child Protected Against Trafficking(ECPAT) to produce this guidance, a partnership whichhas led to the ICCA’s growing reputation for providingguidance in the field of Youth Justice. These guides willassist Youth Justice Practitioners to comply with their CPDrequirements following the introduction of compulsoryregistration of Youth Court practices by the BSB.The ICCA also took the opportunity to interview ECPAT’sHead of Training, Laura Duran. Laura’s valuable expertiseon child trafficking and county lines has been distilled intofour short films. Practitioners prosecuting or representingchildren charged with criminal offences that are linkedto them being exploited or trafficked will find these filmsuseful as an indication of the scale of the problem. 2018 Middle Templar 115

VALEDICTORY LORD MANCEValedictory Lord ManceThank you all for coming to court at so unfamiliar an hour. Thank you to our President,Brenda, Lady Hale, with whom I have valued and enjoyed being able to work, particularly,of course, over the last legal year, as Deputy.But thanks really are all due all round and to my I want to express my enormous debt to her for all thecolleagues who have made life collegiate and even support, hard work and organisation that has enabled herdisagreement stimulating, and whose company has been to conduct a successful career of her own and to bring upso generally rewarding; to our administration, first led three children – all are here today – as well as put up withby Jenny Rowe and now by Mark Ormerod with William me. She has a breadth of achievement and a capacity forArnold as their assistant, and led on the judicial side by multitasking of which I am incapable.our registrar, Louise di Mambro and her ever-willing team,and thanks to our personal assistants, particularly mine, As a Silk at the Bar, you are the head of a team spending,Jackie Sears. All of you have always gone the extra mile. in my case, quite long periods abroad. Some peopleTo all the rest of our staff, thanks, so please excuse me if think the bench lonely in comparison but the aim and artI just single out two elements: our security staff because of managing your own court is to foster a different sortit is they who we see every morning arriving at court and of team cooperation. The bench is an opportunity to putwhose friendly helpfulness goes far beyond the bare something back into the system, to shape the law and tonecessities, and our press officers. They have both been embark on a new, though allied, progression. It will beintegral to the court’s successful outreach. Finally, and sad and, I think, permanently detrimental to the commonparticularly, thanks to all my judicial assistants, so many of law if a shift in attitudes at the Bar should cloud successfulwhom I am delighted to see here today for this occasion barristers’ interest in the bench which I have certainlyand I am touched. found an eternally stimulating experience.13 years in the highest court could have led toinstitutionalisation but they have, in fact, been years ofconstant change, the first four spent in the House ofLords where I was the last in the tradition of Law Lordsto chair Sub-Committee E. We contributed largely to amassive report on the forthcoming Treaty of Lisbon. Thatwas all a very instructive responsibility but judges are notentitled to be legislators and I have never looked backafter the court moved here. Lord Hope, Lady Hale and Iwere the sub-committee liaising with the administrationover arrangements for this court. With great experthelp, I believe we got most things right and once herelife has been a regular change of individuals, alwaysstimulating, and the continuous development of newworking methods internally and externally. What I thinkthe court has done is give the law a profile, give thepublic a better idea what it is about: the careful resolutionof difficult issues based on respect for authority and theidentification and application of sound principles, not onpolitical or personal preferences.I am not much prone to looking back but each phasehas been as engaging as the previous. I suppose that if Ihave contributed at all beyond hearing and deciding analmost endless variety of individual cases, it has been inthe international sphere. At any rate, when I finished atOxford, I rejected domestic possibilities and went insteadas an intern to a Hamburg law firm and after that, on asix-week course on EU law in Luxembourg years beforethe UK joined. Ever since then, I have had German friendsof whom the very best, Helmut Stange, is here today andanother of whom, Wolfgang Burckhardt, later introducedme to Mary and became our best man.I suspect that it might have been difficult to divert Mary’sdedicated professional eye from the matter at hand, hadwe met across a courtroom. Luckily, we didn’t and by andlarge we’ve avoided talking too much law.116 2018 Middle Templar

I would like to pick out one international theme which I Nevertheless, anyone who has spent time with judgeshave valued and feel has done some good. From 2000, I and lawyers from other systems, European andwas, for 12 years, the UK’s representative on the Council worldwide, knows that there is enormous respect forof Europe’s new, Consultative Council of European the common law, respect for its stability, its adaptabilityjudges. The members were, of course, predominantly and its pragmatism. We must certainly continue thecivilian judges but I served for its first three years as its regular exchanges with the US judiciary and commonelected chair. In our very first opinion, we wrote that the law and other judiciaries outside Europe that have beenimportance for national legal systems and judges of the so enriching and I am confident that the Privy Councilobligations resulting from international treaties, such will also continue to sit from time to time abroad. Butas the European Convention, and also the European it is vital that we continue the good relations insideUnion treaties, makes it vital that the appointment and Europe. Interchanges under the aegis of membershipre-appointment of judges to the courts interpreting of the EU will not, of course, be possible after Brexit butsuch treaties should command the same confidence my successors will, I am sure, find other contact points,and respect the same principles as national legal perhaps in other fora such as the Council of Europe, butsystems. In that and our fifth opinion we advocated the where necessary bilateral. One thing is clear, a continuinginvolvement of an independent selecting authority with understanding of EU law and the continuing equality andsubstantial judicial representation in relation to all such the composition of the membership of the judges on theappointments to international courts. Court of Justice of the European Union, is going to be relevant and in the public eye for some time.In 2002, we were approached by the Judicial IntegrityGroup (JIG) in collaboration with the United Nations It has been an enormous privilege to take part inSpecial Rapporteur on the Independence of Judges the exposition, application and, where appropriate,to obtain civil law input into ongoing work to produce development of the common law. I certainly hope toa draft code of conduct for judges. We persuaded the undertake some proper retirement activities, includingJIG to prepare, rather than a code, principles of judicial learning a talent for idleness, but in addition to myconduct and had considerable input into the content. regular hobbies – music, walking, tennis – acquiringThe Bangalore Principles received United Nations perhaps some cooking skills, taking a regular part in aendorsement in 2006 and have had worldwide influence, choir, improving my Spanish and, of course, entertainingbeing included explicitly in the guides to professional grandchildren, but I do also hope to continue toconduct issued by the English and Welsh judiciary as contribute to the law in some form. Although I wouldwell as by the Supreme Court. I joined the JIG myself certainly not compare myself with Ulysses, quite apartand we produced a commentary in 2009 and a guide from some particular traits which he had, I do share histo implementation and are working with the UN on view that it is difficult to shake off a lifetime’s engagementpossible updating. completely, particularly when my other half is clearly going to continue for some years. Odysseus, having atIn 2009, the Treaty of Lisbon introduced Article 255 of last returned to supposed retirement in Ithaca, Tennysonthe Treaty on the Functioning of the European Union put these words into his mouth: ‘I am a part of all that(TFEU), of which the UK was a principal promoter, and I have met… How dull it is to pause, to make an end,which has since acquired a Strasbourg homologue and To rust unburnished, not to shine in use! As though tothat provides for a seven-person panel to report on the breathe were life’.suitability of candidates for appointment as judges oradvocates-general at the European Court of Justice. However that may be, the Supreme Court will, I amFrom March 2010 to this February I served as a member confident, also continue to shine in its continued use withof that panel and I think that panel has been significant. It my successors. I can only repeat how hugely enriching,remains, of course, nation states’ prerogative to nominate as well as pleasurable, it has been to participate in itscandidates but the process of the panel has had a development since 2009 as a fully-fledged institution.marked effect on national selection processes as well I wish it and you all the very best.as on candidates nominated and appointed. We couldonly be overridden unanimously by all EU governmentsand that, of course, never occurred. We rejected quite ahigh percentage of new candidates nominated.We operated under the redoubtable presidency of theHead of the Conseil d’Etat, Jean-Marc Sauvé, who hashimself just retired, and its fellow members includedlatterly the President of the German Constitutional Court.The friendships made on it have encouraged some veryfruitful exchanges by the Supreme Court with both theConseil d’Etat and the Bundesverfassungsgericht.With Brexit coming, I am presumably the first and lastever UK member of that panel, but, happily, I will not bethe only ever common law member, since the Council ofMinisters has had the very good sense to replace me withthe Chief Justice of Ireland, (Master) Frank Clarke – andthat is, I think, significant. The common law is one of theworld’s great systems but in Europe it has been, and withBrexit will be even more, a minority interest.2018 Middle Templar 117

Congratulations!The Inn would like to congratulate the following couples who were marriedin Temple Church and wishes them all the best for the future!Andreas Gledhill married Catherine Callaghan on 21 April 2018. Emma Double and Asa Bennett married at Temple ChurchPhotographer: Fran Hales 2 June 2018.Weddings at Ancient splendour.Middle Temple Unique location. Bespoke quality. All in the heart of London. Email: [email protected] Call: 020 7427 4820118 2018 Middle Templar

COICCOIC welcomes applications for matchedfunding for 2019-20 and 2020-21 pupillagesThe COIC Pupillage Matched Funded Scheme (PMF) helps provide additional pupillages in Chambers, and other approvedtraining organisations, predominantly engaged in legally aided work. Encouragingly, a growing number of Chambers areapplying for COIC matched funded grants. COIC match funded 47 pupillages in 2017 and is set to support 45 pupillages in2018. This is an impressive improvement on the scheme’s first year of operation in 2014, when it supported 14 pupillages.How the scheme works 1MCB ChambersIt is a prerequisite of the scheme that chambers understand We are a set with a long-standing commitment to publiclythat matched funded pupillages are in addition to those funded work. The legal aid cuts that have been imposedthey would have offered in any event. COIC match pupillage over many years have affected many of the most vulnerablefunding already provided by chambers with a total grant in our society, resulting in whole classes of people notof £6K to fund the first six months of a second pupillage. being able to afford access to justice. At the same time feesChambers are now also able to elect to receive an increased have been slashed, with the unsurprising result that chamberslevel of funding of £7K, provided that all pupils in chambers doing large amounts of publicly funded work have had toreceive an income of at least £14K for the year a figure closer review and reconsider the viability of offering pupillage.to the National Living Wage. In this increasingly difficult environment the COIC pupillage matched funding grant has supported 1MCB Chambers toHow to apply offer pupillage. The grant, as a source of funding for the firstApplications to match fund 2019-20 and 2020-21 pupillages six months of pupillage, is invaluable to chambers undertakingare invited between 3 September and 22 October 2018. publicly funded work and this initiative ensures that those setsDecisions will be communicated during the week can continue to offer pupillage. The ability to train pupils incommencing 5 November. Online applications can be chambers where legal aid work is valued is vital to the futuremade at www.coic.org.uk/pupillage-matched-funding commitment of the Bar to publicly funded clients.To find out more please email Hayley Dawes, Bernadette Smith, Head of the Pupillage CommitteeCOIC Secretary: [email protected] Lieven QC, Chair, COIC Pupillage Matched Lamb BuildingFunding Grants Committee As a set with a very strong focus on publicly funded work we have to maintain very tight controls over spending. Despite this, Lamb Building is committed to educating pupils, who are the future of this profession. The matched funding scheme allows us to offer a third pupillage each year to someone who shares our commitment to helping those in society who are often the most vulnerable. We are grateful to COIC as, doubtless, are those many bright and talented people who gain their opportunity to succeed through those extra spaces provided by this scheme. Daniel Darnbrough, Head of Pupillage“The PSU meant I wasn't alone, vulnerable and terrified in court. They The Free Representation Unit has been aroundprovide an essential service.” Client, PSU London since 1972. Since then we have offered an unrivalled opportunity for junior lawyers, particularly BarWidespread cuts to legal aid and the closure of advice centres mean students, to gain advocacy experience at the startthousands more people are being forced to undergo legal proceedings of their careers. Many distinguished silks had theirwithout help. At an automatic disadvantage and under significant stress, first advocacy experience representing a FRU client.most people are confused and overwhelmed, especially when tacklinghugely emotive subjects such as eviction, bankruptcy and child access. We work in the areas of employment, social security and criminal injuries compensation. We act both atPSU volunteers provide practical and emotional support to unrepresented first instance and in appeal tribunals. Many of ourlitigants in the civil and family justice system in 24 court centres in England clients are vulnerable and on low incomes andand Wales. without our assistance they would likely be litigants in person. Each year on average FRU representsBy joining the Friends of the PSU you can help people alone in court gain around 500 clients and trains around 1000 students.access to justice. PSU Friends are also invited to exclusive cultural andnetworking events. Find out more at… To find out how you can volunteer for us or make a donation to support our work, please visit our www.thepsu.org/become-a-friend website www.thefru.org.uk [email protected] us on Twitter: Connect with us on LinkedIn: Like us on Facebook:twitter.com/CourtBasedPSU linkedin.com/company/the-personal- facebook.com/PersonalSupportUnit/ support-unit 2018 Middle Templar 119

NEW MASTERS OF THE BENCH 2017-18New Masters of the Bench2017-18These Masters of the Bench were all Called to the Bench between October 2017 and July 2018, following theirelection by Parliament. They are Called by Master Reader in a ceremony held in Hall attended by their guests,fellow Benchers, members of Hall and students. After dinner, each of the new Benchers is introduced by MasterTreasurer and gives a brief address. Bench seniority is determined by date of Call to the Bar for members ofthe Inn, and at the Treasurer’s discretion for Honorary Benchers. This list is in order of seniority, with the mostrecently called Bencher, ‘Master Junior’ at the end of the list. At each Inn event, ‘Master Junior’ replies to theTreasurer’s toasts to The Queen, Domus and Absent Members.A full list of Masters of the Bench can be viewed on the ‘Members’ section of the Inn’s website. Blondel Thompson The Hon Chief Justice Ian Kawaley Called to the Bar in 1987. A former 100M Women’s British and Called to the Bar in July 1978. Commonwealth Record Holder. Born in Bermuda. Attended In chambers at 1 Fountain Court Oundle School, University of from 1988–2002 when it merged Liverpool and LSE. Practised with St Philips. Her main practice mainly in Bermuda but briefly is in Crime and Regulatory. in Seychelles and at the Bar of Criminal Law practice led to her England & Wales. Obtained a appointment to the International PhD in Law in 1999 (University ofCriminal Court List of Counsel. She has acted as an London-External). Puisne Judge of the Supreme CourtArbitrator Judge for: The Court of Arbitration for Sport of Bermuda (2003-12); Appointed Chief Justice ofLausanne, Switzerland; The Football Association; Bermuda in 2012.Safeguarding Children in Sport; England Boxing andshe acts as a specialist advisor to The National Anti- Professor Stephen ToopeDoping Panel. (Honorary) Paul Lowenstein QC Stephen J. Toope is Vice- Chancellor of the University of Called to the Bar in 1988, and Cambridge. Former Director of took Silk in 2009. He read Law the Munk School of Global Affairs at Manchester and Cambridge at the University of Toronto. Universities. He specialises in He was appointed an Officer of commercial, international and the Order of Canada in 2015. fraud litigation; practising from Previously President of the 20 Essex Street in London. University of British Columbia, the Pierre Elliott Trudeau Chairman of Trustees of the Foundation and Dean of Law at McGill University, Toope International Law Book Facility also served as Law Clerk to the Rt. Hon. Brian Dickson of and part-time Chairman of Bar the Supreme Court of Canada, and as Chair of the United Disciplinary Tribunals. Nations Working Group on Enforced and Involuntary Disappearances. Ben Hubble QC Winston Chu (Honorary) Called to the Bar in 1992 and took Silk in 2009. Ben is a Winston Chu graduated from specialist in professional liability, the Faculty of Laws at University disciplinary, regulatory and College London in 1960 and commercial work as well as on qualified as a solicitor of the associated insurance issues. Supreme Court of Hong Kong Ben was Head of Chambers at in 1964 and of England and 4 New Square from 2013-16 and Wales in 1968. He was the is Chairman of the Professional Founding Partner and later the Negligence Bar Association. Senior Consultant of Messrs. Winston Chu & Company. He is a Justice of the Peace, an Honorary Lecturer of the Faculty of Laws of The University of Hong Kong and a Visiting Professor and Fellow of University College London.120 2018 Middle Templar

His Honour Judge Andrew Bruce Harris (Honorary) Keyser QC Became a full-time arbitrator Called to the Bar in 1986 and specialising in shipping and practised in Cardiff. He took Silk related matters in 1980 after in 2006 and was appointed a 10 years with City solicitors and Recorder in 2001 and a Deputy seven with a mutual insurer. High Court judge in 2008. In 2011 President, London Maritime he was appointed as a Circuit Arbitrators Association 1991-93; Judge in Leeds and the following Chairman, Chartered Institute year he returned to Cardiff as of Arbitrators 1993-94. Joint the Mercantile (now Circuit author of The Arbitration Act 1996: A Commentary, and Commercial) judge for Wales. consultant editor of London Maritime Arbitration. Lover of the arts (performing, especially) and Greece (Milos in Francis FitzGibbon QC particular), and enjoys organising conferences, dinners, parties and entertainment. Called to the Bar in 1986 and took Silk in 2010. He is a criminal Jacqueline Reid practitioner based in London and Newcastle, acting predominantly Called to the Bar in 1992. She for the defence in the most practices in IP & IT law, with serious cases across the country. particular specialisms in trade He also sits as an Immigration marks and data protection. She Judge in the First Tier Tribunal has been a member of the Bar (Immigration & Asylum Chamber). Council’s IT Panel since 2004He was Chair of the Criminal Bar Association of England and Chair since 2011. She was& Wales for 2016-17. He is a regular contributor to involved in IP Inclusive, a diversitythe London Review of Books on legal matters, and to initiative for IP professionals, fromThe Times. its inception and has worked with the Bar Pro Bono Unit since 2003. Anna Lawson (Honorary) Gavin Mansfield QC Professor Lawson is a professor of law at the University of Leeds, Called to the Bar in 1992. Gavin is becoming the UK’s first blind a member of Littleton Chambers, woman law professor in 2013. and specialises in employment, She is director of the University’s commercial and partnership Centre for Disability Studies and disputes. He took Silk in 2013. co-ordinator of the Law School’s He was Chair of the Employment Disability Law Hub. Her work Law Bar Association from 2015-17. focusses on disability and social He is editor of Blackstone’sjustice at international, European and national levels. Employment Law Practice, andHer books include The United Nations Convention on a contributing author to Bloch & Brearley Employmentthe Rights of Persons with Disabilities: A Comparative Covenants and Confidential Information.Analysis of the Role of Courts with Lisa Waddington.Anna has played lead roles in numerous multinational Zoë O’Sullivan QCinterdisciplinary research projects, including the EU’sAcademic Network of Experts on Disability. She regularly Called to the Bar in 1993 andadvises governments and international organisations took Silk in 2015. She practises inand is a long-standing advisor to the British Equality and the field of commercial litigationHuman Rights Commission and the Council of Europe. and arbitration from One Essex Court. She is a former member The Hon Mrs Justice Karen and Chair of the Hall Committee. Ramagge Prescott She coaches the Inn’s Vis Moot team and acts as a sponsor and Called to the Bar in 1988. She mentor to Inn members. read Law at Bristol University. From 1988-90 she practised law Andrew Burns QC in Gibraltar. Between 1990-94 worked as Crown Counsel in Master Andrew Burns specialises Chambers of H.M. Attorney in employment law, injunctions, General. In 1994 set up her own industrial relations and chambers in Crime, Personal commercial law at DevereuxInjury and Family. In 1999 became a CEDR Accredited Chambers. He was appointed amediator and Chairman of the Industrial Tribunal. In 2007 Crown Court Recorder in 2009,she qualified as a Notary Public in the UK and became took Silk in 2015 and was calledfirst woman to be appointed a Notary Public in Gibraltar. to the Bench earlier this year. HeAppointed Stipendiary Magistrate, and H.M. Coroner is an advocate of the DIFC Courtsfor Gibraltar. In 2010 appointed as the first female in Dubai. He has taught advocacy and ethics for the InnPuisne Judge of the Supreme Court of Gibraltar. for a number of years and helped initiate its equality and diversity training.2018 Middle Templar 121

Alexander Macqueen Dame Janice M. Pereira DBE (Honorary) Called to the Bar in 1999. Educated at Durham University Appointed first female Chief and Pembroke College, Justice of the Eastern Caribbean Cambridge. Completed his Supreme Court in 2012. She pupillage at 4 Breams Buildings joined the Eastern Caribbean and 11 Stone Buildings, Supreme Court as a High Court then practised briefly before Judge in 2003 and later was becoming an actor in 2002. elevated to the position of He is best known for his role as Justice of Appeal in 2009. In MayNeil’s Dad in the Channel 4 comedy The Inbetweeners, 2013 she was appointed Dame Commander of the Orderand Julius Nicholson in the BBC’s the Thick of It. Other of the British Empire. She was one of the first femalecredits include Julia Davis’s Hunderby, Shane Meadows’s Virgin Islanders to be Called to the Bar of the VirginThis Is England 88, the BBC’s Peaky Blinders and Charlie Islands; the first Virgin Islander to be appointed to theBrooker’s Black Mirror. He starred opposite Michael Bench of the Eastern Caribbean Supreme Court; and theCaine in Paulo Sorrentino’s Youth and opposite Kenneth first female to be appointed to the Court of Appeal.Branagh in the west end revival of The Painkiller. He isan Ambassador for Macmillan Cancer and the British Professor Nigel WeatherillHeart Foundation. (Honorary) His Honour Judge Simon After some years in industry Medland QC he began an academic career that has seen him hold senior Called to the Bar in 1991 and positions in the UK at both practised in crime throughout Swansea and Birmingham his career. Appointed a Recorder Universities and then around in 2005, he took Silk in 2011 and the world, including Adjunct was appointed a Circuit Judge in Professor at the US National 2018. He was in 23 Essex Street Science Foundation Engineering Research Centre in until 1999, moved to Linenhall Mississippi and Scientist-in-Residence in Singapore. He Chambers, Chester and then has had national responsibilities, including ExecutiveExchange Chambers, Liverpool after taking Silk. Director of the National Higher Education STEM (Science,He sits at Preston Crown Court. Technology, Engineering and Mathematics) Programme for England and Wales. In September 2011 he was Ivana Bacik appointed Vice-Chancellor and Chief Executive Officer of Liverpool John Moores University. Ivana Bacik was Called to the Bar in 1992. She is a Senator for His Excellency Robert Wood Dublin University (first elected Johnson IV (Honorary) 2007), Reid Professor of Criminal Law, Criminology and Penology Ambassador Johnson was at Trinity College Dublin, and sworn in as Ambassador of a barrister. She has published the United States of America extensively on criminal law, to the Court of St James’s on criminology, human rights, 21 August 2017. He presentedconstitutional law and related matters, and has a long his credentials to the Unitedtrack record of campaigning on feminist and human Kingdom’s Foreign andrights issues. She was made a Bencher in 2018. Commonwealth Office 8 days later. He served for more than 30 years as the Chairman The Hon Mr Justice Frank and CEO of The Johnson Company; and since 2000 as Clarke (Honorary) the Chairman and CEO of the New York Jets football team and New York Jets Foundation. He is the Founding Mr. Justice Frank Clarke was Chairman of the Lupus Research Alliance and worked appointed Chief Justice of for many years with the Juvenile Diabetes Research Ireland in July 2017. He was Foundation. Called to the Bar of Ireland in 1973 and to the Inner Bar in 1985. Adrian Williamson QC He was appointed a judge of the High Court in 2004 and a judge Called to the Bar in 1983. He of the Supreme Court in 2012. joined Keating Chambers in 1989 and has practised since then in construction law, taking Silk in 2002. He is a Recorder (Civil 2004 and Crime 2009) and a Deputy High Court Judge (2010). He has also pursued a career as an historian, securing a PhD at Cambridge in 2014 and becoming a Fellow of the Royal Historical Society in 2015.122 2018 Middle Templar

Her Honour Judge Clive Coleman (Honorary) Jane Probyn Called to the Bar in 1988. Clive Coleman is the BBC’s Legal Specialist family practitioner. Correspondent, a role he arrived Appointed a Recorder in 2003 at via a career as a barrister, and a Circuit Judge in 2013. She Principal Lecturer in Law, and sits as a family Judge in the East then one of the country’s leading London Family Court and was comedy writers. From 2004-10 appointed a Deputy High Court he presented the BBC’s flagship Judge in 2016. She is an advocacy legal analysis programme trainer and enthusiastic supporter Law In Action on Radio 4, a of students and the Bar. role for which, in 2009, he won the Bar Council’s Legal Broadcasting Award. He has presented many other Aidan Christie QC television and radio programmes for the BBC including Called to the Bar in 1988. Panorama, Profile, Pick of the Week, The Cases That Practises in commercial law, Changed Our World. He began his career as a barrister specialising in insurance/ in 1986 at 2 Harcourt Buildings. He practised in both reinsurance, professional civil law and crime, for prosecution and defence. negligence and financial services. He sits as a Recorder in crime Alderman William Russell and civil. He is a Deemster in the (Honorary) Isle of Man High Court and an occasional Judge in the Court of Sheriff of the City of LondonAppeal in the Isle of Man. He also sits as an Arbitrator. He 2016-17. Educated at Etonis a barrister member of the Board of the Bar Standards College and Durham University.Board and Chair of the Professional Conduct Committee. He went on to work for First Boston Corporation before Andrew Moran QC joining Merrill Lynch in 1992. Called to the Bar in 1989 He is currently Chairman of and took Silk in 2016. He has CDAM, an asset management Chancery/Commercial practice. business in London. He has been Chairman of PCUK, and He graduated with a first class is Deputy Chairman of Place2be, a mental health charity. degree in law from University He supports the Royal Court Theatre and is on the board College, London, and then took of the Guildhall School of Music and Drama. a Bachelor of Civil Law at New College, Oxford University. Alderman Peter Estlin (Honorary) Dame Helen Frances Ghosh DBE (Honorary) Senior banker with over 35 Read Modern History at St Hugh’s years’ experience in banking College, Oxford and completed and finance, having worked an M.Litt in 6th Century Italian in Bristol, London, Singapore, History at Hertford College. Hong Kong and New York. He She joined the Civil Service Fast is currently a senior advisor Stream in 1979 and over a 30 to Barclays, an independent year career, worked in a variety member of HMT Audit & Risk of Departments including the Committee and latterly a Commissioner of the LondonDepartment of the Environment, Cabinet Office, Inland Fairness Commission and Chairman of the British AirwaysRevenue and Work and Pensions. She was Permanent International Advisory Board. He is actively involvedSecretary in two Departments: at the Department for in Livery, being Master of the Worshipful Company ofEnvironment, Food and Farming from 2005-10, and International Bankers in 2017-18. He is involved withat the Home Office from 2010-12. In 2012 she left the several education and financial inclusion charities,Civil Service to become Director General of the National including Onside Youth Zones, Teach First and Trust forTrust. Since April 2018, she has been Master of Balliol London. He was Sheriff of the City of London in 2016-17College, Oxford. and will be, subject to election, the 691st Lord Mayor of the City of London in 2018. Trevor Soames Called to the Bar in 1984. Brussels based competition and regulatory law attorney and advocate. Called 1984. Solicitor- Advocate and Avocat au Barreau de Bruxelles. Resident in Brussels since 1993. Managing partner of the Brussels office of Quinn Emanuel Urquhart & Sullivan LLP. Also photographer.2018 Middle Templar 123

Fenella Morris QC David Joseph QC Master Fenella Morris was Called Called to the Bar in 1984 and to the Bar in 1990. Took Silk in took Silk in 2003. David is a 2012. Specialises in public law, commercial Silk practising at human rights and discipline and Essex Court Chambers. He regulation. Joint head of the read law at Pembroke College, Public Law Team at 39 Essex Cambridge. David has been Chambers. Trustee of the Free heavily engaged in the work Representation Unit. Author of of the Executive Committee a number of texts on the Mental of COMBAR, in particularCapacity Act 2005 and contributor to Disciplinary and developing its programmes for students and recentlyRegulatory Proceedings. qualified barristers as well as expanding their work in overseas jurisdictions. The Hon Mr Justice David Barniville Sibby Salter Appointed to the High Court of Called to the Bar in 1991. Read Ireland in December 2017. He Law at Cambridge. In chambers was Chairman of the Council of at 3 Temple Gardens, specialises the Bar of Ireland (2014-16). He is in Criminal Law. In the early Chairperson of Irish Rule of Law part of her career she lectured International. Fellow (now Judicial and tutored undergraduates Fellow) of the International alongside practising at the Society of Barristers and the Criminal Bar. She is an advocacyInternational Academy of Trial Lawyers. Called to the Irish trainer for Middle Temple and aBar in 1990. Senior Counsel in October 2006. Bencher of member of her Chambers Education Committee withThe Honorable Society of King’s Inns. Called to the Bar of a particular interest in sentencing.England and Wales in 2016. Member of 20 Essex StreetChambers. Kama Melly QC Dame Minouche Shafik DBE Called to the Bar in 1997. She (Honorary) has a predominantly criminal practice in Leeds, specialising Leading economist, whose career in cases involving vulnerable has straddled public policy and witnesses and sexual offences. academia. She was appointed Kama chaired the Bar Conference Director of the London School in 2015. She took Silk in 2016 and of Economics and Political was appointed Recorder in 2018. Science in 2017. She trained as She is the Bar Representative an economist, studying at the on the MOJ working group for pre-recorded evidence University of Massachusetts and one of the National Lead Trainers for VulnerableAmherst, the LSE and the University of Oxford and, by Witnesses Advocacy Training.the age of 36, had become the youngest ever Vice-President of the World Bank. She later served as the Jessica LeePermanent Secretary of the Department for InternationalDevelopment from 2008-11, Deputy Managing Director Jessica Lee was Called to theof the International Monetary Fund and as Deputy Bar in 2000. She practisesGovernor of the Bank of England from 2014-17. A Trustee family law and served on theof the British Museum, the Council of the Institute for Hall Committee 2016-18. SheFiscal Studies and is Honorary Fellow of St. Antony’s is an advocacy trainer and wasCollege, Oxford. She was made a Dame Commander of a Member of Parliament 2010-the British Empire in 2015. 15 and served as Parliamentary Private Secretary to the then Professor Natalie Lee Attorney-General, Dominic Grieve QC MP. Called to the Bar in 1974. Emeritus Professor of Tax Law at The Rt Hon David Gauke MP Southampton University. Before (Honorary) retirement, she was course leader in Tax Law and Trusts and held David Gauke MP was appointed the position of Head of School. Lord Chancellor and Secretary She was General Editor and of State for Justice on 8 January co-author of the annual book, 2018. He read law at Oxford Revenue Law: Principles and University and qualified as a Practice, General Editor of Private solicitor in 1997. He entered Client Business and author of Parliament in 2005, becoming many articles. a shadow Treasury Minister in June 2007. David served as the Chief Secretary to the Treasury from July 2016 to June 2017.124 2018 Middle Templar

OBITUARY: MASTER HELEN ALEXANDERMasterHelen Alexander1957 – 2017Businesswoman and former chief executive of Fontainebleau, France and she was always proud of herthe Economist who became the first female forebears. Her father, Bernard Alexander, was a Britishpresident of the Confederation of British lawyer who worked for the UNHCR in Geneva, whereIndustry (CBI). Helen was born; her mother, Tania (née Beckendorff) was a Russian emigre born in St Petersburg.It was not only being a woman that made HelenAlexander different from her predecessors when she was She started out with the publishers Gerald Duckworthappointed president of the CBI, the British employers’ (1978-79) and Faber & Faber (1979-83) before joiningorganisation, for two years from 2009. She was also the Economist Group as a marketing manager in 1985.relatively young for the role, and hers was a calm, even There, she worked her way up to become managingself-effacing, personality – a quality not always associated director of the Economist Intelligence Unit fromwith CBI presidents. And, unlike the others, she was not a 1993-97, when she took over as the group’s chiefbig company person, having made her name as chief executive until 2008. In this time The Economist sawexecutive of the Economist, the weekly magazine-format circulation surge nearly 50% and operating profits risenewspaper, during its period of rapid global expansion by 75%. In 2004 she was awarded a CBE for services tobetween 1997-2008. publishing and would go on to gain a DBE for services to business in 2011. She was made a chevalier of theAll this helped to make Helen the ideal CBI leader at a Légion d’Honneur in 2015.time when the economy was in deep trouble and trust inbusiness was rapidly collapsing. She was a good listener, Her views on the benefits of diversity in businessand a great networker, and she was unflappable even were expressed most clearly last November in thethough there was plenty to flap about. There was not an independent but government-backed Hampton-ounce of pomposity in her, she carried no political Alexander Review. This focussed on the need to getbaggage, and by no stretch of the imagination could she more women involved in senior positions in Britishbe dismissed as a fat cat. business, and not just at board level. The argument was based on economics more than on fairness:Traditionalists wondered how someone from such a bridging the UK gender gap in work by 2025 haddifferent background would go down with the business the potential to add 5 to 8% to GDP on top of business-grandees who sat on the CBI president’s committee and as-usual forecasts, the review claimed. That is whatwere accustomed to seeing one of their peers chairing you would get from drawing on the UK’s entire talenttheir meetings. But this turned out to be a non-issue. pool more completely, and creating many moreShe quickly won over the chairs of the FTSE 100, and female employees.the membership followed suit. She was fascinated bywhat made businesses work, and loved visiting them all She did not set out to be a role model, but that is whatover the UK. Her set piece speeches were thoughtful she became – and not just for women. Businessand clear rather than hectoring – and most of the leadership, she demonstrated, did not have to come atpoliticians listened. the expense of family life. It was always clear – not in an obtrusive or clumsy way, but never leaving any room forWhat was needed at this time of financial crisis was a doubt – where her priorities lay: with her husband, theleadership style that was collegiate, reflective and, when media executive Tim Suter, and their children, Nina,necessary, decisive – one that was firmly built on solid Gregory and Leo, all of whom survive her. The familypersonal values. That was exactly what Helen provided. played together, visiting all the Olympic Games from Athens onwards, and made big decisions together,At one level, she was a product of the establishment, a including those arising during Helen’s illness. It was ongraduate of the prestigious St Paul’s girls’ school and these solid foundations that her successes were built.Hertford College, Oxford, where she gained a geographydegree. But there was much more to her than that. Master Helen Alexander died 5 August 2017.To broaden her international experience, she took an Extracted from, and reproduced by kind permission of,MBA at the Insead graduate business school in The Guardian. 2018 Middle Templar 125

OBITUARY: MASTER MARGARET TURNER-WARWICKMasterMargaret Turner-Warwick1924 – 2017When Margaret Turner-Warwick entered the field in London. She served as dean of the institute (1984-87),of respiratory medicine in the 1950s, it was a which is now part of the faculty of medicine of Imperialtime of great change. Effective treatment for College London, and in 1991 was made a dame.tuberculosis had recently been introduced, andthe adverse effects of cigarette smoking on the Her growing reputation as a physician led to patients withlung were beginning to be appreciated. uncommon and, on occasion, unrecognised respiratory diseases being referred to her from throughout the UK.The focus of academic research had been limited to Physicians from around the world visited Bromptonunderstanding and measuring lung function, but with her hospital to learn from her clinical insights and experiencecolleagues, Margaret expanded it to include the and she was invited to lecture widely in the UK andimmunology of the lung, and particularly of the fibrosing abroad, particularly in the US and Australia.lung diseases. She showed that they were associated withautoimmune diseases, rheumatoid arthritis, systemic Margaret was notable for her great generosity,sclerosis and the severe form of lupus known as systemic intellectually and personally. She gave many of her juniorlupus erythematosus, and she demonstrated the clinical staff ideas which formed the basis of publications,presence of relevant auto-antibodies in the blood. which provided a foundation for their future careers. She lent her home on the Dorset coast to colleagues andIn her other major area of interest, asthma, she their families. Margaret combined her career with a veryrecognised different clinical patterns, based on happy family life. In 1950 she married Richard Turner-differences in the patterns of peak flow records – rates of Warwick, a surgeon, and they had two daughters, Lynneforceful exhalation – requiring different treatments. She and Gillian.was also responsible for several early clinical trials, mostnotably with inhaled corticosteroids, that have formed Her period as the first female president of the Royalthe mainstay of modern treatment. Her recognition of the College of Physicians (RCP), from 1989-92, coincided withimportance of immunological mechanisms in lung the introduction by Kenneth Clarke as health secretary ofdisease led to the publication of many research papers the internal market into the NHS. Margaret was typicallyand of her book Immunology of the Lung (1978). constructive. While not opposing the proposed reforms, she pointed out to the government her concerns aboutBorn in London, she was the daughter of William Harvey the implications for research and education and forMoore QC, and his wife, Maud (née Baden-Powell). She continuity of clinical care. She persuaded her colleaguesdecided on a career in medicine from an early age, and in in other royal colleges that to be effective they had to1943 went from St Paul’s girls’ school on an open present their views as a single voice: in 1996 the existingscholarship to Lady Margaret Hall, Oxford, one of a quota conference organisation was renamed the Academy ofof 7% of female medical students admitted to the Medical Royal Colleges.university in her year. Asked about how she had coped with a professionalAfter completing her clinical training and early posts at world dominated by men, Margaret said that being in aUniversity College and Brompton hospitals in London, in small minority at Oxford had taught her to take no notice.1961 she was appointed a consultant physician at She nonetheless became a role model for the manyElizabeth Garrett Anderson hospital, and six years later to women who entered medicine in the subsequenta part-time consultant post at Brompton and London generation.Chest hospitals and a senior lecturership at the Instituteof Diseases of the Chest. When, in 1972, she became She is survived by Richard, her daughters, fourprofessor of medicine (thoracic medicine) at what had granddaughters and two grandsons, and fournow become the Cardiothoracic Institute, University of great-grandchildren.London, she was, with Sheila Sherlock at the Royal Freehospital, one of only two female professors of medicine Master Margaret Turner-Warwick died 21 August 2017. Extracted from, and reproduced by kind permission of, The Guardian.126 2018 Middle Templar

OBITUARY: SIR CLIFFORD HUSBANDSSirClifford Husbands1926 – 2017Sir Clifford Straughn Husbands was the Governor Husbands assumed the roles of Assistant to theGeneral of Barbados. Husbands maintained Attorney-General and Legal Draftsman upon his returnuninterrupted tenure as Governor General from to Barbados in 1960.1996, retiring in 2011. He was appointed Director of Public Prosecutions (1967)Husbands was born at the Morgan Lewis Plantation on and later Queen’s Counsel in 1968. In 1976, Husbands5 August 1926. Educated at the Selah boy’s Elementary became Judge of the Supreme Court and in 1991 Justiceschool, the young Husbands continued his education of Appeal.at the Parry School and later the prestigiousHarrison College. In 1986, Husbands was awarded the Gold Crown of Merit in recognition of his unflaging service to the nation. HeAfter completing his education, Husbands returned to was made a Companion of Honour in 1989 and in 1995Parry School where he taught for three years. Shortly he received the highest national honour when he wasafterwards, he left for England where he studied Law at granted the rank and title of Knight of St. Andrew.the Middle Temple. He was Called to the Bar in 1952.He was made an Honorary Bencher of the Inn in 2007. Sir Clifford became Governor General of Barbados on 1 June 1996. He was preceded by Denys Williams,  A ll who worked with acting Governor General following the death of him, were beneficiaries Dame Nita Barrow. of his wise counsel… He was a man of great In his sermon, at Sir Clifford’s funeral, Canon Noel Burke perception and always said although the entire nation was in mourning, Sir looked for the solution Clifford’s life was marked by his service to the island. behind the problem. Canon Burke, who shared reflections from Sir Clifford’s peers, said:After returning to Barbados, Husbands practiced law inthe Chambers of Mr. W.W. Reece (1952-54). He acted as They recalled his exemplary character, they also reflectedDeputy Registrar in 1954 later taking on various judicial that he was ever the teacher, sound in his knowledge ofposts across the English speaking Caribbean. the law and sharing that knowledge with those in the office. On reflection, they confessed that they have lost a very dear friend of wise counsel. All who worked with him, were beneficiaries of his wise counsel…He was a man of great perception and always looked for the solution behind the problem. He urged people to reflect on the life of an attorney-at- law, a legal draughtsman, a senior judicial officer, a former Governor General, an ardent agriculturalist and a statesman. He was predeceased by his wife Lady Ruby Husbands. Master Clifford Husbands died 11 October 2017. 2018 Middle Templar 127

OBITUARY: MASTER CHRISTOPHER PITCHFORD MASTER IGOR JUDGEMasterChristopher Pitchford1947 – 2017Christopher was my friend. The end of his life needed to go around the country trying the heaviest, mostshould have been kinder. He deserved better. complex and sensitive criminal cases, but sitting with him asI mourn his death. But even as I speak of these I did in the CA CD, it was obvious that his talents were alsosadnesses, just thinking about him, the man, admirably suited to sit as a Presider in that Court. So Ithe human being, brightens the day, radiating suspect that to the surprise of no one except those whowarmth in the cold and here comes the sun underestimate modesty, and Christopher himself (who,to light us up. when I told him, was indeed visibly surprised), he was appointed a Lord Justice of Appeal.My first encounter with Christopher was when hewas a QC. I was presiding in the Court of Appeal (CA) His talents undiminished, within a very short time heand the Court of Appeal Criminal Division (CD), and for was invited to take over as President of the Council ofthe appeal to succeed he had to persuade us that an the Inns of Court. These are four separate ancientearlier decision of the court, presided over by that great institutions, all on the same journey, to produce andman of Wales, Sir Tasker Watkins VC GBE PC QC DL, continue to produce independent minded men andhad sent the law down the wrong route. His task was not women needed by the Bar, to serve the interests ofmade easier by the fact that I had been sitting with the wider community. Although they are on the sameTasker and was party to this apparently inappropriate journey, they travel by different routes, and each tendsdeviation of the law from its true path. It was therefore a to be persuaded that its own route is best. Bringinghuge forensic task requiring that indefinable quality of them together to a coordinated and cohesive approachforensic courage. Telling a senior judge that he had got to the achievement of their shared objectives was andit wrong last time takes courage. Personally and remains an immense task. Christopher’s ability toprofessionally Chris never lacked courage. Beyond that, appreciate every different view, to find where there washowever, he was blessed with that further indefinable common ground, and his persuasiveness, and wherequality, good judgment. Shouting, aggression does no appropriate, directness were admirably suited to thegood. It must be done calmly, persuasively. I can’t now burdens. And simultaneously he was giving judgmentsremember whether the appeal was won or lost, but from in the CA CD, all without unnecessary garnishing, alltime to time he mentioned that earlier case, and did so without any anxious parade of knowledge, all readilywith a chuckle, which I think means that he probably did understandable by the non-lawyer as the lawyer, andwin. You all remember that chuckle. all without adding complexity to the criminal law.We first met personally shortly after he had been Then, as his retirement approached, he was asked toelected Leader of the then Wales and Chester Circuit, undertake the inquiry into Undercover Policing sinceand I was the SPJ, visiting Cardiff. The election as 1964. Again, an admirable choice, but I underline theLeader is the greatest compliment that a Circuiteer can date. The enquiry goes back to undercover work asbe paid by his colleagues. We immediately got on. it was practiced in his schooldays. It will take years.He was direct with me, and perhaps more significant, Only someone with a profound sense of public dutydirect with the Circuit about how he saw the future would have accepted this formidable responsibilityand the need of the Bar in Wales, however reluctantly, and postpone a well-earned retirement. Now, of course,to accept and eventually embrace that future and there will be no retirement at all.its consequences. Even if to do so would involveunwelcome change. But he spoke it as he saw it. This outline of his distinguished judicial career speaksThat was leadership. Time’s revolutions have shown that for itself. It is very simple. Christopher made a majorhe was right. However the quality of his work as a QC contribution to the administration of criminal justice inand as a Recorder meant that his time as Leader was Wales and in England. Whether sitting with him, orcurtailed by appointment as a High Court Judge in the when discussing a problem, I always valued his opinions.Queen’s Bench Division. Within a short time he returned I particularly valued them just because I knew that heto his beloved Wales as the Presiding Judge where he would not agree with me unless he did actually agree.served his country well. And we never failed to find a smile at the end of every meeting. But perhaps my abiding memory will be of twoWhen that appointment came to an end he took on essential judicial qualities, his innate sense of fairnessthe responsibilities of the Criminal Committee of the and his deep personal humility. Christopher was one ofJudicial Studies Board, and simultaneously, more or less, the least vain people I have ever met. He would havehe was appointed to the Sentencing Guidelines Council. been astonished at the number of us who have come toSelf-evidently his major contribution was in the criminal his funeral to mark our friendship and our admirationjustice field. He was the kind of admirable judge that and to pay our respects to this special human being. Master Christopher Pitchford died 18 October 2017.128 2018 Middle Templar

OBITUARY: MASTER JEREMY HUTCHINSON MASTER GEOFFREY ROBERTSONMasterJeremy Hutchinson1915 – 2017For a quarter of a century, from 1960 to 1985, Hutchinson took Silk in 1960, and made his firstJeremy Hutchinson was the finest silk in contribution to British history, alongside Geraldpractice at the Criminal Bar. He defended Gardiner QC, in defending Penguin Books forLady Chatterley, Fanny Hill and Christine publishing Lady Chatterley’s Lover. It was JeremyKeeler (the latter, in the flesh), the atom spy who took Professor Richard Hoggart (the ‘man ofGeorge Blake, and then the editor of The Daily the match’ for the defence) through his evidence.Telegraph and later the journalist Duncan He aroused the ire of the judge when he calledCampbell in two cases which led to the reform Roy Jenkins MP, the architect of the new Obsceneof the Official Secrets Act. Publications Act, to tell the jury what judges think jurors should never be told – namely Parliament’sIn the ‘ABC’ case, (in which Campbell was ‘C’) he intention. Jenkins started to explain (before he wasexposed the secret service ‘vetting’ used to debar stopped by the judge) that the whole point of itsleft-wingers from political trial juries. He performed a new ‘literary merit’ defence was to prevent thesmall miracle in achieving the acquittal of Howard prosecution of books like Lady Chatterley’s Lover.Marks, guilty (by his later account) of trafficking drugs.He added a forensic service to the Arts (on top of his  H utchinson devastatinglyChairmanship of the Tate and Vice-Chairmanship of cross-examined militarythe Arts Council) by ending the cultural vandalism of intelligence witnessesMary Whitehouse, whose attempt to prosecute the over the ‘absurdity’ ofNational Theatre for staging Howard Brenton’s The their claims to secrecyRomans in Britain collapsed after his (and the Old for locations so easilyBailey’s) most remarkable cross-examination. identifiable by their microwave towers thatJeremy Hutchinson was born in 1915 into the heart they had been includedof what became the Bloomsbury group. His father was on a map issued toa successful QC; his mother (a close friend of artist Aeroflot pilots.Clive Bell) had been the model for Virginia Woolf’s MrsDalloway, and at age 14 his first bow tie was tied for him Hutchinson’s other expertise was in doing battle withby Lytton Strachey. After Stowe and Magdalen College, the security services. George Blake had confessed,he followed his father into practice at the Criminal Bar, but other alleged spies were acquitted thanks to hiswith both his career and his marriage interrupted by war advocacy, as was Telegraph editor Brian Robertsservice. Juggling his pacifism with his hostility to Hitler, after a trial, involving Jonathan Aitken as well, whichhe volunteered for non-combatant service in the navy, discredited the dragnet section 2 of the Officialand was wireless operator aboard HMS Kelly when it Secrets Act.was sunk off Crete. He was rescued after some hoursin the water, although not before Peggy [Ashcroft, his On the opening day of the ‘ABC’ trial, he discoveredfirst wife], eight months pregnant, was told he had by chatting to an incautious Old Bailey clerk that thebeen drowned. prosecution had made a clandestine application to a subservient judge to ‘vet’ the jury panel. This practiceThis was a marriage that lasted until 1965, during had been secretly used in ‘political’ cases and Jeremy’swhich they formed a ‘power couple’ fusing arts and advocacy blew it up into a national scandal.law: she the great performer on stage, and he in court.They gradually grew apart (‘I would be at work all dayand she would be working at night’) but he alwaysspoke generously of the happiness she had broughtand her devotion to their two children. The tworemained good friends until Peggy’s death in 1991.Shortly after the divorce he married June Osborn, awidow of the concert pianist Franz Osborn. They hadmet when she had been called for jury service at theOld Bailey and they lived devotedly together untilher death in 2006.2018 Middle Templar 129

The State threw all its might behind this attempt to jail Mortimer recalls a typical Hutchinson pitch along theCampbell for up to thirty years, charging him with two lines ‘my poor, poor client, members of the jury, takenoffences against Section 1 of the Official Secrets Act down to the police station and cross-examined for hoursfor investigative journalism that identified Government and hours by – well you have seen that policeman.Communications Headquarters (GCHQ) – until then Wouldn’t you have signed anything just to get awayan official secret – and other listening posts which from him?’ Rumpole picked up Jeremy’s habit ofwere subject to ‘D’ notices. Hutchinson devastatingly referring to the judge, with obviously feigned affection,cross-examined military intelligence witnesses over as ‘that poor old darling on the bench’.the ‘absurdity’ of their claims to secrecy for locationsso easily identifiable by their microwave towers that they Jeremy Hutchinson had stood for Labour in the 1945had been included on a map issued to Aeroflot pilots. election, and remained faithful until the 1979 split,The first trial had to be stopped (after Christopher when he somewhat shamefacedly (he made theHitchens revealed that the jury foreman was ex-SAS), announcement to friends with a turn of his coat) joinedand the Section 1 charges collapsed as a result of the Liberals. This brought an instant peerage, and theJeremy’s assaults on them: Campbell received only a opportunity to enliven debates on criminal justice withconditional discharge. The government’s first attempt to interventions to protect defendants’ rights during thetreat investigative journalists as spies ended in failure. Thatcher years. Taking his cue from the coffee-cup adage ‘Old lawyers never die, they just lose theirHutchinson varied his career as an advocate – always appeal’, he retired at 70 to spend time at his countryhis first love – with public service. He was the recorder home in the village of Lullington, surrounded by a fineof Bath (1962-72); a member of the Arts Council of collection of pictures by Duncan Grant. He was a regularGreat Britain, and for part of the time, Vice-Chairman attendee at the nearby Charleston Literary Festival, and(1974-79); a Trustee of the Tate Gallery (Chairman enjoyed reminiscing, at long lunches at the Tate Gallery1980-84) and Chairman of London Historic House restaurant with John Mortimer, about the pleasures ofMuseum Trust (1988-93). He served on a number not having to ‘go down the Bailey’ to incant ‘with theof legal committees, most notably one chaired by greatest respect, My Lord, to ‘old darlings’ towardsLord Devlin which reformed the law relating to whom they did not feel much respect at all.identification evidence – then a potent cause ofmiscarriages of justice. He had been a Master of After a long and quiet retirement among neighboursthe Bench of the Middle Temple since 1963. who had little idea of his adventures of the Bar, the approach of his centenary brought a new lease of life,His most long-lasting role was to be immortalised by when he was discovered as a national treasure.his friend John Mortimer in the composite character A book by Thomas Grant – Jeremy Hutchinson’s Caseof Rumpole of the Bailey. Rumpole, said Mortimer, was Histories (2015) was an unexpected best-seller, andan amalgam of three barristers: the cunning of his father he made appearances on Desert Island Discs and(the blind Clifford Mortimer), the doggedness of James The Guardian interviews with Alan Rusbridger.Burge (the junior counsel who was never promoted to These appearances showed him as mischievoussilk because he had defended Stephen Ward), and and eloquent as ever.Jeremy, ‘who brought to the Old Bailey the ever soslightly amused voice of Bloomsbury’. Master Jeremy Hutchinson died 13 November 2017.  A book by Thomas Grant – Jeremy Hutchinson’s Case Histories (2015) was an unexpected best-seller, and he made appearances on Desert Island Discs and wThiteh GAulaanrdRiuansbinridtegrveire. ws130 2018 Middle Templar

OBITUARY: MASTER THOMAS FINLAYMasterThomas Finlay1922 – 2017Thomas Finlay brought outstanding personal right done in the case before him than in producingqualities of industry, intellect, integrity, judgment elegant expositions of the law that would provideand courtesy to a career in law that culminated future guidance.in serving as Chief Justice of Ireland from1985-94. His judgment in the X case, in 1992, permitting an underage pregnant girl who threatened suicide to go toBorn in September 1922, he was the younger of two sons England for an abortion, was characteristic in itsof Thomas Finlay, a Cavan-born barrister whose death in pragmatism. He realised that on such issues the courts1932, at the age of 39, was a sorrow the younger Tom felt could not afford to outrage public opinion.all his life. He studied at University College Dublin, wherehe was auditor of the Law Society. Called to the Bar of Instinctively deferential to the executive and legislatureIreland in 1944, he combined practice on the Midland except where individual rights were infringed, Finlay wasCircuit with an interest in Fine Gael politics, and he was in a minority on the Supreme Court in 1986 upholdingelected to the Dáil for Dublin South-Central in 1954. legislation giving effect to the Single European Act. If hisLosing his seat in 1957, he concentrated thereafter on view had prevailed the country would have been spared athe law but always displayed considerable respect for succession of referendums in subsequent decades topoliticians and, as a judge, defended their prerogatives. approve amendments to the treaties of the European Communities.He became a Senior Counsel in 1961. A stocky man, heeschewed the swagger of the fashionable barrister but His respect for individual rights was evidenced by awas admired for his thoroughness and as a doughty unanimous verdict of the Supreme Court makingfighter who served all clients equally well. He cemented absolute the rule that evidence obtained as a result ofhis reputation as a leader of the Bar in the arms trial in a breach of a constitutional right was inadmissible.1970, when Charles Haughey and three others were triedfor conspiracy to import arms illegally into the State. Although he had felt the strain of overwork in his lastAppearing for Captain Kelly, who was central to the years as Chief Justice, he went on working in retirement.alleged conspiracy, he discredited the minister of He reported on a riot of British fans at a soccerdefence James Gibbons, the chief prosecution witness. international in Lansdowne Road, on the misdeeds ofAll the accused had to be acquitted. the Irish Blood Transfusion Service and on the newspaper industry. He chaired commissions setting out argumentsIn 1971 Finlay was briefed by the Fianna Fáil government for and against amendments of the Constitution for thewhen it responded to the ill treatment of detainees by benefit of voters. He returned to the game of rugby,security forces in Northern Ireland by charging Britain which he had played at UCD, to serve on a tribunal ofwith torture before the European Commission of Human appeal for players found to have used bannedRights. His argument convinced the commission that the substances.complaint should be ruled admissible despite theavailability of a domestic remedy to the victims in the Finlay was a companionable, tactful man, charitable incourts of Northern Ireland. his judgments of others. His main relaxations were shooting and fishing. Remaining remarkably fit into oldThe government showed its appreciation by appointing age, he was a devoted carer to his wife, Alice, throughFinlay to the High Court. As a trial judge he was years of frailty before her death, in 2012. He enjoyed hisoutstanding: considerate, patient and shrewd in his numerous grandchildren and great-grandchildren. Heassessments of fact. His promotion to become president remained, as he had always been, a man inspired by anof the court in 1974 was widely welcomed. unostentatious religious faith.Finlay succeeded as Chief Justice in 1985. His judicial Finlay is survived by his children Mary, Tom, John,talents were less suited to an appellate role; devoid of Joan and Ruth.vanity or self-importance, he was not one of those judgeswho see their judgments as personal monuments; Master Thomas Finlay died 3 December 2017.avoiding principled stands, he focussed more on seeing Extracted from, and reproduced by kind permission of, The Irish Times. 2018 Middle Templar 131

OBITUARY: MASTER PETER SUTHERLANDMasterPeter Sutherland1946 – 2018Peter Sutherland, a globetrotting Irishman who minister and future Irish prime minister Charlespulled off one of the biggest multilateral trade Haughey. Sutherland briefly flirted with politics,agreements, wielding an auctioneer’s gavel to standing unsuccessfully as parliamentary candidatesecure the ‘Uruguay Round’ in 1994, has died. for the right-of-centre Fine Gael party in 1973 inHe was 71. Dublin North West.In his role as head of the General Agreement on Garret FitzGerald, the Fine Gael prime minister whoTariffs and Trade (GATT), Sutherland persuaded 123 had been his tutor at UCD, appointed him attorneycountries to agree new rules on agriculture and general in 1981 at the height of the troubles intextiles, as well as services, intellectual property and Northern Ireland. He then sent him to Brussels,a mechanism for resolving trade disputes. Mickey where at 38 he was the youngest ever EuropeanKantor, then US trade representative, dubbed the Commissioner. It was his time in charge of EUIrishman the father of globalisation long before the competition policy that shaped his political outlook,term acquired its current negative connotation. developing a life-long belief that rules based co-operation among countries was the best way toLeo Varadkar, Ireland’s prime minister, paid tribute to avoid the mercantilism of the past.Sutherland, saying he was ‘a statesman in everysense of the word; an Irishman, a committed Like the EU’s founding fathers, he saw Europe aboveEuropean and a proud internationalist’. ‘Throughout all as a moral enterprise, arguing that greaterhis life, he was a champion for individual and integration was a way to check the nationalism thateconomic freedoms,’ Mr Varadkar said. disfigured the continent’s recent history. ‘I always believed in the taming of nationalism. I’ve seen tooA former Irish attorney general and Ireland’s much of it in my own country,’ he said in 2016.commissioner in Brussels, Sutherland stepped downin 1995 as head of the World Trade Organisation, Jean-Claude Juncker, European Commissionthe successor to GATT, and used his contacts to president, said: ‘Peter Sutherland reflected the corelaunch a second career in business. values of the European spirit in his everyday work and was convinced that by working together, greatHe chaired BP, the UK’s largest company, from 1997 things can be achieved’.to 2009 and headed Goldman Sachs International,the London-based global arm of the US investment Globalisation for Sutherland was a way to empowerbank, from 1995 to 2015. Sutherland professed to the poor. But he sometimes appeared insensitiveknow little about business but saw his role more as a to the pressures politicians had grappling with itshigh level diplomatic fixer, using his knowledge of consequences. This was evident when he appearedstatecraft to help companies win deals and stay out before a House of Lords committee in 2014 andof trouble. stunned peers by suggesting part of the EU’s mission was to ‘undermine the homogeneity’ ofAn inveterate networker, he was on first name terms nation states by welcoming greater numbers ofwith presidents and prime ministers. He had a migrants.lawyer’s forensic mind, and the natural skills of agood negotiator: patience, charm and a toughness Ultimately his lack of high office at home in Irelandwhen needed. He also seemed to have a knack of probably ruled him out of the job he really covetedbeing close to controversy without being tarnished – that of president of the European Commission forby it. which his name was mentioned as a successor to Jacques Delors in 1995.Peter Denis Sutherland was born in Dublin in 1946.The son of an insurance salesman, he was educated The policy initiative he said he was most proud ofby Jesuits at Gonzaga College, one of Ireland’s was the Erasmus student exchange programmeleading private schools. After studying law at introduced when he briefly held the educationUniversity College Dublin, he joined the Irish Bar, portfolio in the Delors’ cabinet in 1986.where as a young barrister he acted in the 1970Arms Trial, successfully defending James Kelly, an He leaves a wife, Maruja, and three children.Irish army officer accused of shipping weapons to Master Peter Sutherland died 7 January 2018.the IRA. One of those also acquitted was the finance Extracted from, and reproduced by kind permission of, The Financial Times.132 2018 Middle Templar

OBITUARY: MASTER ANDREW GILBART MASTER BRIAN LEVESONMasterAndrew Gilbart1950 – 2018On 19 March, having suffered without Throughout his career, Andrew was always happy withcomplaint over so many years, the stories that told against him. It was he who recountedHonourable Mr Justice Gilbart died, the occasion when he was running late for an inquiryat the age of 68 years. In his passing, and burst through the doors at 10:00am with boxes andwe have lost a real personality with a papers flying everywhere. Having taken his seat, his juniorpenetrating intellect, a remarkable leant across and said soto voce but for enough people tojudge with tremendous insight into hear ‘The ego has landed’.the way in which human beingsworked. Furthermore, we have lost Besides his national planning practice, Andrew founda very good friend. time to be Head of Chambers and a force for good at the Manchester Bar. He became an Assistant RecorderAlthough presenting as a bluff Northerner, Andrew in 1992 and a Recorder in 1996. He demonstrated hisJames Gilbart was born on 13 February 1950 in the south versatility by chairing Mental Health Review Tribunalsof England and, like Churchill, was half-American and between 2000 and 2006 by which time he had beenproud of it. He was educated at Westminster School appointed to the circuit bench in Preston. He made anand Trinity Hall, Cambridge. He was Called to the Bar in immediate impression both in crime but also as a deputy1972 entering chambers in Manchester that later became High Court judge in the Administrative Court.known as Kings Chambers. He went on to recruit an arrayof talent not the least being the late Mrs Justice Patterson, In 2008, Andrew was appointed as Recorder ofSir Peter Smith, Her Honour Judge de Haas QC, Nicholas Manchester. Now he was in charge and he led from theBraslavsky QC, Vincent Fraser QC, David Manley QC and front in all that he did. He worked prodigiously hardAnthony Crean QC, as well as many others. and it took a court comprising of the Lord Chief Justice, the President of the Queen’s Bench Division and theAndrew started with a mixed practice in crime, civil Chairman of the Sentencing Council to say that it waswork and some planning. He developed, however, into not the role even of the Recorder of Manchester to setbeing a formidable planning lawyer. Both as a junior guidelines for sentencing in the riot cases. Andrew tookand, after 1991 when he took Silk, he built a planning it all in good part and, although we disagreed with hispractice of national significance, enjoying the trust and assuming the role of providing national guidance, muchconfidence of a number of developers and businesses of what he said was adopted and thereby emanated withwith national reach. the authority of the Court of Appeal.The high point of Andrew’s career at the Bar was his work Andrew spent five years as Recorder of Manchesteron the second runway for Manchester Airport. Initially, and it was widely recognised that appointment to thehe was due to be led by David Keene QC but David’s High Court bench was inevitable. That appointment wasappointment to the High Court bench was Andrew’s announced in May 2013. But it was then that fate took aopportunity. He took full advantage of it and successfully hand and Andrew was diagnosed with cancer.shepherded a very controversial proposal over the line toconsent. A number of stories about the man come from For over a year he underwent major surgery, never oncethat inquiry. complaining, never once displaying anything other than robust enthusiasm and confidence that he could dealHe spoke of the huge responsibility placed on his with all that life could throw at him. His appointment wasshoulders and the immense pressure he felt under, that delayed until his doctors advised that he could take it upis until the day that one of the third parties decided and so it was on 1 October 2014, to much rejoicing by allto present his evidence in rhyming couplets to the his friends, that he finally became Mr Justice Gilbart.accompaniment of a tuneless recorder player. It was atthat point that Andrew realised that he must have been in As a judge, Andrew carried all the Northern good sensethe middle of a Monty Python sketch. More significantly into his work. He had a very strong sense of fair play andfor Andrew, however, when paid for the inquiry, history was the ideal judge to see through the illegal approachrelates that it triggered a money laundering investigation taken by the Secretary of State to Gypsies and Travellers.by his bank! His approach is well summarised by the last Chief Justice, Lord Thomas of Cymgiedd. He first met Andrew when they were both undergraduates,and records that Andrew had not changed at all in the intervening years – the keenest mind, great fun, strong views and boundless energy. 2018 Middle Templar 133

He comments: In December 2016, under the heading, ‘It only happens to me’, he reported that he had collapsed at his stepson’sWe worked together on various projects to try and wedding and needed a new aortic valve. The followingimprove the delivery of justice on the Northern Circuit. month he said that the 1950 model had been replacedHe was a brilliant Recorder of Manchester, dealing so with a 2016 version. In 2017, recuperating, he said thatwell with some very difficult issues and supporting the his brain was working and he was looking for paperjudges to the hilt. His appointment to the High Court applications to do.was so welcome and I sat with him on several occasionswhen his mastery of the papers and his incisive Then at the end of the year, cancer returned in his lungs sointerventions invariably made counsel pause and think. he was, in his terms, ‘off games’ but he joked about that.He was in his element on the last case on which I satwith him which was an appeal where he was able to Andrew took his illness as he took everything in life.deploy his expertise in the two areas in which he He got on with it. There was no self-pity, no recriminationexcelled – the vires of a local authority to run a and no slacking off of his standards; in musical terms, henationwide prosecution service and the issues which continued to live life fortissimo. His approach to illnesswould arise if they could. It was a true demonstration was a model of how to deal with one’s own mortality:of his remarkable intellect, his good humour, his industry brave certainly, but good humoured and, above all,and his ability to find a just and practical solution. defiant of what fate thought it had in store for him. Master Ian Burnett has asked that I record his profoundIn summary, as a planning lawyer and a judge admiration for the way in which Andrew coped withacross a wide range of jurisdictions, he leaves a the travails that life threw at him and speaks of it asconspicuous legacy. inspirational for all who knew him. I spoke to him some days before his death. He remained strong in spirit.To other judges, he was warm-hearted and a source He had nothing but praise for the medical care he hadof never-ending wisdom and encouragement with received. From first to last, he was larger than life in everywise-cracking banter and teasing which will be much sense; direct, warm-hearted and a great man. We canmissed. But the wicked sense of humour and the only look on in wonder and rejoice in our friendship withcharacteristic chuckle – frequently directed towards him. We will all miss him enormously. We are very muchhimself – was never far away for he never took himself poorer for his passing.too seriously; to take a sporting analogy he was thekind of person whose passing would be celebrated by Master Andrew Gilbart died 19 March 2018.a minute’s applause, never a minute’s silence.In MemoriamThe Inn is sad to announce the passing of thefollowing members in the past year.Masters of the Bench Members Paul Isaacs Siew Kuan NgMaster Helen Alexander John Plumstead Michael GoodmanMaster Margaret Turner-Warwick Basil Garland Navtej AhluwaliaMaster Clifford Husbands Bruce Procope Richard MurtaghMaster Christopher Pitchford Vivian Chapman Ramiz GursoyMaster Jeremy Hutchinson Johan Steyn Geoffrey CarrMaster Thomas Finlay Robert Sigmon Stuart BarberMaster Peter Sutherland Nicholas Hannah David PrebbleMaster Paul Jenkins Alan Johnson Roger CookeMaster Andrew Gilbart Eira NursawMaster John Burke John MckeeMaster Bruce Coles Arthur DavidsonMaster Desmond De Silva Leonard KriklerMaster Peter Carrington Dahira Musdapher134 2018 Middle Templar

OBITUARY: MASTER JOHN BURKE  PAUL O’BRIENMasterJohn Burke1939 – 2018Opening a case to the jury, John Burke said, During his ten years on the Bench he was admired and‘Members of the jury, this incident occurred in appreciated for his calm and diffident manner, histhe shadow of Ancient Athens’ (a few quizzical courtesy and good humour but, above all, for his fairness.looks from the jury). It was in fact a fight in aCollyhurst chip shop called The Acropolis. He was hugely popular with the court staff, his fellow judges (not least for his appearance at the judicial diningThat was typical of John, then as a junior barrister, and table and acerbic and invariably politically incorrectlater as a Silk and on the Bench – a winning combination observations about the issues of the day), and with the Bar.of surprise, wit and learning. He was elected as a Bencher of Middle Temple in 1992.John was born on 4 August 1939, attended Stockport One of his early duties was to sit and entertain the lateGrammar, Manchester University (failed to graduate in Queen Mother at the Christmas pudding mixingArchitecture or Law, but, arguably, obtained the ceremony. The Burke charm was no doubt assisted by theequivalent of a double first, in the more enjoyable, fact that both he and the Queen Mother shared the samenon-academic aspects of university life), he did National birthday and both enjoyed a drink. John was impressedService with the Cheshire Regiment, with service in by her insistence on adding to the pudding mix an extraSingapore, and 6 years in the TA Paras with service in glass of brandy.Cyprus and rose to the rank of Major. Despite his debonair and frequently raffish appearance,  He was a great lover of life he was essentially a family man, enjoying the cocoon of and people, always irradiating family life; Margaret, his children, grandchildren and an infectious aura of fun. holidays in Scotland and France camping and skiing. Walking, cycling in Cheshire and Ireland (from pub to pub) He was a great lover of life and people, always irradiating and, on one occasion, an an infectious aura of fun. Walking, cycling in Cheshire and over-ambitious attempt Ireland (from pub to pub) and, on one occasion, an at climbing the Eiger. over-ambitious attempt at climbing the Eiger. An occasion when his descent was somewhat quicker than his ascent;Called to the Bar in 1965, he practised in chambers in John fell and had to be rescued by helicopter. DepositedManchester. Recognised at an early stage as a rising in the village below, he underwent a miraculous recoverystar, he attracted the approval of judges, and, more – he walked into the nearest bar, ordered a large whiskyimportantly, solicitors, and amassed a substantial and, of course, treated the matter as a large joke.practice. He embodied those three cardinal principlesof the great advocate: clarity, economy and euphony. John was a talented artist and caricaturist. HisHis examination and cross-examination of witnesses, his Impressionistic style of landscapes, seascapes, andaddresses to the jury and his submissions to the judge cityscapes of Scotland, France, Venice and Manchesterwere always polished, to the point, and delivered in an were frequently exhibited. His caricatures of judges andapparently effortless, easy and seductive manner, members of the Bar were quite brilliant, capturing notinvariably with a hint of humour. only the features and bearing of his subject, but, most importantly, their character and personality.In 1973, he was one of the founding members of 18St John Street Chambers in Manchester and in 1995 he John will be remembered for a galaxy of attributes;took Silk. In 2005, he went on the Circuit Bench, sitting his boyish good looks, his charm, his sociability, hison Crime in the Victorian splendour of Court 7 at generosity of spirit, and much more, but the mostMinshull Street Crown Court in Manchester. memorable feature was his wit and humour. He was unbelievably funny. His style of humour was School of Surreal. He was a master of the bon mot, his timing was perfect and he had a wonderful ability to invest the mundane with an ethereal sprinkling of wit and whimsy and transform it into something which would render people speechless with laughter. He is survived by his wife and three daughters. We regard ourselves privileged to have known and loved him. Master John Burke died on 23 March 2018. Obituary kindly provided by Paul O’Brien of 18 St John St Chambers, Manchester. 2018 Middle Templar 135

OBITUARY: MASTER BRUCE COLES MASTER DEREK WOODMasterBruce Coles1937 – 2018Bruce Coles was an Australian who developed From this beginning he undertook more challenginga deep affection for Britain, immersed himself in ventures, scaling the Alps and climbing, walking, cyclingthe culture and history of Europe, and was a and camping in the Lake District, the Australian bush andcommitted explorer of wild landscape in many other challenging places. Companions on thesethroughout the world. expeditions could not fail to be infected by his enthusiasm and interest in everything he saw.He was born in Melbourne in 1937. His fatherSir Norman Coles was one of five remarkable brothers His strong Christian faith and equally strong commitmentwho had inherited and greatly expanded a nation-wide to social justice led him to serve as a member of theretail empire. All five were knighted for their public and Council of Oxfam from 1985 to 1998 and as chairman ofcharitable work. ‘Coles’, now under different control, the Bar Council’s Race Relations Committee from 1994 tois a household name throughout Australia. Bruce chose 1997. He was appointed to the Circuit Bench in 1998 andthe law as his career and England and Wales as his became a member of the Equal Treatment Advisoryplace of practice. Committee of the Judicial Studies Board.After study at Melbourne Grammar School he gained As a judge he sat in the Crown Court and County Courtan LLB at Melbourne University and (to the surprise of in the territory of the Midland Circuit. This enabled him tothose who later knew him) served as a 2nd lieutenant, create homes in the Cotswolds, within easy reach of the6th Battalion, Royal Melbourne Regiment during his Cotswolds Way and the Black Mountains. Satisfying hisNational Service. He was privileged to work as a legal other taste – for the theatre – Stratford-upon-Avon wasassociate to Sir Owen Dixon CJ for a year and came to also close to hand.Magdalen College, Oxford to study for the BCL. At thisturning-point he married, began to build a formidable The qualities which made him so well-liked in chambersportfolio of English friends, and decided to practise at were carried forward on his appointment to the bench.the English Bar. Unknown on the Circuit at the start, he quickly became a valued and convivial colleague to all who sat with him,He was Called to the Bar by the Middle Temple in 1963 was greatly respected by the court staff, and wasbut maintained his Australian connection by being Called constantly courteous and considerate to all court users,to the Bar of Victoria in 1964. He was a pupil in what is wherever they sat in the court room.now Fountain Court Chambers, taken on as a tenant and– combining a brief period of practice in Melbourne later His retirement from the bench in 2006 gave him evenon – built an impressive common law and commercial greater opportunities for exploration. He spent the yearpractice, specialising in the UK and abroad in aviation following his retirement exploring Australia in greaterlaw. He took Silk in 1984 and was appointed a Bencher depth with his second wife, Alison. This includedin 1991. bush-camping and walking in a whole variety of remote and wild landscapes, and sea-kayaking off the coast ofAside from his academic distinction as a lawyer he is New Zealand’s South Island. On the day after his 80thremembered in his chambers, in an era when silks birthday, celebrated at a lunch in Melbourne in 2017,could be off-puttingly grand and aloof, for his open, he and Alison immediately embarked on a hiking,down-to-earth relationships with colleagues and his kayaking and camping expedition in the Southkindness and support for pupils and new tenants. Grampians in Victoria.His Australian roots were deeply embedded inhis personality. In retirement he also became active in the affairs of the Church of England in Gloucestershire. From 2011 he wasWhile these things were happening in his professional a member of the Synod of the Diocese, and from 2012life he embarked on what became his lifelong pursuit he was Lay Chair of the North Cotswold Deanery. He alsoof walking, mountaineering, cycling and camping. chaired the Glenfall House Trust, which runs a religiousHe started by rebuilding a derelict shelter in the Black retreat in Cheltenham.Mountains above Hay-on-Wye. It became for him,his first wife Sally and his four children a warm if remote None of these activities deflected him from his devotionretreat, welcoming to many friends, and the base to his children and 11 grandchildren, for each of whomfor ambitious expeditions across that spectacular he had a deep and special affection.countryside. Master Bruce Coles died on 2 May 2018.136 2018 Middle Templar

OBITUARY: MASTER DESMOND DE SILVAMasterDesmond de Silva1939 – 2017All the most eminent and sought-after That razor was whetted throughout da Silva’s decades ofbarristers can boast an eclectic list of clients work in international law. A long run of defending andand cases, but Desmond de Silva had a prosecuting all over the Commonwealth culminated inroll call to rival them all. 2002 with his appointment as a deputy prosecutor for the Special Court for Sierra Leone, which prosecuted warThe QC, who has died aged 78, defended criminals including Taylor, who as Liberian leader hadclients from John Terry, the former Chelsea backed the brutal Sierra Leonean rebel movement.and England footballer, to Charlie Brockett,convicted fraudster and friend of Prince Caught as he tried to flee Nigeria, where he had beenCharles, to Raila Odinga, who would go on granted asylum, Taylor was ultimately delivered into theto be the prime minister of Kenya. Those he hands of the special court thanks to de Silva’s negotiatingpursued included Charles Taylor, the former skills. De Silva then helped to transfer Taylor to The HagueLiberian president, who was the first head to stand trial. The arrest ‘sends out the clear message thatof state to be convicted of war crimes since no matter how rich, powerful or feared people may be –the Nuremberg trials. the law is above them’, he wrote at the time.De Silva’s ability as an advocate and his sense of Yet, several years later, he was more circumspect aboutadventure won him many admirers but also a fair bringing powerful figures to justice. Was Syrian Presidentnumber of enemies – and a clutch of attempts on his Bashar al-Assad fighting on against the uprising againstlife. Of a close call in Sierra Leone, he told an his rule because he knew ‘perfectly well that if he fallsinterviewer that ‘nothing is more exciting than being from power or goes into exile he will be prosecuted andshot at’, before adding: ‘And missed’. suffer the same penalties as Charles Taylor?’ de Silva mused. ‘Does that make him go on fighting? Does thatDe Silva was born in Sri Lanka, then Ceylon, in 1939. mean more people are dying as a result of internationalHis father, Fredrick, and grandfather George were both justice?’prominent lawyers and politicians. ‘I was born into agenetic prison from which I could not escape’, he later Although he had his own answer – that the rule of lawsaid of his profession. Called to the English Bar in 1964, would, in effect, cease to exist if exceptions were madehe was appointed QC 20 years later and became a – he called it a great moral question.favoured barrister of sports stars and celebrities. After his role in Taylor’s case, de Silva was entrusted byAs well as Terry, who was acquitted of charges relating the UK government with leading a review of the 1989to a nightclub altercation in 2002, de Silva’s clients murder of the Northern Irish solicitor Pat Finucane, one ofincluded the former England rugby player Lawrence the most controversial killings of ‘The Troubles’. ManyDallaglio and football manager Ron Atkinson. He saw his 2012 report as damning – ‘agents of the statesuccessfully defended the Wimbledon goalkeeper Hans were involved in carrying out serious violations of humanSegers who – alongside the Liverpool player Bruce rights, up to and including murder’, he wrote. Yet it didGrobbelaar – was charged in a football corruption not satisfy Finucane’s widow, who called it ‘a whitewash’and match-fixing trial. after it rejected the idea of government conspiracy.In court, de Silva was a performer who added a dollop In 1987 de Silva married Princess Katarina of Yugoslavia,of Gilbert & Sullivan to his Rumpolean persona. who was 20 years his junior. They had one daughter,Outside, he was a bon vivant who thrived on the Victoria, and divorced in 2010. For services tocompany of like-minded souls. But he was no mere international law he was knighted in 2007 and made ablusterer. Julian Fellowes, the writer, director and member of the Privy Council in 2011.Conservative peer, says: ‘There was always the chancepeople might think he was a great raconteur – the His memoir, published last year, was titled Madam,booming voice, the love of fine wine – but not Where Are Your Mangoes – a reference to a transactionalnecessarily a man of great substance. The opposite misunderstanding in or around 1967 between a fellowwas true, for behind the bombast was a mind as barrister and a prostitute working in Freetown, Sierrasharp as a razor’. Leone. As a moment of high farce in a wider story of post-colonial upheaval and considerable personal courage, it may be regarded as a classic de Silva tale. Master Desmond de Silva died 2 June 2018. Extracted from, and reproduced by kind permission of, The Financial Times.2018 Middle Templar 137

OBITUARY: MASTER PETER CARRINGTONMasterPeter Carrington1919 – 2018The 6th Lord Carrington, who has died aged 99, England for him to marry, in 1942, the pretty andwas almost the only statesman in the 20th intelligent Iona McClean (‘the most sensible thing I haveCentury to attain high office without ever having ever done’). In 1944, the Guards Armoured Division wassat in the House of Commons; his Westminster in the thick of operations in Normandy, the Low Countriescareer culminated in his resignation as Foreign and eventually Germany. When the bridge over the RhineSecretary in April 1982 after Argentina invaded at Nijmegen, held by the Germans, was assaulted by histhe Falkland Islands. battalion, Carrington drove his tank on to the bridge, which was heavily mined, and held off the defenders onPeter Carrington had one of the most extraordinary the opposite shore, knowing that the bridge could easilycareers of any post-war politician, serving 30 years in be blown up underneath him. It was, he said, all ‘ratheroffice. A junior agriculture minister in the early 1950s, he disagreeable’. For this gallant act he received a MC, butbecame, successively, High Commissioner to Australia, some believed it should have been a VC. He left theFirst Lord of the Admiralty, leader of the Opposition in Army in 1946 in the rank of major.the Lords, Defence Secretary, Conservative Partychairman, Energy Secretary, Foreign Secretary and  … his calm good sense, refusal toSecretary-General of NATO. He also served as chairman panic, firmness of purpose andof GEC and of Christie’s. engaging sense of humour won him the devoted admiration ofCarrington’s true métier was diplomacy rather than policy the Foreign Service. Yet noneand administration, and his career was marred by errors of this would save him whenof judgment that might have finished a lesser-born man. Argentina, encouraged by cuts toHe was closely implicated in the Crichel Down affair and the Royal Navy and ambivalentattacked for his role in the Vassall spy scandal. As signals from the Foreign Office,chairman of the Conservative Party and Energy Secretary, invaded and captured thehe bore at least some responsibility for Edward Heath’s Falkland Islands. After an historicill-fated decision to call a general election in February Saturday debate and a torrid1974 on the single issue of ‘Who governs Britain?’ encounter with the Conservative backbench 1922 Committee,Political nemesis at last caught up with Carrington in 1982 Carrington felt that he had nowhen Argentina invaded the Falklands, taking the Foreign alternative but to resign.Office – whose intelligence in the run-up to the invasionwas inadequate – and the small British garrison in the Carrington had long felt drawn to politics. Just after theSouth Atlantic by surprise. It was a humiliating moment war, there were few young peers available to take dutiesfor British foreign policy and Carrington felt honour- on the opposition benches of the House of Lords, but hebound to fall on his sword. His resignation, Carrington was one of them. His competence marked him out asrecalled, ‘was the most sorrowful moment of my life. But potential ministerial material and in 1951, when the Toriesthe disgrace had to be purged. I only lost my job; others took office, he was an immediate candidate for anlost their lives’. under-secretaryship. He was given Agriculture, where the bucolic and popular Captain Thomas Dugdale wasThat Carrington always rose above such setbacks was the new minister. All would have been well had it notdue to a combination of steely inner toughness, self- been for the Crichel Down affair. Crichel Down was partdeprecatory charm and his cunning as a negotiator – of a large area of land in Dorset compulsorily acquired asMugabe referred to him as the ‘old fox’. He got on an experimental bomb site by the Air Ministry in 1937.surprisingly well with Margaret Thatcher. Because he wasone of the few of her colleagues who was not after herjob, he was perhaps about the only one capable of tellingher when to stop talking.Peter Alexander Rupert Carington was born on 6 June1919. He went to Eton, where he failed to shine. When hecame to leave, his housemaster advised: ‘For a reallystupid boy, there are three possible professions: farming,soldiering and stockbroking’. He chose soldiering,succeeding his father in the peerage in 1938 while still acadet at Sandhurst. He became a subaltern in theGrenadier Guards the following year, just before theoutbreak of war. His battalion was long enough in138 2018 Middle Templar

In 1950, the Labour government decided that it had no Meanwhile, Carrington was given the thankless portfoliofurther use for the land, but the Ministry of Agriculture of Secretary of State for Energy.was interested in it and the site was simply transferredfrom one department to another, an arrangement that When, early in 1975, Margaret Thatcher challenged HeathCarrington approved when he came into office. The and ousted him as Conservative leader, Carrington’sscandal blew up when the original owners of the land, feelings were torn. On the one hand he blamed Heathciting pre-war assurances, applied to repurchase it and not only for his handling of the miners’ strike, but also forwere bluntly refused. Carrington told Dugdale, on official his behaviour afterwards. On the other, he had beenadvice, that the former owners could be ignored. The close to Heath and had no wish to accuse him, or to bematter was handled badly by the ministry, which was accused, of disloyalty. But when Heath embarked on aunwilling to admit fault until a tribunal ruled that it had vendetta against Mrs Thatcher, Carrington gave his fullacted in an arbitrary manner. Dugdale resigned, but when support to the new leader.Carrington and his fellow minister Richard Nugent triedto follow him, Churchill refused their resignations. His ambition was to be Foreign Secretary, and when MrsCarrington, thinking himself partly responsible, felt so Thatcher won the 1979 election she did not hesitate.bad about the affair that he became physically ill. This Carrington went to the Foreign Office. He scored anwould not be the last demonstration of his fallible immediate and resounding success by settling thejudgment, or of his charmed political life. On at least Rhodesian problem, which had defeated all and sundry forthree occasions Carrington erred but recovered his 13 years. After 14 weary weeks of negotiation at Lancasterposition, when an unluckier man might have seen his House, Carrington secured an agreement that wascareer come to an end. acceptable to the Rhodesian nationalists as well as to most of the country’s white citizens. The way was thus paved forNonetheless, in 1954 Sir Winston Churchill made the rapid establishment of an independent Zimbabwe.Carrington Under-Secretary at the Ministry of Defence.There he had his initiation in a department that always Between the Lancaster House agreement and hisengaged his profound interest. Two years later he resignation over the Falklands in 1982, Carringtonreceived a greater boost to his shaken morale when notched up several important diplomatic achievements.Anthony Eden offered him the High Commission in He led the European countries in their solid opposition toCanberra. the Russian invasion of Afghanistan; he gave Britain a new standing in the European Community while at the sameCarrington’s three years in Australia were some of the time, firmly supported (and hectored) by Mrs Thatcher,most successful of his career. Sir Robert Menzies, the winning the battle to reduce the British contribution toAustralian prime minister, thought the world of him, and the Common Market budget; he resolved a Franco-he was as popular in Sydney and Melbourne, in Perth, British dispute over the independence of the NewAdelaide and Brisbane, as he was in Canberra. Reports Hebrides (now Vanuatu); he patched up a quarrel withof his success as Britain’s representative soon reached Saudi Arabia; and he lowered the temperature with SpainLondon and were noted in government circles. In 1959 in the long-standing dispute over Gibraltar.he was brought home and appointed First Lord of theAdmiralty. At the same time, his calm good sense, refusal to panic, firmness of purpose and engaging sense of humour wonWhen Sir Alec Douglas-Home became Prime Minister in him the devoted admiration of the Foreign Service. Yet1963, Carrington entered the Cabinet as Minister without none of this would save him when Argentina, encouragedPortfolio and Leader of the House of Lords, and remained by cuts to the Royal Navy and ambivalent signals from theleader of the Opposition in the Lords after Home’s Foreign Office, invaded and captured the Falklandgovernment was defeated in October 1964. Islands. After an historic Saturday debate and a torrid encounter with the Conservative backbench 1922Edward Heath thought highly of Carrington. When Heath Committee, Carrington felt that he had no alternativewon the 1970 election he made him Minister of Defence, but to resign.an appointment that delighted the leaders of the ArmedForces, who found Carrington sympathetic, down to earth Two years after his resignation, another illustriousand practical in his handling of their problems. However, appointment came his way: in 1984 he became Secretary-this harmonious and productive relationship was General of NATO, earning international respect for hisinterrupted at the end of 1973 by the industrial and emollient handling of East-West relations at a criticalpolitical crisis that followed Heath’s decision to stick time. On his retirement, he was appointed chairman ofunyieldingly to his incomes policy and refuse the miners’ Christie’s, the auctioneers, and of the Australia and Newwage demands. Zealand Banking Group’s International Board of Advice. In 1990 he became a director of the Telegraph plc.The miners went on strike and energy supplies, alreadystrained by a Middle East war, were at risk. Heath Lord Carrington was showered with honours both inconsidered whether to seek the country’s support for his Britain and abroad. He was appointed KCMG in 1958 andfirm line through a general election. Since 1972 made a Companion of Honour in 1983. He became aCarrington had been chairman of the party, as well as Knight of the Garter in 1985, and was appointed GCMGMinister of Defence, and his advice was therefore crucial. in 1988. He served as Chancellor of the Order of theHe came down in favour of an election provided that Garter from 1994. After the House of Lords Act in 1999Heath struck while the iron was hot. Perhaps if Heath had he was given a life peerage.heeded Carrington’s advice, he might have won. But heprocrastinated and brought in the unpopular three-day Master Peter Carrington died 9 July 2018.week, which chilled and depressed the electorate. Extracted from, and reproduced by kind permission of, The Telegraph.2018 Middle Templar 139

NEW STAFF AND LEAVERSNew Staff Sam Haskell – Kolela Minganu – Business Systems Analyst Events Supervisor Sam joined the IT Department in Kolela joined the Events March 2018 to help ensure that Department in March 2018 as the Inn’s software systems and the Events Supervisor, having processes are aligned with its graduated with a degree in business needs, with particular Business with Law from the focus on the membership system. University of Hertfordshire. She Sam was formerly a freelance decided to pursue a career in CRM consultant, providing data- Events Management in the hopedriven digital consultancy to businesses, universities and of becoming a wedding and special events planner.charities. As well as being something of a technophile, She previously worked in the Events department at theSam is a bookworm and a fine-artist; he read English Ham Yard Hotel for 3 years. In her spare time, she enjoysLiterature at University and studied fine art in Italy. baking, planning and organising events for friends and family as well as travelling. Amrit Pal Singh – Helpdesk and Maintenance Chloe Bernard – Support Administrator Events Sales Executive Amrit joined the Estates Chloe joined the Sales and Department in November Events team in June 2018 as the 2017 as the Helpdesk and Events Sales Executive and is Maintenance Support focussing on the organisation of Administrator. He has a large events within the Inn while background in the Facilities prospecting new clients. Management sector working withboth private and public clients. While working with Lend After finishing her MastersLease Group as a Computer Aided Facilities Manager, he degree in Hospitality Management in France, she haswas responsible for overseeing the Planned Preventative worked in both Food & Beverage and Events in the UKMaintenance throughout the Olympic Village Project for 4 years. When not at work, Chloe enjoys cooking andin Stratford City. Amrit has worked with several large baking for her family and friends.scale clients, the most recent being The Royal Boroughof Kensington & Chelsea. When not at work, he enjoys Harry Basra – Finance Businesssocialising, cooking and has a passion for music. Systems Analyst James Rogerson – Harry joined the IT department Membership Officer in June in order to facilitate the reforming of the Inn’s James joined the Membership accounting software Dimensions. Department in September 2017 In addition, he will be working as the Membership Officer. He closely with Finance to assimilate previously worked at the Royal and document their current Warrant Holders Association after processes. Harry graduated graduating from the University of from the University of Portsmouth with a BA (Hons) Southampton with a degree in in Marketing. He previously worked at Deloitte as a Archaeology. When not at work, consultant. Outside of work Harry is a keen record he enjoys playing tennis and collector/DJ, he currently has a collection of over 6000 countryside walks back in Suffolk. pieces’ of vinyl. Luca Geremia – Dean West – Events Operation Manager Events Administrator Luca joined the Catering and Dean joined the Events Events Department in July Department in February 2018, 2018 as the Events Operations as the Events Administrator. Manager. He has more than 20 Previously he studied an Events years’ experience in Hospitality Management and Film BA from mainly in Restaurants and Regent’s University. He has also Banqueting, working in Four and interned at the luxury concierge Five Star Hotels in Italy and the company, Quintessentially. In hisUK. When not at work he enjoys cooking, meeting friends spare time, Dean enjoys yogaand attending theatre and concert performances. and computer gaming.140 2018 Middle Templar

Andreea Micutiu – Simon Finn – Head Chef Events Finance Administrator Simon joined the Catering Department in September 2017. Andreea joined the Events He passed his Apprenticeship department in March 2018 in Catering in Australia, he has and is the Events Finance worked for hotels in Brisbane Administrator. She holds over and Melbourne before moving 10 years’ experience in to the UK where he worked as an accounting and human resources area chef in Gastro pubs around working in Romania. Andreea London. Simon enjoys collecting moved to London and worked vinyl records, walking his dogsas a Conferencing and Banqueting assistant for the and spending time with his family.Grand Connaught Rooms and De Vere at Canary Wharf.Andreea likes to travel and complete jigsaw puzzles in Joao Isidro Aurindo Marques –her spare time. Chef de Partie Joao joined the Catering Tara Ryan – PA to the Department in October 2017. Director of Membership He previously worked at The Harley Street Clinic as a Chef Tara joined the Membership for 14 years. Joao enjoys playing Department in February. Tara football and tennis in his holds a degree in Advertising spare time. and prior to joining Middle Temple was the Office Leavers and Retirements Manager of a creative agency in Shoreditch. Tara has a The Inn thanks the following members of staff who background in classical music have retired or left Middle Temple, for all their hard and plays the Viola. Tara has a work and wishes them well for the future. passion for travelling. Priyanka Rajendram Nicholas Kingsley Dinnall – Administrative Assistant Estates Security Officer Monique Kagan Nicholas joined the Inn in August Helpdesk Administrator 2017, as a full time member of the Security team. Nicholas is Julie Veitl an experienced Security Officer Events Sales Co-ordinator having worked previously in the entertainment and retail security Pauline Folkes sectors in central London. In his Events Co-ordinator free time he volunteers with a homeless charity and an Sophie Linin animal shelter. Events Supervisor Milad Saber – Amy Stewart Estates Security Officer Senior Events & Operations Manager Milad joined the Security Linda Tanner department in August 2017 as a PA to the Director of Membership & Development full time member of the security team. He has worked in different Louise Burton security fields for over 10 years Business Systems Analyst with security companies such as TSS, EXPEDIENT and PPS. Milad Lorraine Serieux enjoys going to the gym, cycling Helpdesk Assistant and reading. Adje Evariste Kassim Mohamed – Kitchen Porter Kitchen Porter Antony Beaumont Kassim joined the Catering Electrician Department in May 2018. He previously worked within Olga Manrique the construction industry. Events Co-ordinator He achieved a level 1 & 2 in Carpentry from Lambeth College. He enjoys going to the gym and reading books in his spare time.2018 Middle Templar 141

INN CALENDAR 2018-19Middle Temple Calendar2018-19Monday 3 September Monday 15 October Tuesday 13 NovemberHall re-opens for Lunch Tasting at the Temple Reader’s FeastThursday 20 to Sunday South American Wines HH Peter Murphy ‘To Bury23 September Shakespeare or to Praise Him’Amity Visit to Hong Kong Tuesday 16 OctoberSunday 23 September Moot Final Thursday 15 NovemberLondon Open House Survive & ThriveTuesday 25 September Wednesday 17 October How to Future-Proof your Skills inIntroduction for London Survive & Thrive the Digital AgeBPTC students Understanding Body Language and How to Create the Saturday 17 NovemberOut of London Students ‘Golden Halo’ Effect CPD DayWeekend 1 Thursday 18 October Sunday 18 NovemberSaturday 29 September Private Guest Night Children’s Music ConcertsMusic NightSunday 30 September Tuesday 23 October Tuesday 20 NovemberSunday Lunch All Inn Dining Music NightOut of London Students Monday 29 October Thursday 22 NovemberWeekend 2 Book Club Call DayFriday 5 October Tuesday 30 October Saturday 24 NovemberMusic Night Middle Temple Historical Society Northern and North-Eastern CircuitSaturday 6 October Dinner in ManchesterOrdinary Dining Night Wednesday 31 OctoberSunday 7 October Bench Call Tuesday 27 NovemberSunday Lunch Bench CallMonday 8 October Monday 5 NovemberGuest Lecture: Lord Hennessy – Guest Lecture – Hamlyn Lecture by Wednesday 28 NovemberWriting the history of one’s own times Robin Allen QC Middle Temple Historical SocietyTuesday 9 OctoberScholars’ Dinner Wednesday 7 November Thursday 29 NovemberThursday 11 October Middle Temple Advocacy Dinner Private Guest NightCall Day Thursday 8 November Wednesday 5 and Karaoke Night Thursday 6 December Christmas Lunch Saturday 10 November Lord Mayor’s Show Friday 7 to Sunday 9 December Cumberland Lodge Sunday 11 November Remembrance Sunday Lunch Tuesday 11 December Parliament Dinner Monday 12 November Tasting at the Temple Wednesday 12 and Chêne Bleu Rhone Wines Thursday 13 December Christmas Lunch Monday 12 November Law in Style 2018 Thursday 13 December Revels142 2018 Middle Templar

Friday 14 December Saturday 16 February Friday 17 to Sunday 19 MayRevels Ordinary Dining Night Cumberland LodgeSunday 16 December Sunday 17 February Tuesday 21 MayCarol Service Lunch/Service Sunday Lunch Music Night and New Silks ReceptionThursday 20 December Monday 18 February Monday 10 JuneBench and Staff Christmas drinks Guest Lecture Moot Semi-finalFriday 21 December Tuesday 19 February Tuesday 11 JuneHall closes after Lunch Reader’s Feast Bench CallMonday 7 January Wednesday 27 February Wednesday 12 JuneHall re-opens for Lunch Amity Dinner at Gray’s Inn BACFI and Temple EmployedWednesday 16 January Thursday 7 March Bar Forum Garden PartyTreasurer’s Reception Clerks’ Dinner Monday 17 JuneTuesday 22 January Friday 8 to Sunday 10 March Moot Semi-finalAll Inn Dining Cumberland Lodge Thursday 20 JuneSaturday 26 January Thursday 14 March Private Guest NightBurns’ Night Call Day Tuesday 25 JuneTuesday 29 January Tuesday 2 April All Inn DiningReception for Committee Members Music Night: Navarra String Tuesday 2 JulyWednesday 30 January Quartet & Heath Quartet Middle Temple Garden PartyNew Benchers’ Reception Thursday 4 April Tuesday 9 JulySaturday 2 February Private Guest Night Music NightCambridge Society Dinner Tuesday 9 April Tuesday 16 July(at Clare College, Cambridge) Bench Call Bench CallMonday 4 February Wednesday 8 May Wednesday 17 JulyTasting at the Temple Guest Lecture: Linda Greenhouse Amity Dinner for Inner TempleSouth African Wines Thursday 9 May Thursday 25 JulyTuesday 5 February Private Guest Night Double Call DayMiddle Temple Historical Society Friday 10 May to Sunday 12 MayThursday 7 February Four Jurisdictions Law ConferenceFirst Women Lawyers in Great Britain Monday 13 Mayand the Empire Symposium Oxford Society DinnerTuesday 12 February (at Middle Temple)Bench Call Thursday 16 MayFriday 15 February Annual DinnerMusic Night 2018 Middle Templar 143

TEMPLE CHURCH CALENDAR 2018-19Temple ChurchSpecial Services and Concerts2018 2019October JanuaryWednesday 3 October, 5:30pm Sunday 13 January, 11:15amFirst Choral Evensong of the Legal Year Choral Mattins – First choral service of the termSunday 7 October, 11:00am Wednesday 30 January, 5:30pmFirst Choral Mattins of the Legal Year Choral Evensong – or CandlemasWednesday 17 October, 5:30pm MarchChoral Evensong: St Luke’s Day Wednesday 6 March, 5:30pmWednesday 31 October, 5:30pm Choral Evensong – Ash WednesdayChoral Evensong: For All Saints Day AprilNovember Sunday 14 April, 11:15amSunday 11 November, 10:55am Choral Mattins – Palm SundayChoral Mattins: Remembrance SundayGuest preacher: Prof. Timothy Garton-Ash, Thursday 18 April, 1:15pmOxford University Choral Communion – Maundy Thursday, The Last SupperWednesday 28 November, 6:00pm Friday 19 April, 11:15amAdvent Carol Service Choral Mattins – Good Friday, The CrucifixionDecember Saturday 20 April, 8:00pm Easter Vigil and First Communion of EasterSunday 16 December, 11:15am Holy Saturday, The Easter FireTemple Church Carol Service – Tickets required Sunday 21 April, 11:15am Please Contact: [email protected] Choral Communion: Rise Heart, Thy Lord Is RisenFollowed by Children’s Nativity Play 3:00pm Easter SundayMonday 24 December, 11:15pm MayChristmas Eve: Midnight Choral Communion Wednesday 1 May, 5:30pmTuesday 25 December, 11:15am Choral Evensong – First Choral Evensong of the termChristmas Day: Choral Mattins June Wednesday 26 June, 5:30pm Choral Evensong – For St Peter’s Day July Sunday 28 July, 11:15am Baptism, Confirmation and Choral Communion144 2018 Middle Templar

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