The Middle Templar 2018

Survive and Thrive, coming next…15 November 2018‘How to future-proof yourskills in the digital age’.In March, a smaller event was held for younger She was followed by Heather McGregor CBE, a globalmembers of the Inn in a very chilly Bench apartment business leader and academic (also known as Mrsduring the Beast from the East: ‘The barrister’s guide Moneypenny for her column in the Financial Times),to debt, savings and investment’. Some hard facts were who was another outstanding speaker with an equallydispensed, which were a reminder of how good some of impressive range of experience to draw from in her ownus had it in times gone by. The cost to a student starting back-story.at University this year in order to qualify at the Bar is£127,000. Another telling figure was that the average age The legal year concluded in a heatwave with: ‘Peopleof a first-time house buyer in London has now risen to 32. management: how to manage up, down and sideways’.We were given a very practical guide to managing debt, It was an act of great generosity on the part of Masterbecome mortgage-fit and to savings and investments Jonathan Jones to step into the place of the late Masterby Martin Snowden and Simon Lister of Barclays Wealth Paul Jenkins, his predecessor as Treasury Solicitor, asManagement. moderator. This proved to be a thoughtful event on which to end, looking at managing people from differentIn April, Survive & Thrive returned to Hall for: ‘How to perspectives and in different situations. Master Jonesfeel like you have it all without doing it all’. The event was listed his own very practical and succinct guidelines, asoutstandingly moderated by Assistant Commissioner head of a large government department. Baroness Ruthof the Metropolitan Police, Patricia Gallan QPM. Pat Deech gave us her insights from experience gained asGallan is a member of the Inn and was Called to the Bar. a leader, observing others manage, which she has doneAmongst the themes of the evening was ‘how to say no’. in a number of high profile roles, including as Chair ofAt question time, Pat’s ability to articulate empathy for the HFEA, Chair of the BSB and Principal of St Anne’sthe criminal practitioner who asked how you say ‘no’ to College, Oxford. Nick Hill, the soon-to-retire Chair of thethe Judge who gives you only until next morning to read Institute of Barristers’ Clerks and Senior Clerk of a largethousands of pages of newly disclosed documents, will set of chambers and Jay Connolly, global chief talenthave struck a chord with everyone. officer for Dentons added their own valuable experience and practical advice.The first of the speakers was psychotherapist MandySaligari, the founder and clinical director of Charter. Coming next: on 15 November 2018: ‘How to future-She had an extraordinary story of turning her own life proof your skills in the digital age’ where the speakers willaround from personal catastrophe as a young woman be Richard Susskind, the guru of technology in the courtsto becoming a successful clinician and the lessons she and the judiciary, and his son and co-author, Daniel; andhad learned from her own life experience as well as from Ian Jeffrey, partner and CEO of Lewis Silkin. The event willclinical practice with burnt-out professionals. be moderated by one of the great social media stars of the Bar, Felicity Gerry QC.2018 Middle Templar 49

BREXIT MASTER DOMINIC GRIEVEWhat Price Sovereignty?A Personal View of BrexitExtracted from a Guest Lecture given by Master Dominic Grieve in Hall on 19 March 2018. Master Dominic Grieve was Called This narrative has proved very enduring. It places to the Bar in 1980 and was elected Parliament as the central bastion of our liberties. In theory as a Bencher in 2004. He was at least, our constitution is that the Queen acting with appointed Attorney General by the assent of her Lords and Commons should enjoy an Prime Minister David Cameron exercise of power unlimited by any other lawful authority. in 2010. He has been Member of It is what allowed Henry VIII in his Act of Supremacy Parliament for Beaconsfield since of 1534 to use parliamentary authority to coerce his 1997. Secretary of the Conservative subjects on matters of deepest conscience. And when Backbench Committee on the the struggle between the Crown and Parliament was Constitution, Legal Affairs and resolved in the latter’s favour it is what gave us the 13 Northern Ireland and was a member clauses of the Bill of Rights and created the powersof the Select Committee on Environmental Audit and the and privileges Parliament enjoys today. It is with thoseJoint Committee on Statutory Instruments from 1997-99. powers that Parliament in 1972, at the behest of theConservative spokesman for Scotland and for Criminal Justice then Conservative government, enacted the Europeanand Community Cohesion, as part of the Shadow Home Affairs Communities Act which gave primacy to EU law in ourteam. Shadow Attorney General 2003-09 and also Shadow country. It was Parliament that chose to allow what is nowHome Secretary from June 2008-09. In January 2009 he became the Court of Justice of the European Union to overridethe Shadow Secretary of State for Justice. United Kingdom Statute law and allow the superior courts of the United Kingdom to do the same, so as to ensureBrexit has precipitated the fall of one government and our conformity with EU law in all areas in which the thencontributed to the failure of another. It divides families, EEC and now the EU has competence.friends, generations, political parties and members ofthis Honourable Society. It is also altering the previous How often it was that I heard on the doorstep that peoplebroad consensus between the mainstream political were fed up with being told what to do by unaccountableparties as to how the economy should be managed. foreigners. This is despite the efforts of successive governments to try and mitigate the democratic deficitIn voting to leave the EU, the majority, in its repeated in respect of Directives and Regulations by having themslogan of ‘taking back control’, was making some form scrutinised before implementation in Parliament throughof demand of the government and Parliament for a the European Scrutiny Committee in both Lords andchange in direction for the United Kingdom. Commons. There has been a habit of successive UK governments to hide behind decisions of the EU as aMy Brexiteer colleagues have, in varying degrees, signed justification for being unwilling to address problemsup to the view that EU membership undermines the raised by its own electors and for failing to highlight oursovereignty of Parliament in a manner which is damaging own role within the EU Council of Ministers in framingto our independence and our parliamentary democracy most EU law. So we should not be surprised that theand our system of Law. This certainly fits in with a national EU has never been popular in our country.(if principally English) narrative that they trace back toMagna Carta and the emergence of the Commons asa distinct body by the end of the 13th Century. In themid 15th Century we have it celebrated by Chief JusticeFortescue in his De Laudibus Legum Angliae (In Praiseof the Laws of England). There the use of torture isdeprecated and trial by jury and due process praisedand with it, its uniqueness to England. There is even anexcellent section in it which might have been relevantto who had the power to trigger Article 50. ‘The King ofEngland’ he said ‘cannot alter nor change the laws ofhis realm at his pleasure’. A statute he said requires theconsent of the whole realm through Parliament.50 2018 Middle Templar

But where the lawyer and politician in me parts company Many thousands are still applicable and range inwith the views of my Brexit supporting colleagues is in the importance from the UN Charter to local treaties overdegree to which they appear oblivious of the extent to fishing rights. Over 700 contain references to bindingwhich Parliamentary sovereignty is not and has never in dispute settlement in the event of disagreements overreality been unfettered. interpretation. And with the passing years these treaties, be they the UN Convention on the Prohibition of TortureThe Bill of Rights in asserting the primacy of Parliament, or the creation of the International Criminal Court havealso contains the ethos by which that primacy might dealt not just with inter-state relations, but state conductbe limited. If the accusation against James II in the Bill towards those subject to its power. So important hasof Rights is that he sought to ‘subvert the Lawes and been this treaty making that the Ministerial Code, untilliberties of the Kingdom’ – rather the same accusation 2015, referred specifically to the duty of civil servants andas I hear levelled against the EU, then what if it is the ministers to respect our international legal obligationsgovernment of the Crown with a parliamentary majority at all times. This was then deleted by the then Primethat seeks to do so – what Lord Hailsham called Minister David Cameron, probably in reaction to being‘elected dictatorship’? On this and the Bill of Rights and reminded of this point too often by me. But the deletionmy colleagues are silent. The drafters of the Bill saw could only be cosmetic in its effect. The Cabinet OfficeParliament as the upholders of rights and liberties not its had to admit it made no difference to the obligation.subverters. But the topic has not gone away. It was raised It is part of Lord Bingham’s eighth principle of the Ruleby Americans in their Declaration of Independence, by of Law. If it were abandoned we would be sanctioningthe Chartists in the 1840s and the Suffragettes. It can be anarchy on the international stage. UK governmentsargued that in deciding to hold the United Kingdom’s have, despite some lapses been pretty consistent infirst nationwide referendum in 1975 on whether or observing its principles. We are after all still in the midstnot we should remain in the EEC, Harold Wilson was of commemorations of the First World War, which weaccepting that the nature of the constitutional change entered explicitly to honour our international treatythat was taking place required something more than obligations to guarantee Belgian neutrality – what ajust parliamentary approval, even if he also sought to then German Chancellor was happy to describe as aaccommodate Labour Party dissent. Nowadays we are ‘scrap of paper’.told that the referendum only legitimised membershipof a common market not a European super state. But Yet for all this, my Party which supported its creationthe constraints on parliamentary sovereignty that flowed and the later right of personal petition is still hinting atfrom membership of the EEC were apparent even then. a review, with the possibility of replacing the HRA withIt might however have been better to have asked the a Bill of Rights that might call into question our futureopinion of the electorate again at the various stages of adherence to the Convention. It is symptomatic of theTreaty change that have occurred since, than end up discomfort a supra-national court causes.where we are today. The full text of Master Grieve’s speech can be foundThe reality is that EU membership, although more on the Inn’s website.important than any other international treaty to whichwe have adhered, is not exceptional. Over more recentBritish history, but particularly since the end of theSecond World War, we have embarked on policies thathave developed and changed our laws, not just throughdomestic mechanisms but also through internationalengagement. Notwithstanding our pride in oursovereignty, successive British governments in the lasttwo centuries have sought to make the World a better,safer and more predictable place by encouraging thecreation of international agreements governing thebehaviour of states. When I was Attorney General, Ionce asked the Foreign Office to tell me as to how manywe were signed up to. They were reluctant to go backbeyond 1834 but since then they said they had recordsof over 13,200 that the UK had signed and ratified.2018 Middle Templar 51

A HOUSE IN BOW STREET MASTER JEREMY CONNORA HouseLent Reading in Bow Street‘A House in Bow Street’, is the story, of the origin of the Bow Street Court and the creationof the Metropolitan Magistrates who for two and a half centuries, until the close of thepast millennium, tried the summary offences of London. Master Jeremy Connor was Called to De Veil had also recently seen his own military career the Bar in 1961 and practised at the come to an end at the conclusion of the war and, for a criminal Bar. He was an additional variety of reasons was to prove to be an ideal character Treasury Counsel at the Central to fulfil the King’s wishes. Criminal Court. He was a Metropolitan Magistrate and Circuit Judge. He was London of the day, for all its dangers, certainly had a Chairman of the Inner London Youth its attractions. By the beginning of the 18th Century Courts, a member of the Central the character of Covent Garden was undergoing a Council of Probation for England and perceptible change. It was perhaps inevitable that the Wales, and Chairman of the London ultra-fashionable piazzas should attract a swarm of Probation Committee (1989-95). He tradesmen, artisans, and many others who, by now, werewas a member of the Lord Chancellor’s Advisory Committee for needed to cater for the requirements of the comfortable.Education and Conduct (1996-99), of the Judicial Studies Board, The Theatre Royal Drury Lane, for example, had beenand of the Parole Board (1998-2004). He was President of the built in 1663 on a site leased from the Duke of Bedford.Academy of Forensic Sciences, Chairman of the Institute for The Opera House in the Haymarket was opened in 1704.the Study of Delinquency and a referee for the Mental Health The Little Theatre in the Haymarket was built in 1720, andFoundation. He is a Fellow of the Society of Advanced Legal the magnificent Covent Garden Theatre in Bow StreetStudies, contributing chapters in Archbold’s Criminal Practice was completed in 1732. Men of the calibre of David(38 & 39th editions) and is a past Master of the Fan Maker’s Livery Garrick and others were to herald a whole era of talentedCompany. He was made a Bencher in 2003 and served on the actors and actresses, and was accompanied by a host ofInn’s Scholarships and Students’ Conduct Committees. He was literary characters too, which included Pope, Dryden andthe Inn’s Lent Reader for 2018. Dr Johnson.Relaxing after dinner, with a glass of claret in hand, the At the same time, and to the contrary, the narrowimagination drifts to a morning in the early 18th Century. passages, the dark alleys, and the secluded courtyardsA picture emerges. Through the mist of the centuries, which separated the streets and the houses, drew in athe figure of King George II might just be made out at a rather less respectable segment of the community. Therewindow, looking down at the changing scene below. It remained the age-old lawlessness of inner city street life,was no longer acceptable. Far too little of the vanishing in which the power of the mob and the violence of thestylish elegance of Handel’s London; far too much criminal were becoming paramount.resembling the characters of John Gaye’s new productionof The Beggar’s Opera. A message was immediately sent. Everyone in London seems to have had their ownBow Street was born. theories about the causes of the mounting lawlessness: many blamed it on the large numbers of disbandedSurprisingly, the recipient was a soldier as well as a justice soldiers roaming the country without work and withoutof the peace. His name: a certain Thomas de Veil. The subsistence: others simply put it down to drunkennesshouse was one which happened to belong to the Duke and cheap gin! Whatever the reasons, the precincts ofof Bedford at the time, and conveniently the lease had the capital and its approaches were deteriorating into ajust come to an end. state of lawlessness which bordered on anarchy at times, and the machinery for preserving peace was becoming increasingly impotent. It was within a London such as this that Colonel de Veil opened his office in Bow Street.52 2018 Middle Templar

Problems, however, were not confined to the streets. So then, what of the man himself? A complex figure.They had now become much closer to home and He was born in 1684 in the City of London. His father,involved many of those on the now rapidly deteriorating the Rev Dr Hanson de Veil, was an impecuniouslay bench of the day. Although G. M. Trevelyan, has Huguenot Minister who had settled in England somewritten that ‘at least the institution of justices of the peace time previously and had been employed as the librarywas a move away from inherited feudal jurisdictions’, keeper at Lambeth Palace. Thomas’s own upbringingthe office was not popular. If service as a constable, an had been strict, but had enjoyed the advantage of greatancient office but with a limited power to keep some emphasis on his education, becoming fluent in bothsemblance of order, was unpopular in country districts, Hebrew and German. He was apprenticed to a Mercer init was even more so in towns, where it often involved a Queen Street, and it was to be his good fortune that hisgreat deal of personal danger. Livery pupil-master’s business failed, and there followed a corresponding need to look for another way of earningDaniel Defoe once described the appointment as being a living. With a certain philosophical acceptance he‘insupportable hardship’. Moreover, an appointed justice decided to become a professional soldier, enlisting inwas obliged actually to combine the roles of policeman the infantry.and public prosecutor, and it is plain from contemporarywriting that this was frequently used for the ends of, to Very little is known of his military career, save that he tookput it delicately, nothing more than pure personal gain. part in William III’s campaign in Flanders. One thing isApart from the acceptance of bribes, there were ample certain though: it was during this time that he acquiredopportunities to misappropriate sums of money which considerable ability for learning still more foreignwere paid out in fines, and as if this were not enough, languages, and, having become secretary to Viscountvacancies were frequently filled from the start by equally Galway, was soon given his commission. He was thencorrupt supporters. The circle became vicious in both fortunate to leave his military service with the rank ofsenses of the word. As the office became steadily more Colonel following the peace of Utrecht in 1713. By nowunpopular, so the authorities had no alternative but he was married and in the process of beginning a family.to fill the commission with tradesmen and small timeprofessionals whom the commentator Smollett has Returning to London after the war, and with somedescribed as ‘needy, mean, ignorant and rapacious’. initiative, he decided to open a private office in ScotlandSmall wonder that these were known by the unattractive Yard, at which he offered his services in draftingnickname of Trading Justices. Edmund Burke once said petitions to the War Office and the Treasury on behalf ofin a House of Commons speech, ‘Justices of Middlesex? disbanded officers who were seeking grants, privileges orNone but the scum of the earth; can hardly write their favours after their service. The work soon became quiteown names, and some of them are notoriously men of well-known and really rather profitable.such infamous character that they are unworthy of theirown employment let alone that of others’. The reputation Passing time had also by now provided the opportunityof the magistracy therefore could scarcely have been to learn more of the law, and to apply it with somelower and accordingly reaped the justified detestation of practicality. It was only a matter of time therefore, beforemost members of the community. Reform in the light of he applied to become the justice of the peace forsuch contempt could not come soon enough, but despite Westminster and Middlesex with a view to continuing tothe strictures of immediacy in the initial command from give expression to his motives. Characters are rarely singlethe King in 1735, it was not until the autumn of 1740, sided, however, and it should not be assumed that deheralding the arrival of Thomas de Veil, that this timely Veil’s reasons were entirely altruistic: he had, and alwayschange finally came. retained first a certain taste for extravagance, and second an accompanying love of the theatre. UnsurprisinglyA number of 20th Century authors who have written events soon dictated a handsome refurbishment of hisabout the early days of the Bow Street office, singularly well sited accommodation, and his real passion for thethe Middle Templar, Anthony Babington, remark: ‘many theatre was easily satisfied by the number of the newsuch writers have fallen into the error of assuming that stages now appearing near Covent Garden.‘the house’ formed a properly constituted criminal Court’.It was in fact de Veil’s own private residence, from theground floor only of which he carried on his magisterialduties. And this he did.2018 Middle Templar 53

The true contrast in the man, however, was to be But of the houses at number three and four Bow Street,found in the quality of his bravery, doubtless inherited no trace remains. No trace of the office, no stones, nofrom his earlier successful military career. Accordingly, plaque and no relic of its memory. Like its origin, it ishe determined to create a small body of his own shrouded in obscurity but for one snippet: the old Bowprivate enforcers: the now famous Bow Street Runners. Street office was leased in 1881, rather fittingly, to aInterestingly, this stood as a purely private fiefdom, theatrical costumier and wigmaker. Then, in 1887, theand it always remained wholly unarmed but for a Duke of Bedford decided that even this building shouldsingle truncheon bearing nothing but the gold crown be pulled down as part of the scheme for improving theof the Sovereign. whole area around Covent Garden, and the houses at number three and four Bow Street were never re-built.One early exercise for this small cabal was somewhatgraphically illustrated in rather unusual circumstances. Nothing, however, will ever mask the tradition of NumberHaving criticised a colleague for some obvious 4, the memories of those who sat there, and the traditionscorruption, he was summoned by the latter to a coffee which, it must always be hoped, have been handed downhouse in Leicester Fields: on his arrival he was met with to those who, now given the name of district judges in thisa drawn sword and the threat of very real injury. century, occupy a very different role.The threat was actually carried out, and in fact resulted in Eventually, though, in 1876, an agreement wasan abdominal injury some five inches deep. Fortunately signed between the Duke of Bedford and the Crownnot only was there a complete recovery, but a welcome Commissioners, to lease a new site on the East side ofresult was a payment of £250 in compensation from Bow Street. The Commissioners undertook to build a newthe Treasury. Truly a milestone. It was the beginning of court within three years, and the work of construction wasthe stipendiary bench. actually started in the autumn of 1878. The replacement Court building, still standing, was designed by Sir JohnAs a consequence his reputation went from strength to Taylor and later to be described by Nikolaus Pevsner asstrength and fully justified the confidence originally placed ‘gravely palladian’. It was provided with what was thenin a man of whom so little was earlier known. seen as a glamorous interior quadrangle so that the prison vans in future might now pick up and set down theirIn pursuance of this, in 1740, at the age of 56, he decided prisoners in private.finally to transfer both his home and his office to thepremises at number four. Nostalgia, but not time, would Indeed on 11th October 1880, a paragraph in The Timestempt one to turn the pages of so many who sat in the spoke about the now ‘spacious and imposing’ buildingchair at Bow Street. Of perhaps Henry Fielding or John nearing completion and went on: ‘the necessity forFielding, his half-blind brother who were to follow de Veil. replacing the dark, confined, shabby old court andOr of the many others given to writing, such as Arthur offices has long been felt’. Well yes, but one wondersPinero, penning his famous plays on his desk at the though, if the leader writer of today could be drawn toMarlborough Street Magistrates Court, a desk used by make a similar comment of the tall, concrete and glassall of his successors at that court until the close of that court rooms, the Westminster Magistrates Court, risingCourt but a decade ago. from Marylebone Road and now replacing the building in Bow Street.Middle TempleNew House WinesWe recently introduced new house wines with ourown Middle Temple label. You may already havetasted these new wines at dinner in Hall or at arecent function. These wines were made for usby the Casteja family who own, inter alia, ChâteauBatailley, Château Lynch-Moussas and ChâteauTrottevielle. We import these wines directly fromthe Casteja winery in Bordeaux. We are delightedto offer these new wines for off-sale to members,at a cost of £9.95 per bottle, or £9 per bottlefor purchases of 12 bottles or more.(prices correct as at July 2018 and subject to change).For further details, please contact the Events team on020 7427 4820 or at [email protected] 2018 Middle Templar

EDUCATIONEducationThis year has seen the introduction of our new customer relationship management system.You will all benefit from this innovation as it will allow every member of Middle Temple tomanage their own membership online.For the Education Department, this has meant some •  67 mock pupillage interviews have been coordinatedsignificant change. Students and members can book theirQualifying Sessions online, meaning they are completely • 128 students, in teams of two, entered the Rosamundindependent from our opening hours. In an additional Smith Mooting Competition, the final of which will bedevelopment, we have moved applications for Major held in OctoberScholarships from the paper-based application form to anonline application. We are hoping to extend this to other •  99 students have been allocated a sponsorservices that the Inn offers in the near future. • 22 pupils have received financial support under our2018 has been busier than ever and has seen our student pupillage support schemesmembership expand. At the time of writing, we haveadmitted 715 new members in the last 12 months. That is • 144 pupils have attended our pupils’ coursesnearly 200 more than last year, aptly demonstrating thatthe Bar is as popular, and competitive, as ever. • We have also run training courses on Advocacy and the Vulnerable for the first time. In this first year 139The statistics below (for August 2017 – July 2018) delegates have been trainedwill give you an insight into the work we have donein the last year: That is only a brief overview of the work that goes on inside the Education Department. We simply could not• We have received 425 applications for Major do it without the continuing involvement of our members Scholarships and awarded £1.2 million in funding who give up their time to judge moots, act as sponsors, to 133 successful candidates teach advocacy, interview for scholarships, or help in any one of the myriad of areas in which we need support.•  We have called 418 student members to the Bar You can read more about this in our article on how to get involved with Education at the Inn.• 200 students have attended residential advocacy courses at Cumberland Lodge and in York If any of these activities might attract you at all, please get in touch by emailing [email protected]; we are always grateful for new volunteers! 2018 Middle Templar 55

YORK ADVOCACY WEEKEND LAURA-BETH DAWSON & HEATHER WALKERYork AdvocacyThe 2018 York Advocacy Weekend was held at the Principal York Hotel, just steps from the trainstation. While it isn’t Cumberland Lodge, the hotel is a stunning setting for an advocacy weekend.Laura-Beth Dawson has just Another aspect of the weekend was the optionalcompleted the BPTC at the University activities. The students were given the choice of a visitof Law in Leeds, has a law degree to York Crown Court, a talk on pupillage applicationsfrom the University of Hull and will and, especially for this year’s students, a guided tour ofbe undertaking an Amicus internship York city walls given by Lord Justice Jackson. I opted forin 2019. She works for LPC Law as a the court visit. This was fantastic as it gave the studentscounty court advocate. an uninterrupted fully guided tour of a crown court. We got to know the history of the court; with York being oneHeather Walker read Law at the of the oldest in the country. There was some surprisingUniversity of Leeds and is completing and intriguing historical aspects to the court. We evenher BPTC at the University of managed to catch a glimpse of the famous ‘York CourtLaw, Leeds. She volunteers with Ghost’, which appears in one of the wooden panelsthe Yorkshire Tribunal Advocacy behind the judge’s bench.Programme and intends to practiseback home in Barbados. …We even managed to catch a glimpse of the famous ‘York Court Ghost’…Middle Temple is the only Inn to offer an advocacy Each night Middle Temple treated us to a deliciousweekend in the North. This is a huge bonus, as it saves dinner in the hotel. There was no assigned seatingon travel costs and time for most of the students. The so students were able to sit with the Benchers andhotel was excellent: the rooms we stayed in were very trainers. This gave students an opportunity to meetcomfortable and the facilities were first-class. some of the leading judges in a very relaxed setting. The conversations over dinner were very entertainingThe Benchers and experienced barristers who made and ranged from the latest judgments to vacations theup the Advocacy Trainers were very helpful over the year before. Following dinner, most of us carried on withweekend. Every student was nervous before the first drinks and, if you were lucky, a very nice barrister wouldsession but by the end of the weekend, these nerves offer to buy you one. This was a great opportunity tohad vanished. The trainers were very friendly and network and ask more experienced members about lifeapproachable while helping each student with something at the Bar, pupillage and anything else you could think of.that he/she could work on to improve. In my last session,one of the trainers made the comment that it was very The most impressive aspect of the weekend was havingrewarding for her to see us take on her advice and she Lord Justice Jackson present. Being an avid civil lawwas impressed by the improvement in our advocacy over student, I was especially pleased to get the chance tothe weekend. As a student, it was very helpful to receive discuss with him his reforms of the civil justice systemtips and advice on how to improve from members of the especially since a large proportion of the BPTC coursejudiciary and barristers and it aided us greatly when we is based on the CPR rules governed by the reformswere in advocacy classes on the BPTC. that he put into place. The students were treated to an after dinner talk by Lord Justice Jackson on the lastA main part of the Advocacy weekend was the large evening which was both intriguing and enlightening. Itgroup sessions. The primary one was a case analysis was incredible to have such a renowned expert, highlysession. This involved an in depth discussion on the regarded in civil law, give some insight into not only thecase the students were using to base their advocacy current civil litigation structure but also the problems andpreparation on. This was particularly useful in giving issues, past and present. Not only this, but I was fortunateus a set of guidelines and tools to use on the BPTC enough to be in Lord Justice (Master) Jackson’s advocacywhen preparing for advocacy assessments. group. I found it very helpful and valuable to have his feedback on my advocacy pieces, which have helpedThe advocacy trainers helped the students understand me better myself in my current advocacy assessmentswhy case analysis was important in preparing for on my BPTC.advocacy assessments and taught us how to approachcase analysis through highlighting various techniques Overall, the advocacy weekend is an invaluable experienceto utilise. and it is an opportunity that should not be missed!56 2018 Middle Templar

CUMBERLAND LODGE ANDREW HAMBLERAn Advocacy Skills Weekendat Cumberland Lodge –a Brief RetrospectiveThe advocacy skills weekend at Middle Temple, which I attended from Friday 9 to Sunday11 March 2018, was a pleasant surprise. The rural surroundings and the 17th Century lodgeaccommodation in Windsor Great Park gave the weekend something of the feel of ashooting party, albeit an unusually well attended one. Dr Andrew Hambler works in Higher Opportunities to network in a relaxed way were also Education, teaching Employment very useful and I met a wide range of very interesting Law to business students and people amongst my fellow-students and the various researching law and religion. experienced barristers, silks and judges who came to He is a part-time Bar student at the offer their expertise as instructors. As a fortysomething, I University of Law in Birmingham. was particularly delighted to meet someone in my group two years older who had recently secured pupillageNot a weapon in sight, however, although sporting (clearly it can be done!). I am particularly grateful to theneeds were amply provided for with a pool table and two instructors in my group – I will spare their blushes bytable tennis table down in the mysterious and extensive declining to name them, but their perceptive instructionbasement (ideal, as it turned out on Saturday evening, (and encouragement) was the greatest benefit of all. I leftfor late night parties!). Anyone who had the urge to with renewed self-belief and motivated to make a successgo for a run could do so along some of the many of this key aspect of a barrister’s craft.picturesque paths which snaked through the Park To anyone with the opportunity to apply for one of the(I restrained myself!). What was in store was an four iterations of the advocacy weekend next year, Iunexpectedly relaxed and very practical experience of would strongly recommend it – and there is of coursecriminal advocacy, mainly in small groups, focussing the added incentive of ticking off three more Qualifyingon the ‘core skills’ of examination-in-chief, cross Sessions in the process!examination, pleas in mitigation and closing speechesby each participant in front of the group, and with the Windsor Great Parkaid of materials provided before the weekend (buthappily not too many materials!). The use of the Hampelmethod meant that feedback needed to be acted uponimmediately with a second attempt required. My owngroup was fortunate to have both a very supportiveexperienced barrister and a public speaking expertas the instructors and they provided a combination ofvery useful tips, on both the craft of advocacy and voiceproduction/public speaking more generally.The accommodation was of a very good standard – asa mature (would-be) entrant to the profession it cameas something of a throwback to years gone by to roomup with a Bar School friend, but it was surprisingly fun.The bar was intimate and the food was excellent.I learned from this weekend that (unlike the relentlessintensity of Bar School) a programme of study can beat a moderate pace and yet still constitute a deeplearning experience. 2018 Middle Templar 57

THE LIBRARY TRAVELS ADAM WOELLHAFQualifying Sessions andCPD Outside of LondonIn February this year, I left the safety of the Temple’s cobbled streets to delivera Qualifying Session on legal research to Middle Temple students studying fortheir BPTC at Nottingham Trent University. This was the first time the Libraryhad offered a QS legal research session outside of London. Adam Woellhaf has been the Training Other sessions are more squarely aimed at barristers in & Development Librarian at Middle practice – at any stage of their career and in any area of Temple since October 2015. He has law. A popular session entitled ‘Navigating the Free Legal worked in law libraries for over eight Web’ explores authoritative free legal websites useful for years, having previously worked a practicing barrister. Subscription databases are excellent at the Institute of Advanced Legal resources, but expensive, and not all barristers will have Studies, University of London. ready and easy access to them at all points in their careers. Knowing what is out there for free is a useful skill,The session, billed as ‘Everything You Wanted to Know as is knowing how to effectively navigate those resources,about Legal Research but Were Afraid to Ask’, offered an i.e. search facilities on free sites are not always as efficientintroduction to legal research resources and techniques and sophisticated as on subscription legal databases.to help bridge the gap between academic research andthe more practical nature of barristers research. It was an This session also equips delegates with other skills inexcellent experience to meet student members who are searching the internet – offering alternatives to Google,rarely able to visit the Library in person, and to illustrate how to the get the most out of open-access searchwhat the Inn is able to offer its members who are not engines and how to trace archived versions of webpages,based in London. amongst other tips and tricks. I also highlight tools and resources that might otherwise go overlooked, suchThroughout the year, the Middle Temple Library offers as how to use Google Advanced, setting up your ownlegal research training to its and other Inns of Court Google Custom Search and how to do point-in-timemembers. This training comes in a variety of forms and searching on legislation.gov.uk.covers a range of topics. The introductory sessions offeredon the essentials of practical legal research are aimed at This session was also livestreamed online, which enabledstudents as well as barristers wanting to refresh key skills. members to tune in wherever they were, and this is something we hope to offer more of in time. As well as livestreaming sessions held in the Middle Temple, the Library would be keen to provide more training opportunities to our members outside of London by coming to you directly. The Library has two jurisdictional specialisms – European Union (including Member States’ law) and US law, and this is reflected in the training we offer. Much of this material is freely available online, so lends itself to being delivered in training away from the Library. As the UK negotiates its future legal and regulatory relationship with the EU after Brexit, knowing how to effectively utilise the rich primary and secondary legal resources on the web will become more and more important for barristers and other legal researchers. To keep track of the latest training being offered by Middle Temple Library look at our website (www.middletemple.org.uk/library-and-archive/library/ library-services/training), the Inn calendar and on social media. Also, please do get in touch with me ([email protected]) if you would like a training session delivered within your Chambers or organisation: we are very keen to make our popular legal research training available to all members, no matter where in the country they are based.58 2018 Middle Templar

ACCESS TO THE BAR AWARDS MASTER DAVID BEANMiddle TempleAccess to the Bar AwardsConsider two hypothetical candidates for pupillage, A and B, both with the same class of degreefrom the same university. A has spent her university vacations doing mini-pupillages, placementsin solicitors’ firms or voluntary organisations with a legal connection, or marshalling for High Courtjudges. B, meanwhile, was working in a shop or behind a bar. Master David Bean was Called to With the help of our Fellows and other academic the Bar in 1976 and was awarded an members of the Inn and our contacts at university Astbury Scholarship. He took Silk in and college law departments, the Inn annually invites 1997 and became a Bencher in 2001. applications for awards from students who satisfy each He was Chairman of the Bar in 2002 of the following criteria: having achieved or being likely and appointed a High Court judge to achieve a First or good Upper Second class degree; in 2004. He was a Presiding Judge success in mooting or debating; references evidencing of the South Eastern Circuit 2007-10. intellectual ability, strong communication skills and Judicial Appointments Commissioner the motivation and determination to succeed at the 2010-14 and was appointed a Lord Bar; secondary education in a state school (or with a Justice of Appeal in 2014. Chairman scholarship to a fee-paying school); neither parent with of the Law Commission 2015-18. professional qualifications; and little or no family history He is due to be Treasurer in 2019. of higher education.Anyone involved with the selection of pupils will have The awards consist of one week’s mini-pupillage in a setcome across these two types of candidate. It is tempting of chambers and one week sitting in court with a judge,to prefer A on the grounds that she has ‘shown an each paid £250.interest in the law’ or ‘acquired relevant experience’.But it is potentially unfair. A may have prosperous parents To get the scheme started, we provided sufficient fundswho live in central London and subsidise their daughter’s for eight awards per year for five years, but I am glad tovacations. Perhaps one of them is a successful member report that with support from Master Pat Edwards, theof the legal profession who can arrange marshalling or late Master Jeremy McMullen and the Commercialmini-pupillages by picking up the phone. Bar Association (COMBAR), the Inn is now making 23 awards each year. The Technology and ConstructionB, on the other hand, has no such subsidy or networks. Bar Association (TECBAR) will be funding two furtherShe needs to earn whatever she can in vacation to make awards from 2019. Many members of the Inn help toends meet. She may, for all you know, have greater make the Scheme flourish. Barristers arrange mini-potential than A. She is disadvantaged particularly by pupillages in their chambers. Judges have awardnot having done mini-pupillages since they operate both winners marshal for them. A stalwart and devotedto tell chambers about the mini-pupil and the other way group give up their time to sit on interview panels toaround. Her choice of chambers to which to apply is likely select the award-winners (and have been known to fundto be less informed then A’s. an additional award personally when the tie-breaking decision has been especially difficult to make). I amThe Bar will only survive, and will only deserve to survive, grateful to all of them. There is no better demonstrationif it recruits the best and the brightest among talented of the Inn working as a community.young lawyers irrespective of their backgrounds. This waswhat led me, jointly with Master Andrew Hochhauser, to It is heartening to hear of award winners going on toestablish the Middle Temple Access to the Bar Scheme start a successful career. They include tenants at Falconin 2011. Chambers, 1 Garden Court Family Law, 36 Bedford Row and Park Square Chambers, Leeds, among others. I believe that more will follow in the years to come. At a time of increasing financial hardship for many students, we are keen not to lose sight of the great importance of diversity to the future health and strength of the profession. The late Master Paul Jenkins was deeply committed to this cause and those of us who are set to follow in his footsteps are likewise committed. I hope that many members of the Inn will contribute to the scheme either financially or by participating in one of the ways I have described. If you would like to know more about the Middle Temple Access to the Bar Scheme, please contact Christa Richmond, Director of Education Services, at [email protected] 2018 Middle Templar 59

ADVOCACY MASTER DAVID BLUNTMessage from theDirector of AdvocacyNot everyone, myself included, finds it easy to deliver the Hampel Method effectively.Looking and listening, making a note, spotting the feature of the trainee’s performancethat needs to be highlighted, thinking of the memorable headline, giving the playback, explaining why it is wrong, and giving an adequate demonstration of how itshould be done, is a big multi-task. Master David Blunt was Called to Congratulations are due to Masters Sibby Salter and the Bar in 1967. He was a member Jessica Lee, who, having been elected by Parliament of 4 Pump Court until he retired in earlier in the year, were Called to the Bench on 10 July 2016. He ultimately specialised in 2018 – confirmation that outstanding service to the Technology and Construction Court Inn and the profession do not go unrecognised. work, sitting as a deputy judge in A busy criminal practitioner and a mother of three, that court and also in other divisions Sibby has been a trainer since 2006 and an indefatigable of the High Court. He served as advocacy trainer over the years; she also trains the New chairman of the Students and Practitioners. Jessica served as MP for Erewash and as Barristers Affairs Committee from Parliamentary Private Secretary to Master Dominic Grieve 2007-12 and was a prime mover in when he was Attorney General. She is also a trainer onsetting up COIC`s matched- funding scheme providing funding the Pupils’ and NPP Courses. She practises in Family Law.for chambers unable to themselves fund pupillages. Currently,he is the Inn`s Director of Advocacy.If any trainers out there have a stock of handy headlines, …So my call to trainers is that when,and don’t mind being the victim of plagiarism, please in September, you receive a list of theemail them to Indira Pillay or Jessica Masi. I think this dates of all the advocacy courses forcould be helpful to trainers like me who are not born the next twelve months, or when youmulti-taskers. receive updates closer to the date of particular courses, you try andOne can be a good and effective trainer without being commit to being a trainer or reservesuperb at it, and, as with court appearances, practice trainer for specific dates and ‘slots’,always makes for better – if seldom perfect. and put them in your diaries.Apart from the trainers the other key figures in the Without Sibby and Jessica, and the numerous othersuccess of the Advocacy Department are, of course, members of the Inn who, like them, sacrifice time,our organisers, Indira and Jessica. The nature of our evenings, and weekends to provide training, theprofession is such that late cancellations by trainers are Advocacy Department simply could not function.unavoidable at times – cases going over, late instructions,etc. These cancellations do, of course, create great We do, of course, have a continuing need todifficulties for Indira and Jessica and it is a tribute to them replenish our pool of trainers, so if you are untrainedand the late stand-ins that we seldom have to cancel a but would like to become a trainer, please contactlecture or training workshop. However, it would be in Indira or Jess, at [email protected] oreveryone’s interest if we could have a trainer and reserve [email protected], and arrangements cantrainer for each and every ‘slot’. be made for you to attend a training session.So my call to trainers is that when, in September, you Master David Bluntreceive a list of the dates of all the advocacy courses for Director of Advocacythe next twelve months, or when you receive updatescloser to the date of particular courses, you try andcommit to being a trainer or reserve trainer for specificdates and ‘slots’, and put them in your diaries. It isunderstood that events may make your commitmentimpossible to fulfil, but if we have some reservesalready lined up for that date, a good deal of stressmay be avoided.60 2018 Middle Templar

SCHOLARSHIPS 2018Scholarships Awarded 2018BPTC Scholarships Individual Named Awards Sir Robert MicklethwaitAwarded 2018 Memorial Scholarship Atkin Chambers Scholarship Abigail CheethamThe Queen’s Scholarship Raivi Rahman State School ScholarshipLaurence Harris Blackstone Scholarship Jake Edwards Eloise Churchill Terence Fitzgerald ScholarshipQueen Mother Scholarships Brick Court Chambers Scholarship Laura CotonAlice Beech, Kayleigh Bloomfield, Amy Hutchings Winston Churchill ScholarshipMaxwell Cope, Serena Crawshay- Connor Scholarship Julia WynnWilliams, Evie Dean, Jade Fowler, Thomas WardRehab Jaffer, Eva Lienen, Charlotte Cunningham Scholarship GDL ScholarshipsMallin Martin, Mia McNevin, Charlotte Jaime Turner Awarded 2018Noddings, Thomas Parsons-Munn, Godfrey HeilpernGeorgina Rea, Holly Saunders, Shanze Memorial Scholarship Queen Mother ScholarshipsShah, Nicholas Taylor, Katrina Walcott, Robert Povall Eliza Lass, Ellen O’Neill, ThomasElizabeth Walsh, Nyasha Weinberg Helena Normanton QC Scholarship Rodgers Endersby Bramble Badenach-NicolsonDuke and Duchess of H.R. Light Scholarship Diplock ScholarshipsCambridge Scholarships Tanya Jones Joseph Giddings, Carl Rix,Daniel Holt, Faiza Khan HHJ Paul Clark Scholarship Rebecca Whiticar Molly DackDiana, Princess of Wales Hubert Monroe Scholarship Harmsworth ScholarshipsScholarship Emma England Claris Bell, Lydia Newman-Saville,Holly Hemming Jerry Parthab Singh Scholarship Peter Saville Acland BryantAstbury Scholarships Joseph Jackson Scholarship Astbury ScholarshipsRebekah Batt, Bethanie Chambers, Jasmine Harrison Carolina Bax, Toby Frampton,Thomas Clarke, Alexander Findley, Leolin Price QC Scholarship Gavin WilsonCharlie Hill, Samuel Irving, Douglas Kate PearsonMaxwell, Kavish Shah, Klara Slater, Lowry-Calvert Scholarship Jules Thorn ScholarshipsJasmine Theilgaard, Emily Tuck Francisc Toma Joseph Chivayo, Calum Hodgetts, Luboshez Scholarship Henry Pritchard, Beatrice Rae, VictoriaDiplock Scholarships Adam White Shoesmith, Rory Turnbull, Lucy UdohEmily Brereton, Magdalena Cass, Malcom Wright ScholarshipLetitia Egan, Eno Elezi, Megan Shannon Woodley Entrance ExhibitionsFoulkes, Joseph Panasiuk, Marie Paris, Melissa McDermott Scholarship Awarded 2018Kellie Salter, Krupa Solanki, Scarlet Oliver CarrTaylor-Waller, Keren Weekes Nicholas Pumfrey Blackstone Entrance Exhibition Memorial Scholarship Joseph Bell, Vivienne Croly, Evie Dean,Harmsworth Scholarships Thomas Saunders Timothy Dowd, Daniel Holt, ShehrazTanjia Bashor, Joseph Bell, Oliver Pump Court Tax Chambers Hussain, Rehab Jaffer, Georgina Rea,Capildeo, Chloe Carvell, Rhianydd Scholarship Holly Saunders, Scarlet Taylor-Waller,Clement, Olivia Cristinacce-Travis, Murtaza Khan Keren WeekesVivienne Croly, Timothy Dowd, Laura Quatercentenary ScholarshipDunning, Emma Fielding, Eleanor Thomas Mallon Harmsworth Entrance ExhibitionGleeson, Maham Malik, Cressida Robert Garraway Rice Scholarship Bramble Badenach-Nicolson,Mawdesley-Thomas, Kelly Purcell- Sian Popplewell Kayleigh Bloomfield, Thomas Clarke,Chandler, Abigail Scott, Eloisa Safford Scholarship Holly Hemming, Charlotte MallinSobrinho, Constantina Tridimas, Shehraz Hussain Martin, Thomas Mallon, ThomasThomas Walker Sir Christopher Benson Parsons-Munn, Nicholas Taylor, Scholarship Elizabeth WalshJules Thorn Scholarships Sherelle ApplebyFrederick Batstone, Joshua Ellis, Sir Joseph CantleyMaria Ferraro, Scott Forman, Jessica Memorial ScholarshipFoxwell, Paige Hudson, Dana Hughes, Jennifer ColdhamMohammed Ilyas, Kitty Kirton, SarahLacey, Isla McLachlan, Shaneez 2018 Middle TemplarMithani, Kiera Riddy, Callum Ross,Joseph Sinclair, Phyllida Spackman,Georgina Swinglehurst, DanielWilshaw, Jason YacoubBenefactors ScholarshipsGeorgia Palmer, Gabriella Quick,Olivia West, Daisy Wrigley 61

ROYAL VISIT  ALEXANDRA WILSONRoyal VisitIn celebration of Her Majesty, The Queen’s 90th Birthday, Middle Templecreated a new scholarship: The Queen’s Scholarship. The scholarship isawarded to a student showing exceptional promise for a career at the Bar. Alexandra Wilson was awarded the Master John Dyson and first Queen’s Scholarship granted Master HRH The Duke of Cambridge by Middle Temple in 2017. She graduated in Philosophy, Politics and Economics from University College, Oxford in 2016. She then studied for her Graduate Diploma in Law and has recently completed the BPTC LLM at BPP University. Alexandra commences pupillage at 5 St Andrew’s Hill in October 2018.Her pupillage is in criminal law and she hopes to specialise inserious crime and youth offending. Her blog ‘EssexToOxford’is popular among students; she enjoys sharing her experiencesand journey to the Bar.I was fortunate enough to have been awarded the first The Royal Family take an active interest in the recipientsQueen’s Scholarship by Middle Temple. The award of such awards and on a number of occasions have metenabled me to fund the majority of my BPTC studies this with the scholars and other members of the Inn. On 31year and to commence pupillage in October. October 2017, HRH The Duke of Cambridge attendedMiddle Temple awards over £1 million to students Middle Temple to meet with the scholars for afternoonstudying the Bar Professional Training Course. All tea. Later that evening, he also delivered a motivatingapplicants are interviewed for scholarships, which are speech at the Rosamund Smith Moot Final.awarded on the basis of merit. Middle Temple determinethe amount of each award according to the student’s It was fantastic to see that all of the scholars presentneeds, which means that the recipients of the most were female and from a diverse array of backgroundsprestigious awards may receive less than others. This providing promise for future representation at the Bar.helps to improve access to the Bar for a wider range of Diversity was one of many topics discussed with thestudents from a diverse range of backgrounds. These Duke of Cambridge and he expressed his and his family’sawards are funded by the generosity of the Inn, its support for the promotion of diversity at the Bar. Hemembers and other benefactors. remarked that his mother would have been proud to see how these scholarships have enabled people to access Master HRH The Duke of Cambridge this profession from disadvantaged backgrounds. Diversity has been at the forefront of the agenda recently. We recently celebrated 100 years since women in the UK gained the right to vote and there are continuing debates on unequal pay in the workplace. The Bar is no different in facing these issues. Underrepresentation and unequal career progression are issues affecting barristers in all areas of the law. One of the best ways to address these disparities at an early stage is to assist students financially in an attempt to level the playing field. The law affects everyone and as barristers our primary duty is to represent the interest of our clients. One of the best ways we can achieve this is by ensuring that the profession adequately represents society. Women and ethnic minorities are still underrepresented in the profession, particularly in the judiciary. Whilst the entry level of the profession is showing real improvement, the senior end has a considerable way to go. These changes do take time as experience and expertise is needed in order to be appointed Queen’s Counsel or to be appointed as a member of the judiciary. It is clear that the only way to improve such diversity is to start bottom-up and continue to improve the representation of students entering the Bar.62 2018 Middle Templar

Master HRH The Duke of Cambridge, Master HRH The Duke of Cambridge, Masters: Ian Burnett and Pat Edwards Alexandra Wilson, Trudi Moore and Elle TaitIssues of diversity particularly affect the Criminal Bar. speakers such as Dame Linda Dobbs, who encouragedBarristers prosecute and defend people from all walks of affirmative action and relayed her personal experienceslife and liberty is often on the line. However, the Criminal of prejudice at the Bar.Bar struggles to attract students from underrepresentedbackgrounds. Continuing legal aid cuts make criminal Qualifying as a barrister is undoubtedly expensive, andwork unattractive to many prospective barristers, and there are hidden costs that most students are not awaresome chambers only offer a £12,000 pupillage award – of until they embark on their barrister journey. Qualifyingwhich is considerably lower than minimum wage in the Sessions (QSs) at the Inn can be daunting to people whoUK. Many of these chambers are in London, which makes are not accustomed to fine dining in historical settings,it practically impossible to complete such a pupillage – and three-course dinners are not cheap. However, Middleeven if you are lucky enough to already live in Fortunately, Temple has extended their efforts towards promotingthe Inn’s Pupillage Support Scheme will to some extent diversity in organising affordable QSs such as thealleviate the problem for Middle Temple pupils. Sherrard Conversations, which are only £5.Low pupillage awards merely exacerbate the existing The Duke of Cambridge took the time to listen to eachfinancial barriers at the Bar. The Bar Professional Training scholar’s journey to the Bar. Many revealed the strugglesCourse costs as much as £19,000 at London providers, they faced at school, or university and others spoke aboutand the law conversion course (Graduate Diploma in overcoming personal challenges in adulthood. EachLaw) costs around £11,000. With undergraduate degrees scholar had a unique story to tell and the sharing of thesecosting £27,000 in tuition fees alone, this equates to a stories was inspiring. He praised each scholar for theirvery expensive (and often unaffordable) legal education. ability to persevere despite facing adversity.It is reassuring to see the incredible effort Middle Temple The topics of conversations throughout the evening weremakes in addressing these issues of underrepresentation. wide-ranging and included discussions of the Duke ofIn addition to the generous scholarship awards, The Cambridge’s own education. He shared his experiencesInn offers funded work experience to undergraduate of school, particularly his love for various sports, includingstudents from underrepresented backgrounds and grants rowing and rugby.to members completing publicly funded pupillages.This year, Middle Temple has hosted a diversity event, He also expressed his admiration of the legal professions,organised by Middle Temple Students’ Association, with particularly the Bar. He was impressed by the dedication and commitment that young people have to demonstrate Sharon Okorejior, Elle Tait, Master HRH The Duke of at such an early stage in their education and career. Cambridge, Natalie Cargill and Jessica Lawson He said how honoured he felt to be invited to Middle Temple to meet the scholars and to deliver a speech at the Moot Final. A big thank you is owed to all of the staff and barristers at Middle Temple for their continuing hard work to support ongoing diversity initiatives and orchestrate these generous scholarships. The scholars are grateful to all of the benefactors and without these scholarships the Bar would not be possible for many of us. The Royal visit was definitely an experience to remember and whilst there is still a lot of work to be done, the introduction of new scholarships such as the Queen’s Scholarship will hopefully inspire intelligent and motivated young people from a wider range of backgrounds to consider a career at the Bar!2018 Middle Templar 63

VIS MOOT NICHOLAS HIGGS25th AnnualWillem C Vis MootIn March 2018 a team of Middle Temple students traveled to Vienna to participate in the25th Annual Willem C. Vis International Arbitration Moot. The moot finals were the culminationof many months of hard work. This article provides a brief insight into the competition. Nicholas Higgs has just completed his BPTC at the University of Law and hopes to be Called to the Bar in November 2018. An Atkin Chambers Scholar, he holds a degree in Civil Engineering from Cardiff University and a Master’s in Construction Law from King’s College, London; he took the GDL at the University of Law. In a former life he was a Chartered Engineer with Ove Arup and Partners. He begins pupillage at 39 Essex Chambers in September 2018.The moot competition was originally instituted to Nicholas Higgs, Helen Moizer, Japanese team,promote the United Nations Convention on Contracts Front row: Vis Adjudicatorsfor the International Sale of Goods (CISG), publishedby the United Nations Commission on International Our journey began in October 2017 when the team wasTrade Law (UNCITRAL). Each year teams from around selected by our coaches, Lord Hacking, Masters Jeffreythe world compete in linked competitions in Hong Kong Gruder and Zoe O’Sullivan. At this point, the teamand Vienna, with a problem based on a CISG contract were quite unfamiliar with international arbitration, andsubject to an arbitration agreement; this year following reading the moot problem left us little wiser. Additionallythe UNCITRAL rules. daunting was the prospect of learning both the substantive and procedural grounds for the Claimant and the Respondent. Nonetheless, we persevered, and began to digest Professor Ingeborg Schwenzer’s enormous textbook on the CISG, with Redfern and Hunter on International Arbitration, whilst also rote-learning Blackstone’s and the White Book for our BPTC studies. In last minute panic, as only the most skilled law students know how, we completed our written memoranda for firstly the Claimant and then the Respondent by January, after which time we began the advocacy training. Regular training sessions with David, Jeff, Zoe and coffee helped to refine our arguments and somewhat adjust our nascent English Bar style to something more persuasive to civil lawyer-dominated Vis Moot Arbitral Tribunals. Some teams go to Vienna without participating in any of the Pre-Moots. We were very fortunate to be able to travel to both Munich and Paris for Pre-Moots, and participate in two in London, the Fox Williams Pre-Moot and the LCIA/LSE Pre-Moot (where we came first with the second and third highest individual advocacy scores). The ‘Beast from the East’ did its best to keep the team from the German Pre-Moot, and at one stage, Amanda Brown was alone in Munich for almost 24 hours. However, after sitting through hours of EasyJet’s eclectic stand- by music and making some emergency last minute bookings, the team were able, one by one, to fly over.64 2018 Middle Templar

The Vis Moot teamAmanda Brown  Helen Rodger  Catherine Hartston Daniel Kessler  Helen Moizer  Nicholas Higgs Patrick Wise-Walsh (not pictured)These moots were invaluable practice both for our in the wrong order, meaning that we were mooting notadvocacy and to learn the style expected of teams in the the next morning, but at 8:30pm the same evening! WithVis. They prepared us for elements of Vis advocacy not shock and groans, we hastily turned the taxi around torecognised at the English Bar, for example, turning pages head for the Juridicum where the Moot was to be held.in your team mate’s bundle (in each moot, a team of Myself and Catherine Hartston were the designatedtwo argued both the procedural and substantive issues), mooters for this round with the rest of the team onor hastily scribbling rebuttals for your partner. We did, standby, ready to provide stinging rebuttals and source thehowever, eventually adjust and were quite slick by the time most highly caffeinated beverages possible. This they did,we arrived in Vienna. and after a particularly stellar performance by Catherine (so strong that we had to restrain our coach from behavingDue to an unfortunate clash with the centrally-set BSB like a football coach and hugging Catherine on the fieldEthics exam our arrival in Austria was a little delayed so we of play), we went on to beat Beirut to make the 32, thendidn’t meet any of the other 365 teams until our first round Queensland the following day to make the final 16.at 8:30am on Sunday morning, which felt like 6:30am dueto the shift to both European and Summer time. Unfortunately, this was where our run came to an end, as we were knocked out by the Moscow team that eventuallyThe preliminary rounds saw us mooting against teams went on to beat Cambridge in the final. Our slightfrom Japan, Switzerland, Estonia and Poland over four consolation was that in an earlier private pre-moot againstdays. All teams were then scored, ranked and assembled Cambridge, with Lord Phillips as presiding arbitrator, wein a packed auditorium to find out whether they had made had been judged the better team ‘by a whisker’. A furtherit into the final 64 for the knockout rounds. It seemed that consolation was receiving an honourable mention in theevery irrelevant announcement came before the critical ‘Eric E Bergsten’ award for the best team advocacy in theresults, and we feared that the protracted announcement oral rounds.ceremony was taking a real toll on David’s nerves. Atlong last, the teams were announced. We waited in awful The whole experience has been highly instructive insuspense, hoping that our journey in Vienna had not yet developing those skills we will need to succeed in ourcome to an end. At the announcement of team 63, we chosen careers. The coaching was outstanding, and wewere already planning a gloomy day of revision for the really appreciate the time and effort that Zoe, Jeff andcivil Bar exams. And yet, there we were – team 64! Those David put into dissecting international arbitration lawwho were most stoic became exuberant with shouts of joy. and making us better advocates. It was tough fitting it‘The Honourable Society of the Middle Temple’ produced all in around studies and pupillage applications (one ofperhaps the loudest shout of the evening in that large the team unfortunately had to miss Vienna due to fourViennese auditorium! interviews arranged for that week), but this was wonderful preparation for the business of life at the Bar. The teamThe drama did not end there, 40 minutes into our team also wishes to express their gratitude for the support ofcelebration and in the comfort of our Uber, our coach Middle Temple and of the many generous Benchers whotelephoned to tell us that the teams had been announced helped sponsor our participation.2018 Middle Templar 65

JAPANESE VISIT MASTER CLAUDIA ACKNERJapanese VisitFor those who attended this annual seminar, I can confirm thatit is easier to fly from Japan to London than to make the journeyfrom Hampshire to Waterloo on South Western Railways. Master Claudia Ackner read law at The wonderful Ms Kyoko Kikuchi provided seamless Girton College, Cambridge. She was translation throughout the two days of presentations Called to the Bar in 1977 and joined and we were all in awe of her phenomenal memory for chambers at 4 Pump Court in 1978. long sentences of English legalese that she effortlessly She was appointed a District Judge converted into Japanese. in 2000, a Recorder in 2002 and a Circuit Judge sitting full time in crime The two-day programme of speakers addressed in 2007 at Inner London, Chichester, various aspects of the UK criminal law that our visitors Guildford and Portsmouth Crown were keen to hear about. The Japanese criminal legal Courts. She was elected a Bencher system is inquisitorial. The public prosecutor guides the in 2009 and retired from the Circuit investigation, conducting interviews with suspects as well Bench in 2017. as presenting the cases in court. They also have a career judiciary with the judges in certain trials retiring with theMaybe it was the stress of the 7:20am on 6 March that jury. A reflection of the influence of these seminars is thatunexpectedly terminated at Guildford and/or the fact that certain developments and changes in Japanese criminalI have retired since the last seminar, but the Japanese proceedings have been made, such as the introductionprosecutors and judges this year looked even younger of audio and video recording of police interviews.than I remembered from last year. With 18 visitingdelegates, this is a very popular and sought after event Over two days we listened to a succession of impressivethat Middle Temple has been running in conjunction with speakers who were kind enough to give up their time andthe Japanese Embassy since 2005. There were nine public share in their expertise. Our first speaker, Master Maxprosecutors attending, five judges, two criminal attorneys Hill, gave an impressive presentation on ‘Prosecutingand two police attachés (one a black belt in Martial Terrorism Cases’ drawing on his personal involvementArts). Naoya Maeda, the legal attaché at the Embassy, in some of the more notorious recent terrorist trials priortook a keen interest in the planning of the programme. to his appointment in 2017 as Independent Reviewer of Terrorism Legislation. Our guests found it a fascinating demonstration of his professional mastery of a complex factual matrix.…Master Max Hill gave an impressive presentationon ‘Prosecuting Terrorism Cases’ drawing on hispersonal involvement in some of the morenotorious recent terrorist trials…66 2018 Middle Templar

Master Hill described the painstaking, international What Master Edmunds doesn’t know about DCS isintelligence-based investigations and how this was not worth knowing and he showcased to the Japanesetranslated into a court room presentation that could delegates the brave new world of paperless trials that isbe followed and understood by a jury using state already underway and the future development plannedof the art technology. for our criminal cases.Since his appointment in March 2017 there have been six The superb backdrop of the Thames at Wapping wasterrorist attacks in the UK, with five in London, so Master the setting for a supper party that Master BrennanHill’s second talk on whether the UK’s Counter-Terrorism generously hosted at her lovely flat on the Tuesdaylegislation is fit for purpose was highly topical and it was evening to welcome our Japanese visitors.reassuring to hear from an expert that essentially it is. The next morning Master Jeremy Donne gave anDC Edward Hughes of Thames Valley Police, Force important talk on hate crimes and where these fit inCID, followed with two presentations covering the with freedom of speech. The 19% increase in theseinvestigation of serious criminal cases and the conduct offences since 2014, particularly those that are raciallyof the ensuing interviews. These PowerPoint talks were based, and the triggers such as political events, like theof particular interest to the public prosecutors present EU Referendum and terrorist atrocities were explored.given the major role they play in both and the very From there we moved on to a presentation addressingwide discretion they have in the decision to prosecute. the issue of lack of consent in sexual cases which isDC Hughes’ clear and concise step-by-step analysis approached very differently in the Japanese criminalemphasised the initial priorities of preserving life and courts where, generally, sexual offences will only bethe scene of a crime, followed by the identification of a prosecuted where assault or intimidation is established.victim and suspect, evidence gathering and finally the As a result, prosecutions in Japan have a conviction rateobjectives and conduct of the interviews and the different of over 90% and many of the trials that we have wouldapproach to suspects and victims. simply not be prosecuted over there.Master Janice Brennan gave a highly practical resumé In the afternoon we were given a very interestingof how to get the best out of a prosecution case. She presentation by the Japanese delegates with Ms Kyokoprovided sound and invaluable advice from her wealth Kikuchi going effortlessly into reverse translation mode.of experience. What may seem obvious to us, such as This included an entertaining and concise step-by-the impact of the order of prosecution witnesses, was step guide to the role of the public prosecutor, thevery illuminating to the delegates, who don’t have the development of Japanese law involving drink drivingadvantage of acting for the prosecution and the defence and dangerous driving, including death by carelessin criminal trials. cycling, as well as public corruption cases in Japan both corporate and in government departments.Master Martin Edmunds did a heroic judicial bionicturn fitting in a talk on the Digital Case System (DCS), HHJ Sarah Munro QC, a judge at the Old Bailey andwhilst en route from Isleworth Crown Court to the member of the Sentencing Council, came straight fromJudicial College at Warwick. sitting in the Court of Appeal Criminal Division (CACD) to give the final address, a particularly well-crafted PowerPoint presentation on sentencing guidelines for serious criminal offences. She demonstrated with great clarity the necessary procedure to reach an appropriate sentence, helpfully drawing on real case scenarios, including murder. Not only were the contributions from the speakers greatly appreciated by our Japanese visitors, but Middle Temple hospitality with the use of the Queen’s Room and coffee, lunches and tea over two days added to the success of the event. Christa Richmond ensured that all the arrangements were in place and everything proceeded with the efficiency of a Japanese Bullet train.2018 Middle Templar 67

DIVERSITY AND INCLUSION LYNDSEY SAMBROOKS-WRIGHT & HAYYAN BHABHADiversity in theLegal ProfessionOn 8 March, Lyndsey Sambrooks-Wright and Hayyan Bhabha, members of Middle Temple’s Equality,Diversity and Social Mobility Sub-Committee attended the Westminster Legal Policy Forum’sseminar, ‘Diversity and inclusion in the legal profession – widening access, improving workplaceculture and assessing new regulatory priorities’. Lyndsey Sambrooks-Wright was None of these are new problems but there remain few Called to the Bar in 2008 and effective solutions, despite improvements in respect of practises at Garden Court Chambers. shared parental leave and recruitment procedures. Lyndsey specialises in family and criminal law, with particular expertise It would seem indisputable that action is required to in public law family cases, and promote gender equality in the legal profession. regularly writes for Family Law Week One innovative proposal to address gender inequality and Thomson Reuters (Practical Law) in the legal profession came from Catherine Baksi who on family law issues. proposed that all lawyers, whether solicitors or barristers, should qualify through the CILEx route. Baksi noted thatAmong the many issues touched on during the 75% of CILEx practitioners are female, compared to 48%Westminster Legal Policy Forum seminar was the of solicitors and 36% of the Bar, with a far greater diversityrepresentation of women in the legal professions. of background and education.Speakers included Christina Blacklaws (Vice-Presidentof the Law Society), Rachel Spearing (Chair of the Even that proposal, however, does not address the‘Wellbeing at the Bar’ Programme and Director of problems of retaining women in law throughoutWellness for Law UK) and Catherine Baksi (author their careers. To that end, the Law Society intends toof Legal Hackette’s Brief). produce a toolkit to promote gender equality at all levels of legal firms, supported by the InternationalChristina Blacklaws set out worrying statistics for female Bar Association and LexisNexis. Amit Popat of the Barsolicitors: although 50% of entry level solicitors are Standards Board emphasised the importance of trackingfemale, numbers drop as their careers progress. As a discrimination through working together, whether that isresult, only 25% of partners in private practice are women. discrimination relating to gender, disability, race, faith orWork/life balance remained a live issue, combined with sexual orientation. Some chambers have taken it uponinadequate steps to tackle unconscious bias and the themselves to pioneer flexible working practices, suchgender pay gap. The same trend can be seen at the as supporting job-sharing for barristers working onBar: although equal numbers of men and women are inquiries. Other barristers, such as Rachel Spearing,undertaking pupillage, only 15% of QCs are female. are actively promoting the importance of physical and mental wellbeing.The barriers to success for women are becomingincreasingly well-known. In a session chaired by All these initiatives require support to operate effectively,Baroness Deech, problems such as lack of childcare, and the importance of collective action was emphasisedunconscious bias and the cost of education were noted by speakers ranging from Westminster Law School toto be ‘endemic right across society’. Women remain the Bar Standards Board. Meaningful change requirespredominantly responsible for the care of children or the participation of every segment of the legalaging parents, which inevitably impacts upon career profession, whether through dialogue, training orprogression without the right support in place. fairer recruitment practices. This seminar took place on International Women’s Day, which also marked the centenary of women achieving the vote. It must not take another century before there is genuine equality in the workplace.68 2018 Middle Templar

Hayyan Bhabha was Called to the The seminar was encouraging and timely given that the Bar in 2010 and is a consultant regulators of the legal professions recently developed paralegal, advisor to Government, new diversity strategies, following guidance by the Legal Parliamentarians and third-sector Services Board in 2017. Presentations and discussions organisations on issues affecting took place among policymakers, regulators, firms, British Muslims, and Executive chambers, professional bodies, unions, charities and Director, The Muslim Experience campaign groups to consider the challenges and in WW1. Hayyan is MTYBA’s opportunities to improve access to, and the training and Advocacy Officer. retention of, candidates from a range of socio-economic backgrounds to the professions, as well as developingAt the Grenfell Tower public inquiry, Leslie Thomas QC inclusive workplace cultures and addressing causespowerfully described how the lack of diversity in a public of workplace stress. The experiences of Muslims andprocess can lead to injustice. Commenting on the ethnic people of faith in general in the legal system, however,composition of the victim core participants in contrast continues to be underexplored. In the context of legalto the lawyers, Mr Thomas famously said ‘What must recruitment, for example, there is no data or analysis[the victims] be thinking in terms of: Are we going to available on unconscious bias faced by Muslims in theget justice? Do they understand us? Do they speak our legal professions, nor how that compares to people oflanguage? That affects confidence. Confidence or lack other minority faiths.of it affects participation. And a lack of participation fromthe very people who matter will affect justice. And a lack In the context of the Criminal Justice System (CJS), theof justice is injustice’. review undertaken in 2017 by David Lammy MP that the number of Muslim prisoners has increased from aroundSimilarly, it should be no surprise that a lack of diversity in 8,900 to 13,200 over the last decade. (Overall, BAME menthe legal system on the whole could affect the confidence and women constitute 25% of prisoners but only 14% ofof people from underrepresented backgrounds who the population). Lammy, who spoke at the conference,become involved in it, whether they be practitioners, rightly recognises that Muslims do not fall within oneparticipants, victims or the accused. ethnic category for the purposes of data collection. It is therefore important to better understand the treatmentThe Bar Standards Board’s (BSB) 2018 report, Diversity of, and outcomes for, Muslims in the CJS.at the Bar 2017, highlights that while diversity at theBar is improving there is some way to go before it is The process of jury debate and deliberation can actfully representative of the public it serves. The BSB has as a filter for unconscious bias and prejudice but if aa statutory duty to monitor and promote equality and disparity is identified, practitioners may be able to assessdiversity as an employer and regulator of barristers in how perceptions of jury bias can be addressed whereEngland and Wales. defendants in criminal trials come from minority faith backgrounds – a question considered by many US jurists.Looking at ethnicity data in their latest report, 12.7%of barristers in the profession come from Black, Asian Consider some of the headline research findingsand Minority Ethnic (BAME) backgrounds, with the between 2001-12 collated by Dr. Chris Allen on Muslimspercentage of QCs from the same at 7.2%. Comparing in the media and attitudes of the British public: ‘74% ofthis to the ethnic make-up of the population of England the British public claim that they know ‘nothing or nextand Wales – 86% White, 8% Asian/Asian British and 3% to nothing’ about Islam and Muslims, while 64% claimBlack/African/Caribbean/Black British, according to 2011 that what they know is ‘acquired through the media’.Census analysis – diversity appears to be proportionate at Press coverage from 2006 relating to Muslims andthe Bar. However, the BSB’s report also indicates that the Islam in British national newspapers had increased byproportion of pupils from BAME backgrounds has fallen, approximately 270% over preceding decade, and 91%and given the disparity between the percentage of BAME of the coverage was deemed negative. 84% of pressbarristers (12.7%) to that of BAME QCs (7.2%), it suggests coverage represented Islam and Muslims either as ‘likelythere are challenges ahead concerning the progression to cause damage or danger’ or as ‘operating in a timeof BAME practitioners. of intense difficulty or danger’. Is it time to assess how such attitudes affect Muslims, as well as other faith minorities, throughout the legal system as well?2018 Middle Templar 69

DIVERSITY AND EQUALITY EVENT: 9 MARCH 2018MTSA Event:Diversity and Equalityin the Legal ProfessionOn 9 March 2018 the Middle Michael EtienneTemple Students’ Association held Maham Qureshithis significant event, to celebrateInternational Women’s Day, 100 yearsof Women having the Right to voteand to discuss the serious issuesof diversity and equality within thelegal profession.Geared towards discussing the adversities faced bymembers of varied areas of law and seniority. Therewas a panel of senior and junior barristers who spokeabout their experience of harassment, and obstacles orchallenges in obtaining equality and diversity.Speakers included:• Dame Linda Dobbs DBE• The Hon. Mrs Justice (Master) Maura McGowan• (Master) Bernard Richmond QC• Sally Penni• Sara Ibrahim• Michael Etienne• Charlotte Wanendeya• Rosanne Godfrey-Lockwood70 2018 Middle Templar

RICHARD MURTAGH AMY WOOLFSON Richard Murtagh 1980 – 2018From time to time, we invite junior members to The Open University arranged for Richard to sit one ofwrite an article about their path to the Bar and his exams at a local law school. Richard also spent threetheir experience as a student or pupil. Richard months volunteering with the Commonwealth HumanMurtagh’s story would have lent itself to such Rights Initiative in Ghana. On top of all of this, Richardan article. Sadly, we never got the chance to supported himself by singing and playing acousticask him. His friend Amy Woolfson, a fellow guitar in bars in Europe and the USA.student from the Open University and fellowMiddle Templar, shares her memories of him. Having completed his LLB, Richard began to settle down and focus on his goal of a career at the Bar. WhilstI was first introduced to Richard in early 2014. I was studying for his LLM, Richard and a friend won the UKcoming to the end of my LLB with the Open University Environmental Law Association moot, judged by Lordand was considering studying an LLM at a bricks and (Master) Carnwath. This was one of his proudest momentsmortar University. Richard was one step ahead of me, as an advocate. He joined Middle Temple, and washaving graduated from the Open University in 2012. awarded a major scholarship.He was studying for an LLM at the University ofBirmingham. Richard encouraged me to pursue my Richard loved Middle Temple and was a great fan of theambition of a career at the Bar, and recommended Cumberland Lodge advocacy course, completing it twice.that I join Middle Temple. He was Called to the Bar in 2016.  Richard’s mother got a parking ticket. Like many aspiring barristers, Richard had many setbacks Using his characteristic powers of on his quest for pupillage. At one point he seriously persuasion and attention to detail, considered giving up and retraining as a physics teacher. he challenged the parking ticket with But he persisted, and was thrilled to secure pupillage with Birmingham City Council – and won! the Crown Prosecution Service in Birmingham. It sparked an interest in the law that grew and grew for the rest of his life. Richard began his pupillage in November 2017. It is no exaggeration to say that he loved it. And he deserved to.Richard was a Birmingham lad, and a paragon Open He had worked so hard, and had made his own luckUniversity success story. At the age of six he was along the way. I have no doubt that a brilliant careerdiagnosed with bone cancer in his right leg. Seven years was ahead of him.and over sixty operations later, his leg was amputatedand he was able to return to school. Richard died suddenly on Easter Monday, aged 37. He is survived by his partner Angela, and their twoRichard was bright, but the cancer had disrupted his year old daughter Georgie.education and this dented his confidence. He left schoolwith 4 GCSEs and did not progress to A Levels and In all the time I knew him, Richard remained one stepuniversity. Instead, Richard went to work for a local ahead of me. He shared his experience – and his notestransport company. – from the Bar course, advised me on how to approach my Middle Temple scholarship interview, and encouragedThen, in 2005, Richard’s mother got a parking ticket. me and countless other Open University students toUsing his characteristic powers of persuasion and pursue our goals. Richard’s enthusiasm and resilienceattention to detail, he challenged the parking ticket with were, and will remain, an inspiration. The world is goingBirmingham City Council – and won! It sparked an to be a bit lonelier and a bit quieter without him.interest in the law that grew and grew for the rest of hislife. He began to study with the Open University.A great advantage of Open University study is that itcan be completed anywhere in the world. Richard madethe most of this. He spent 10 months as a capitaldefence intern with Amicus in Mississippi. 2018 Middle Templar 71

CAREER OPTIONS  MICHAEL HARWOOD & MONIFA WALTERS-THOMPSONAdvice on the Gap BetweenCompleting the BPTC andObtaining Pupillage.There can be little doubt that successfully obtaining pupillage remains one of thebiggest challenges facing any aspiring barrister. And whilst this fact has not changedfor many years, the way in which that is being achieved is shifting. Michael Harwood was Called to I later worked at the London office of a US law firm as a the Bar in 2012 and is the current paralegal on a multi-million-pound commercial case. President of MTYBA. Michael is a This started out life as document review role but evolved barrister practising in public law as the case progressed towards trial, providing me with and has undertaken several roles a useful insight into litigation process and strategy. Short as a legal adviser to government. and long-term paralegal roles will often be available Michael is committed to representing through legal recruitment firms, so it is worth depositing the interests of all the Inn’s junior a CV with a few of them if this is what you are after. members, with a particular focus on promoting positive mental health I then obtained a place on the Court of Appeal judicial and wellbeing. assistant (JA) scheme, as JA to Lord Justice (Master) Longmore. The role, which runs for the ten-month judicialThe seamless transition from degree to bar school to year, sees JAs working closely with their assigned judgespupillage is rare. A substantial number of those BPTC in preparing their allocated appeals and permissiongraduates who go on to secure pupillage now do so after applications. Often this requires JAs to provide concisecompleting the vocational stage (in my case two years summaries of the facts, issues and arguments in theafter completing the BPTC). This will in part be because appeal, having digested many bundles of papers. As wellthe demand for pupillages remains as competitive as as providing a fascinating insight into the judicial mind,ever, but I think it also reflects the value that Chambers the role exposes JAs to varied and often complex legalincreasingly place on the variety and benefit of questions and the opportunity to frequently observeopportunities undertaken by applicants post BPTC. some great – and occasionally terrible – advocacy. For these reasons I could not recommend this roleThe upshot of this is that the post BPTC period has enough for equipping aspiring barristers with the skills,become more important than ever in shaping the knowledge and experience they will need.prospects of aspiring pupils. This can be a difficultperiod to navigate, where the need for obtaining the MTYBAbest possible experience to enhance the prospects ofpupillage must be balanced against having job security, Middle Temple Young Barristers’ Association providesservicing post-study debts, and meeting living costs. a substantial programme of events and opportunitiesInvariably some opportunities which appear to provide for those in the pre-pupillage period. This includesthe best experience are the least lucrative, most unstable pupillage application advice and mock interviews, anand most popular. Whilst the type of experience you seek annual jobs and opportunities fair for BPTC graduates,will depend on your area of practice, there are a variety of and an International Internship Awards scheme, to fundopportunities available. My own experience is far from a unpaid internships abroad. You can find out more aboutblueprint, but I hope it might provide some inspiration. these at www.mtyba.orgOne of my first roles post-BPTC was as a county courtadvocate in courts around London and the South East.There are a variety of organisations which employ BPTCgraduates to attend a limited category of private countycourt hearings and the role provides fantastic advocacyexperience as well as good working knowledge of civilprocedure and the workings of the county courts.I was often asked about this work at pupillage interviewswhich tells me it is an opportunity well-known andregarded by Chambers.72 2018 Middle Templar

Monifa Walters-Thompson was What you lack in contacts you can make up for Called to the Bar in 2014 and is a in determination. Check the Young Legal Aid Lawyers family law barrister at Garden Court Jobs website regularly for interesting volunteering Chambers. She undertook Pupillage roles and opportunities. at 4 Brick Court, specialising in family law and care proceedings. Non-legal roles are an option She graduated with a 1st from the University of Kent. Before coming to My year at a start-up from 2015-16 was instrumental to the Bar she worked for Barnardo’s me gaining pupillage. My application was informed by Children’s Charity, as a freelance that year of experience in the working world – with a paralegal and a customer success salary and one place to wake up and go to every day. team member at a start-up. Now, she You never know what opportunities will be afforded to enjoys contemporary dance classes you. I was sent to California to work on a project as a alongside a busy family practice. result of my knowledge of compliance; and I created a new system in the company for communications. TheseDo not limit yourself experiences may not seem directly relevant to what youCompetition is fierce for all legal roles. The length of are trying to achieve but they serve multiple purposes:time it takes people to get pupillage is only extending. (1) Real life experience of a work place. This is differentTo reflect this, paralegal roles often require significant from a part-time job while you are at university; orexperience that likely has not been available to you. even a role you have held into adulthood. MeetingIf you are in the unfortunate position of having little new people and learning how a new environmentpractical legal experience you will struggle. That is not works is instrumental to your personal and professionalthe end of the road. development; (2) Giving you a taste of salaried living. How do you know you truly want to be a barrister whenAfter making a raft of applications at the end of BPTC you have not tried anything else? In particular, learningI continued my part-time role(s) at Barnardo’s Children’s whether or not you can live without a formal salary andCharity and did an unpaid internship at a solicitor’s firm. how you feel about going to the same place every day.I lived at home so between my role as a support worker Do you relish that? Is it something you would not wantand supervisor in the office, I earned enough to get by. to give up? Or, does it make you bored out of your mind? (3) A choice. A year or two working creates its ownDo not be disheartened by continued rejection from opportunities for promotions, salary rises and people tolegal roles, it is wonderful preparation for your meet. You may decide you do not want to come topupillage applications. the Bar. The power of having a tangible choice and knowing that pupillage is not your only option evenUse every contact you have though you have done your BPTC is invaluable.Anyone you have met who has taken an interest inyour legal career may be of use to you. Ask them for As my favourite American surrealist author (Tom Robbins)mini-pupillages or if they know of any roles available. says, ‘Success can eliminate as many options as failure’.And, think back! Even if you think you do not knowanyone useful, really consider it because you have a By April 2016 to some extent I had given up. Threewider network than you lead yourself to believe. years of applications and I was exhausted by rejection. I decided I would not apply. Then, sitting alone in myAfter the unpaid internship I was offered a full-time role. Airbnb in Noe Valley, San Francisco I thought to myself –However, the salary was too low for me to be able to what am I doing? I want to be a barrister. I wrote my finalmove out. I contacted a barrister who I had met through year of applications in two weeks.a competition at Kent University and she was lookingfor a paralegal. The timing was perfect. If you know you want to join the Bar, this is my advice: Write applications. Every year. Improve every year. It may take three years; it could take five but you only need one interview. You only need one offer.2018 Middle Templar 73

A DAY IN THE LIFE OF A PUPIL NAVPREETH GIHAIRA Day in the Life ofa PupilMy pupil supervisor is solely a criminal practitioner, so I spent the first fourmonths of my common law pupillage in the Magistrates and Crown Courtsand the final two months with members of the Civil, Employment andCommercial teams in Chambers. Navpreeth Gihair was Called to the In addition to shadowing at Court, I attended Bar in 2013, and is currently a pupil conferences in chambers and prisons with lay and barrister at St John’s Buildings. professional clients. On occasions I was asked to prepare She is undertaking a Common a case as though I would be conducting the hearing. Law pupillage. She read Law at I found this a valuable learning experience as it has the University of Birmingham and helped in the preparation of cases now that I am in my graduated in 2012. She went on to Second Six and managing my own caseload. complete the BPTC at Nottingham Law School. I have been on my feet since April, and have been taking on a variety of Civil and Criminal cases. Everyone inWith over 230 barristers in Chambers, I was encouraged Chambers has been incredibly supportive and proactiveto work with different practitioners across the four in ensuring I am prepared for my hearings. To say nolocations. This proved a fantastic opportunity to meet two days have been the same is unsurprising. The clerksas many members of Chambers as possible and gain ensure I have the right balance between being kept onexperience across the North of England and Wales. my toes but not overwhelmed.Seeing a broad spectrum of work has given me an insight …This sense of camaraderie isinto the type of cases I would undertake in my Second much appreciated after a longSix, and the progression to more complex cases as my night of preparing cases, leavingpractice develops. the house at 5:00am and taking 3 trains to get to court!During my First Six I drafted statements of case,opinions and skeleton arguments for various members I have been made to feel a part of Chambers from theof Chambers. This pushed me to develop my drafting start of my Pupillage and no matter what time of the day,and legal research skills. The difference between drafting there is always someone willing to pick up the phone andon the Bar Professional Training Course (BPTC) and in discuss a particularly tricky case with me.practice was a steep learning curve, and I welcomedfeedback from members of Chambers on my written work In addition to members in my own Chambers, otherin order to quickly form good habits. Over the course of practitioners whom I encountered in my First Six havemy First Six, I was grateful that with each piece of work I been encouraging and assisted me in court, should anyfelt more comfortable in applying the relevant law to the last minute issues arise. This sense of camaraderie is muchfacts and coming to an appropriate conclusion. appreciated after a long night of preparing cases, leaving the house at 5:00am and taking three trains to get to court! The clerking team go beyond what is expected of them to ensure there are a minimal numbers of issues that will arise in the course of my day. Often, I will call or email in with a problem only to be informed they have already generated and implemented a solution. Pupillage has been challenging at times, but the welcoming work environment has meant that this feeling is never long-lasting. I am constantly reminded of why I entered this profession, whether it be a grateful client or the sense of satisfaction when conducting a new and difficult case.74 2018 Middle Templar

A DAY IN THE LIFE OF A NEW TENANT HELEN LONGWORTHA Day in the Life ofa New TenantIt is half past nine in the evening. A bird is singing into the gloaming outside my dining roomwindow. I have just written the final notes for a closing speech that I expect to give tomorrowat a local Crown Court. My cross-examination is prepared, as much as it can be. Helen Longworth was Called to The endless adrenaline, mental checklists, learning the Bar in 2016, having transferred points, failing and trying to rescue it. That makes this from a career in the charity sector. a job like no other I have ever had. That makes it more She was supported by a scholarship frightening than any job I have ever had. That makes it from Middle Temple. She practices better than any job I have ever had. in crime and joined the chambers of Charles Garside QC at 9 St John Of course, I’m only a year on my feet. I don’t have a trial Street in Manchester in September every day. I do have work every day, which is a huge relief. 2017, having completed her pupillage there under the supervision Usually, my day starts at 5:45pm the evening before. of Vanessa Thomson. A flurry of emails and a string of appointments will populate my inbox and calendar. A phone call from aI have re-reviewed all the CCTV footage following the clerk, ‘Miss Longworth, tomorrow I need you to cover...’.defence’s interrogation of the officer in the case this I’ll open the digital case files, or read through a PDF brief.afternoon. The cool evening air is beginning to seep into I’ll dig through any notes left by previous counsel.my room. I have spent half an hour on the phone to myformer supervisor checking that my submissions are not I try to finish the case reading and preparation bywrong and that I am planning to deal with the prepared 10:30pm, remembering to eat about 50% of the time.statement of the defendant in the right way. The internal Written openings for sentence or any other requireddoubting voice that is always worried that I will mess documents will be uploaded. However much I mighteverything up is trying to convince itself that I really aspire to 10:30pm, bedtime will inevitably be midnighthave prepared what I need for tomorrow and that I do with a cup of herbal tea absent-mindedly cooling on theknow the case. side table.I picked this trial up at 5:50 pm on Tuesday evening and I’ll be up the following day, coffee and toast, then thethen started on Wednesday. It started with a phone call tram to Manchester or a train to further afield with thefrom my clerks informing me that it was not in fact listed coffee in a flask. The court day is rich and varied. If I can,in the city centre but in another town on circuit. That was I will chat with a member of chambers to learn somethingimmediately followed by a phone call from a very senior new. I will send messages to my pupil supervisor andmember of chambers asking about these three other other people in chambers when I get stuck. I ask for timematters that she now had to cover and I had been due a lot. I kick myself under counsel’s row when I know Ito deal with before the trial started. So the two and a half could have been more eloquent. Sometimes a detailedhours preparing them the night before was not wasted note or a previously written opening will save the day, asas I could brief her in 25 minutes and just about get to it did in March as I picked up a bench warrant of a mancourt on time. Unlike my witnesses, who had not had the who had not turned up to be sentenced in Decembermessage until too late. They might be on their way, or on a day when I’d had 5 committals for sentence andthey might be fed up with the whole idea. written an opening for each. I call my clerks when I’m done and then scroll through my diary to see if anythingThere was a possibility of resolution. The morning was new is in that I could make a start on. A couple of hoursspent negotiating, checking witnesses were happy with in chambers on advices, taking tea, or chatting with mya plea to a lesser charge, that the Crown Prosecution roommate brings me back to 5:45pm and tomorrow’sService were. Everyone was. The defendant wasn’t. instructions.She wanted a trial. We started the trial at 3:30pm. I madea speech. It was functional, not beautiful. I sat down I love what I do. It matters. The people are interesting.and kicked myself at leaving something important out. The camaraderie is all anyone could hope for. There’s aI tried to keep a poker face whist writing in capital letters private joy as your gown billows behind you in a sharpadmonishing myself in my notebook. I remembered that turn when you realise the courtroom you want is on theI am actually quite new to this. I remembered that last other side of the building. Like Obama, you wake up andyear every day felt like an exam that I had failed to put on the same uniform black suit. You wheel your bagrevise for. At least now it’s merely a learning curve of along the street, down the steps to the tram and headrollercoaster proportions where I don’t quite trust that off into town. At some time today it will go wrong andI’m strapped in properly. someone will help you, a clerk, the usher, the judge. At some point today you will have to apologise. At someNothing prepares you for the responsibility of running point today you will know something or have just enougha trial. The constant need to do your absolute best, change in your pocket to get a cup of tea from a canteen,to check everything that you have time to check. if you’re in that kind of court, and perhaps, just perhaps, you might be able to keep the show on the road. 2018 Middle Templar 75

A DAY IN THE LIFE OF A PUPIL SUPERVISOR ALISON PICKUPA Day in the Life ofa Pupil SupervisorI am an employed barrister at the Public Law Project (PLP), a national legal charity whichaims to promote access to judicial review for those who are disadvantaged by povertyor other barriers to access. In 2017 we were offered the opportunity to provide a placefor a pupil barrister through the Justice First Fellowship (JFF) scheme. Alison Pickup is Legal Director of Matt had previous casework experience but it has the Public Law Project where she been rewarding to see him make the shift towards practises as an employed barrister. approaching research, advice and drafting as a barrister. Before joining PLP, Alison was in PLP’s casework is low volume so it has been necessary private practice at Doughty Street to actively seek out opportunities for Matt to observe Chambers where she had a claimant- courtroom advocacy and gain practical experience. We focussed public law practice with a have achieved this by ensuring Matt was able to go to particular focus on migrants’ rights. court on every PLP case in his first six (whether or not I She acted in a number of legal aid was involved) and at times arranging for him to observe cuts cases, including representing cases relevant to PLP’s work and his interests, even where PLP in its successful challenge to the we were not otherwise involved. He has undertaken proproposal to introduce a residence for legal aid. Alison received bono advocacy as part of his access to justice projectthe award of Legal Aid Barrister of the Year in 2015 and was also (an essential component of the JFF scheme) and isrecognised as Chambers and Partners UK Bar Awards’ Public currently training as a duty scheme advocate for theLaw and Human Rights Junior of the Year. Asylum Support Appeals Project. We also arranged for him to spend a day in the clerks’ room and a period ofThe JFF is a two year programme originally established secondment at Doughty Street Chambers in second sixby the Legal Education Foundation to encourage and to gain experience of self-employed practice.support would-be solicitors to train in social welfare law.It had expanded to encompass pupillages on the basis Supervising a pupil necessarily requires you to ‘goof a model which involved spending 12 months as a back to basics’ and ask yourself: why do I structure mycaseworker at the Bar Pro Bono Unit followed by a 12 arguments like this? What are the steps I go throughmonth pupillage in Chambers. PLP wanted to explore the when carrying out legal research? Why did I respondpossibility of offering an employed pupillage, preceded in that way to the judge’s question? This is necessaryby 12 months working as a paralegal in PLP’s casework in order to share those skills and give constructiveteam. With that in mind I qualified as a pupil supervisor in feedback to your pupil about what they have done wellMay 2017 and we applied to the Bar Standards Board for and where they need to improve. I have also found thatapproval as a pupillage training organisation, which was Matt asks questions about substance, procedure andapproved in July 2017. Our first pupil, Matt Ahluwalia, tactics that make me think differently about my casesjoined us in September 2017 to start pupillage straight and examine my approach again, from a different angle.away, and we were also joined by Ollie Persey, who is My experience of supervision so far is that I am learningcurrently working as a paralegal in our casework team almost as much about my own practice as I am teaching.and will start his pupillage in October 2018.I have found the experience of supervising Mattinteresting, enjoyable and rewarding. Nine years aftercompleting my own pupillage, the first challenge wasto think back to what it was like starting out as a pupil,what were the things that I would most like to havebeen told and given reassurance about, and what werethe best learning experiences for me. Tips from thetraining which I found particularly useful included makingsure that I was clear with Matt, from the outset, aboutexpectations in terms of hours of work, dress code, andmeeting deadlines. PLP as an employer already has awell-established structure for supervision and appraisalwhich could readily be adapted to the requirements ofpupillage. I learned early on the importance of givingregular and structured feedback on Matt’s writtenwork, and was able to see immediate improvementsin response to constructive feedback.76 2018 Middle Templar

GET INVOLVEDMiddle TempleHow to get Involved…The Middle Temple Education Department offers a number of services and providesinformation to its student members to introduce them to life at the Bar and help themhone their skills as advocates. We can only provide all these opportunities to ourQstudents with the generous help and support of our members.Are you interested in supporting Judge mootsthe next generation of barristers? Each year we run the Rosamund Smith Mooting Competition, where a minimum of 64 teams compete through knockout rounds. The first four rounds, fromDid you benefit from similar January to May, take place in the Rutledge Suite in the Library providing students with an excellent opportunityassistance on your way to to practise their mooting in front of a limited audienceobtaining tenancy? and to receive useful feedback. We are looking for members who have been in practice, post-pupillage, for 5 years or more to act as judges.Read on to find out about the different ways Offer marshalling placementsyou could get involved in the Inn’s education (judiciary and recorders only)and training. The marshalling scheme gives students the opportunity to marshal with a judge or recorder (sit with him or herBe a Sponsor (mentor a student) on the bench in court), usually for between 3 and 5 days.We are aware that an institution such as the Inn, with its As well as showing a different perspective on thetraditions and formality, can appear daunting. We provide courtroom itself, it can be an opportunity to speak tostudent members with a sponsor to befriend them and the judge informally which can give further insight intoto help them understand how the Inn and the Bar work. the workings of a court.Sponsors are barristers who have volunteered to take apersonal interest in the progress of a number of students, Provide mock pupillage interviewstheir spondees. They are not intended to act as tutors We offer those members with imminent pupillageor welfare officers, still less can they offer pupillages, but interviews the opportunity to practise their interviewthey are available to be consulted when spondees need technique and receive feedback. We match applicantsadvice, even if only to suggest where to apply to for with a barrister with the appropriate specialisation fromfurther help. a different chambers.There is a parallel Mentoring scheme run by the Hall In order to provide this scheme we rely on practisingCommittee to pair up junior barristers with a more members to act as interviewers. There is no fixed timeexperienced practitioner. Visit the Middle Temple website commitment; interviews will take place on an irregularor contact [email protected] if you would basis, based on when we receive applications (usuallylike to find out more. January-April). We are looking for individuals from all practice areas and all circuits.Teach advocacy Speak at one of our Qualifying SessionsThe Inn offers advocacy training to students, pupils and (on your area of practice, an ethical problem,practitioners. All our advocacy trainers are fully trained and/or an interesting point of law)themselves and undertake team-teaching before they Each Qualifying Session consists of an educationalstart teaching by themselves. element and a collegiate element. For a number of our qualifying sessions, a member of the Inn will provideEach year we run: a 30 minute lecture before the meal. This is a great opportunity for students to learn about an area of law or•  Pupils’ courses an aspect of practice that isn’t covered on the Bar Course.•  New Practitioners Programme If you are interested in getting involved with any of the activities described above or have any questions, please•  Advocacy and the Vulnerable courses contact Sally Yorke on [email protected]• Residential advocacy courses for students on the BPTC, at Cumberland Lodge and York 2018 Middle Templar 77

LIFE IN THE ROYAL AIR FORCE FLIGHT LIEUTENANT MARK KARPINSKIRoyal Air ForceTwo career choices interested me during my time at university – criminal lawand the military. I wanted to use weekends and holidays productively and alsogain good life experience, so I joined the Royal Military Police (TA). A few yearslater I transferred to the 600 (City of London) Squadron, RAF Reserves andthen joined the RAF Legal Branch on a full-time basis in January 2012. Flight Lieutenant Mark Karpinski was Called to the Bar with a Harmsworth Scholarship in 2014, having qualified as a solicitor in 2012. His career in the Royal Military Police, RAF Legal Branch and latterly the RAF Police has taken him to Afghanistan, Brunei, Canada, Cyprus and Germany. He is not currently in practice and serves as second-in-command of the Falkland Islands Joint Policing & Security unit (JSPSU). He has also been appointed an Inspector in the Royal Falkland Islands Police (RFIP) for the duration of his time there.I was initially posted to Herford, Germany, which is The first case I was given, my ‘starter for 10’, was theabout half way between Dortmund and Hanover. seemingly simple matter of a sailor who had breachedBritish forces, their dependants and many civilian a direct order.contractors are subject to English law in Germany,so criminal investigations are carried out by the This should have been sorted quickly, however, theRoyal Military Police. defence raised a number of arguments about the lawfulness of the order and, following a ‘first instance’My role was criminal defence; this largely involved decision at Portsmouth Court Martial, we ended up in theattending military police stations and, occasionally, Court of Appeal. This fairly trivial matter turned out to berepresenting in the Court Martial at Sennelager. the leading case on the lawfulness of military orders; the order was deemed lawful and the matter sent back toWe dealt with suspects being investigated for a full Portsmouth Court Martial for trial.range of offences, effectively acting as a criminal lawfirm would back home. Cases ranged from routine fights Court Martial work generally proved interesting andto serious sexual offences, and occasionally the bizarre – challenging. Following the implementation of thea drunken soldier who ‘TWOC’ an armoured vehicle and Armed Forces Act 2006 the Court Martial has become,drove on public roads sticks particularly in the mind. effectively, the military equivalent of the Crown Court, presided over by Judge Advocates who are alsoThe role also involved travel to other parts of the world, Circuit Judges. Defence lawyers are often experiencedas there are not many English-qualified lawyers in civilian barristers from top chambers, so you really haveAfghanistan, Brunei and Canada! Wandering around to have your wits about you as a prosecutor. This isCamp Bastion in combat dress with a Glock strapped particularly challenging for those with little advocacy orto my thigh whilst clutching a copy of Archbold was a criminal law experience.somewhat surreal experience and definitely not in anyglossy law firm recruitment brochure. Lawyers posted to the SPA have full oversight over a case from the moment it lands on their desk as a police report.Perhaps the best thing about Germany was the lifestyle. This is very different from the CPS, where the case-work isThe people were extremely hospitable, the food was done ‘in house’ and then sent to Court for someone whoexcellent and the beer was out of this world. There is essentially a full-time advocate but does no casework.was so much to see and do and you could really makemaximum use of the weekends. I lived on barracks In late 2015 I moved from the SPA to the Serviceand there was a vibrant mess life – trips to Dusseldorf, Complaints Team at HQ Air Command, RAF HighCologne, Berlin and Hamburg were common. Wycombe. Military personnel are not employees, we are Crown servants. We do not have redress to theFollowing two years in Germany I was posted to the Employment Tribunal in most matters, so instead weService Prosecuting Authority (SPA) at RAF Northolt, have the Service Complaints system.effectively the military Crown Prosecution Service (CPS).78 2018 Middle Templar

Any serviceperson can make a complaint about any There have also been a few moments where The Billaspect of their working life. The case is then decided has met Soldier Soldier; where I have been out there inupon to see if they have been ‘wronged’ or not. full ‘police rig’ making tactical decisions on the ground.Complaints tend to start out being reviewed by the Being first on the scene to a suspect package andindividual’s Commanding Officer at first instance, subsequently making the call to evacuate a 4* militaryhowever, can be escalated on appeal to a full oral HQ was an interesting day. So was the time a soldier withhearing before a panel; almost a court case in itself. serious PTSD locked himself in his room, threatening to commit suicide and also threatening to kill anyone whoThe role of the lawyer in the Service Complaints Team attempted to enter. We talked him out and got him theis to provide legal advice to the officer or panel making medical help he needed.the decision. Many complaints fall in the areas ofemployment law, public administrative law and terms I am now deployed to the Joint Service Police andof service. Most advice is provided in written format, Security Unit (JSPSU) in the Falkland Islands, a remotehowever the system was reformed in 2016 and there are and isolated environment akin to the Outer Hebridesnow far more opportunities for lawyers to get involved of Scotland but 8,000 miles from the UK. It is a uniqueadvising senior decision makers at oral hearings. location and we are required to provide all the elements of Service policing and security mentioned above.In May 2016 I took a voluntary transfer to the RAF Police. In addition, all Service police are ‘sworn in’ to the RoyalFollowing a period of training my first tour of duty was Falkland Islands Police (RFIP) and we regularly carry outcommanding a large section in the UK comprising joint patrols and operations.police, soldiers and also MoD Civil Servants. This was avery different role from the Legal Branch – I had gone In summary, the military can provide an interesting andfrom being a specialist providing advice, to leading and varied alternative career for those who might not want tomanaging a team of 65. go down the ‘traditional’ route of joining chambers or a law firm. I would thoroughly recommend it to anyone justAside from day-to-day police duties the RAF Police are starting out, or those who are established but looking forresponsible for protective security of personnel and an interesting change.assets, risk management, cyber security, air transportsecurity and military working dogs. I had to learn a lot It should be noted that the nature of the job involvesand had a number of sub-teams under my command. a posting roughly every 2 years, and there is alsoNotwithstanding the professional element of ‘getting the occasional 6-month deployment overseas.the job done’ I also had to deal with a number of people Notwithstanding this, the variety, camaraderie, and thewith welfare issues – in such a large team there are always places you get to go make it a job like no other. It is alsogoing to be a few with personal or family problems. And possible to join up as a reservist and serve on a part-timeit is often managing and supporting people that is the basis. More information can be found by researching themost challenging element of being in command. RAF Recruitment page online. Per ardua ad astra.2018 Middle Templar 79

Temple Women’s Forum The Forum was set up in 2011 as a way of supporting and inspiring women at the Bar through the course of their careers. It has expanded very quickly to encompass members of both Middle and Inner Temple, but we welcome guests from other Inns and from different parts of the profession (both men and women, students, practitioners, judges and clerks). We hold one event in Hall each year along with a networking event held in Inner Temple Garden, with speakers talking about their life experiences and a panel discussion on a particular topic. If you would like to sign up to our mailing list, please contact [email protected] Middle Temple Counselling In 2018-19 the Inn will continue to offer a free and confidential counselling service on site to all student and junior members of the Inn to 7 years’ Call. The service offers support with both personal and professional issues from a qualified and experienced therapist. For more details about the service including how to access please contact Christa Richmond, Director of Education Services: [email protected] 2018 Middle Templar

London Marathon 2018On Sunday 22 April, Middle Temple hadseven courageous runners take part in theVirgin Money London Marathon fundraisingfor The Middle Temple Scholarship FundAppeal and Heads Together.The 6 runners and their times -Chloe Cina 06:43:41Anthony Edwards 06:57:58Oliver Jackson 05:13:17James Keeley 06:17:05Darren Latty 04:19:52James Legg 04:33:14The total raised including gift aid was £4,975.51Legal Walk 2018Middle Temple would like to say a bigthank you to all who signed up to walkwith us this year!Barnaby Bryan, Richard Frost, Lia Jhala, Olga Manrique,Jessica Masi, Annabelle Michael, Andrea Micutiu,Oliver Muncey, Christa Richmond, James Rogerson,Tara Ryan, Olu Sanusi, Kristina Schmidt, Alexandra Stan,Migena Toci, Dean West, Anthony Hainsby,James Keeley, Jess Purchase, Alexandra Wilson,Darshan B Roopun, Priya Prabha, Edmund Choi,CJ Navarro, Henry King, Elle Tait, Aisling Cowell,Rebecca Reynolds, Bill Hawks, Abigail Bright,Sandia Buhorah, Jungwon Kim, Robert Levack,David Hacking, Yohana Bereket, Hester Calderand Robert LevackThe total raised including gift aid was £895.15Middle Temple Overseas SocietiesHong Kong Mauritius Malaysia Gibraltar SingaporeThe Middle The Mauritius The Malaysia The Gibraltar The SingaporeTemple Society in Middle Temple Middle Temple Middle Temple Middle TempleHong Kong was Society was Society was Society was Society willformed in 1998 formed in 2007 formed in 2013 formed in 2016 be formed in September 2018For further information on each of these societies please contact the Membership Office –[email protected] 2018 Middle Templar 81

MTSA EMMA HUGHESMiddle Temple Students’ Association 2017-18OverviewThe last year has continued in a busy vein for the Middle Temple Students’ Association (MTSA).Here is an overview of the year’s highlights: Emma Hughes is the President of the We hope that everyone who attended found the event MTSA for the 2017-18 academic year. both valuable and fun. We also held a similar event She is a Jules Thorn Scholar. A focussed on pupillage interviews in Manchester on mature student and single mother, 23 February 2018. She received a 1st class LLB from West London University and is Diversity & Equality in the Legal Profession currently studying the BPTC with To celebrate 100 years of women having the right to vote, LLM at BPP Law School. Emma is MTSA was proud to have hosted a line up of exceptional passionate about Women’s Rights panel members to discuss important issues of diversity, and achievements and diversity equality, and harassment within the legal profession on and equality. 9 March 2018. This free qualifying session was geared towards discussing the adversities faced by membersMTSA Christmas Party of various areas of law and seniority. There was a panelOn 2 December 2017, MTSA hosted a Winter of senior and junior barristers who spoke about theirMasquerade Ball. This was a sensational event, with jazz experience of harassment, and obstacles or challengespiano performances, a live band, carol singing, festive in obtaining equality and diversity.treats, and a catwalk competition. This was a greatopportunity for students from all institutions to relax MTSA & MTYBA Pro Bono and Employment Fairand bond after a challenging first term. MTSA joined forces with MTYBA to host an Employment and Pro Bono Fair where people could sign up forBSB Consultation volunteering, and jobs. We had a very good turn outIn January 2018, MTSA drafted a response to the BSB with a host of exhibitors which enabled those whoconsultation paper on Future Bar Training, as well as attended and who have some sort of legal training topersonal responses from committee members and fellow seek paralegal, judicial clerking and research roles.students. We also created an interactive survey thatproduced graphs and analysis of the trends in responses. Mental Health & Well Being AwarenessThis was given to the BSB and played a key role in On 22 June, MTSA held a Mental Health in theensuring the role of the Inns was acknowledged and a Professional Life workshop, organised by our Equalitypositive conclusion to the responses meant any doubts and Diversity Officer, Sharon Orejior. Life at the Bar canof the roles of the Inns were dissuaded. be stressful and demanding, whatever stage you are at. The workshop focussed on our mental health in the fastLondon Pupillage Event paced, but easily accessible nature of the Bar. It alsoOn 24 January 2018, MTSA hosted a pupillage event in provided tips on organising and balancing personalHall. The panel shared information about their areas of and professional life.practice, personal pupillage journey and finally top tipsfrom a pupillage committee point of view from those Debating Workshopswho sift applications and conduct interviews. There Two debating events were organised by our Debatingwere also testimonials from students who successfully officer Merlene George on 28 June and 9 July. The aimobtained pupillage in varying practice areas. A pupillage was to bridge the divide between contesting debatesapplication workshop was also held, in which students in a court of law and contesting them in the court ofhad their applications marked and critiqued by a host public opinion.of barristers. Richard Murtagh Memorial Moot MTSA plans to hold a Richard Murtagh Memorial Moot on 10 January 2019 in order to remember Richard’s remarkable life and share his enthusiasm for mooting and the criminal law with a new generation of aspiring barristers. Richard was a pupil barrister who tragically passed away this year. Richard loved the Inn and he loved mooting. In 2013 he won the UK Environmental Law Association junior moot, judged by Supreme Court judge, Master Robert Carnwath. Winning the moot gave Richard the confidence to persevere with his dream of practising as a barrister despite the obstacles he faced on his path to practice. You can read an appreciation of Richard’s life on page 72.82 2018 Middle Templar

MTYBA MICHAEL HARWOODMiddle TempleYoung Barristers’ AssociationIn another challenging year for the junior Bar, it has been a busy 2018 for MTYBA(Middle Temple Young Barristers’ Association), as we strive to support our membersthrough the change and uncertainty that many of these challenges present. Michael Harwood was Called to MTYBA has endeavoured to provide a strong voice for the Bar in 2012 and is the current the junior Bar on issues touching the profession as a President of MTYBA. Michael is a whole. We were pleased to see that the BSB adopted barrister practising in public law many of our responses to the ‘Future Bar Training’ and has undertaken several roles consultation, including the raising of the minimum as a legal adviser to government. pupillage award, a significant outcome for the junior Bar. Michael is committed to representing We have also strived to support our members, friends the interests of all the Inn’s junior and colleagues affected by the action taken in response members, with a particular focus on to the AFGS. promoting positive mental health and wellbeing. It has been a busy year, and even at the time of writing we still have many exciting events and opportunities toThis year’s offering has combined the staples of come, including: support for pupils starting pupillage thisthe MTYBA calendar with some new events and autumn, our advocacy competition (kindly sponsored byopportunities. Our three-part pupillage application Hammicks Legal), more CPD and of course our Christmasprogramme continued to provide comprehensive support Party. Arguably the highlight of our calendar will be ourto pupillage applicants at every stage of the process, and Annual Dinner, now in its third year. We are delighted tofor current pupils we provided advice and war stories to confirm that the Lord Chief Justice, Lord (Master) Burnettsupport the transition into second six. For junior tenants of Maldon, will be the after-dinner speaker. This will surelywe launched our ‘Practical Law’ CPD series with talks not be a night to miss.on mental health, police and disclosure law and werefortunate to be joined by some first-rate speakers. Social I would like to thank the many volunteer panellists,events in both the spring and summer provided a great judges, interviewers and speakers without whom wechance for members to let their hair down and discover a would not be able to put on many of our events. Thanksfew of the many great watering holes London has to offer. also go to the Inn and its staff for their support inA first for MTYBA this year was hosting a film screening of ensuring these events are able to run. Lastly I would likeCalais Children: A Case to Answer, in partnership with the to acknowledge the hard work and dedication of the 2018academic Professor Sue Clayton. Our annual Jobs and MTYBA Committee: Michael Polak, Richard Reynolds,Opportunities Fair for BPTC graduates was well attended Sarah Taylor, Matthew Howarth, Sophie Wood, Monifaand gave members the opportunity to speak to a wide Walters-Thompson, James Gould, Matthew Withers, Maxrange of exhibitors offering employment and voluntary Melsa, Emma Walker, Hayyan Bhabha and Lauren Suding.opportunities in the legal sector. Proof, if it were needed, that cooperation and good- humour are the cornerstones of success.MTYBA’s presence outside of London continues togrow, not least in Manchester, where our fantastic MTYBA represents Middle Temple members from thenorthern sub-committee continues to put on social and date of Call through to the first seven years of practice.educational events for members on the Northern Circuit. To find out more about what we do and how to getThe Pupillage Interview Support Scheme (despite its involved, visit www.mtyba.orgregrettable acronym) was a particular success, with manyparticipants successfully obtaining pupillage.Our two flagship awards schemes – the Intern Awardand Practice Development Grant – each received worthywinners. This year’s Intern Awards, which offer £1000grants to pre-pupils undertaking internships abroad,went to Ibe Amogbe, Laura Broome and Helen Clarke.The Practice Development Grants of £500 are offered tojunior tenants to support an activity or course to developtheir practice. Congratulations to Alex Cisneros and DariaGleyze on being awarded these. 2018 Middle Templar 83

DONATIONS RENAE SATTERLEYMiddle Temple LibraryDonationsThe Library would like to thank the following people fortheir generous donations of books to the library:Master Robin Allen: Master Rupert Jackson:Employment Law and Human Rights, 2018 The Reform of Civil Justice, 2018Master Michael Blair: Master David Lynch:Financial Services Law, 2018 A Century of Liverpool Lawyers, 2002; Northern Circuit Directory 1876-2004 and Supplement 2005-15;Master Michael Bridge: The Role of Circuit Courts in the formation of UnitedBenjamin’s Sale of Goods, 2017; The International Sale States Law in the Early Republic, 2018of Goods, 2017; The Law of Personal Property, 2017;The Law of Security and Title-Based Finance, 2018 Myles V Lynk: Restatement of the Law (3rd): The Law GoverningWayne Clark: Lawyers, 2000-18; Principles of the Law: TransnationalTenants’ Right of First Refusal, 2017 Civil Procedure, 2006; Principles of the Law: Intellectual Property: Principles Governing Jurisdiction, Choice ofGlen Davis QC: Law and Judgments in Transnational Disputes, 2008;Butterworths Insolvency Law Handbook, 2018 Principles of the Law: Corporate Governance: Analysis and Recommendations, 1994-2018Bernard Doherty:Accidents Abroad, 2017 Master Graeme Mew: The Law of Limitations, 2017Master John Dyson:Justice: Continuity and Change, 2018 Master Charles Mynors: Listed Buildings, Conservation Areas andGillian Geddes: Monuments, 2017The Single Family Court: A Practitioner’s Handbook, 2017 Nasreen Pearce:Carlos Gonzalez-Bueno: Change of Name, 2018; A Practitioner’s Guide toThe Spanish Arbitration Act: A Commentary, 2016 Inheritance Act Claims, 2017; A Practitioner’s Guide to Probate Disputes, 2016The estate of His Honour Michael Goodman:The Canon Law – letter and spirit: a practical guide to Master John L. Powell:the Code of Canon Law, 1995; Essays in Canon Law: a Jackson and Powell on Professional Liability, 2017study of the law of the Church in Wales, 1992; CanonLaw and the law of England, 1987; A history of the crime Barbara A. Radnofsky:of blasphemy, 1928; Infant baptism: the 1983 Code A Citizen’s Guide to Impeachment, 2017of Canon Law and Church of England law; Law andmodernisation in the Church of England: Charles II to Dr Sidney Ross:the Welfare State, 1991; Doctors’ Commons and the Inheritance Act Claims, 2017old court of Admiralty, 1922 Master Eric Stockdale:Master Bruce Harris: Blackstone’s Criminal Practice, 2018The Arbitration Act 1996: A Commentary, 2014;The Ten First Cedric Barclay Lectures, 2017 Sam Thomas: Cyber Security: Law and Practice, 2017Richard Harwood:Planning Policy, 2017 John-Paul Waite: The Employment Tribunals Handbook, 201784 2018 Middle Templar

haynes Creating elegant and contemporary interiors for your home and chambersinteriors Modern designs that will sympathetically reflect the Temple’s heritage City & Barbican specialist, championing British design• Interior Design & Decoration “I really appreciated your To discuss a project, please get in• Bespoke Curtains, Blinds & Rugs cheerfulness, ideas, touch with Michele Haynes:• Property Styling for Sale enthusiasm, persistence T: 07984 884 408 and expertise.” E: [email protected] Barbican resident, partner in Top 10 law firm W: www.haynesinteriors.co.uk

HALL COMMITTEE JULIETTE LEVYHall Committee So – what does HC actually do?Ever Evolving Many people I meet ask me the same questions: whatwith the is HC, and what do we actually do? This year, we haveInn’s Needs set out to define our role by some of the following objectives: Juliette Levy was Called to the Bar in 1992. She practises from Cerulean a. De-mystify the Inn to members so as to enable Chambers, where she specialises in commercial, chancery and them to appreciate the value of active membership telecommunications law. She relishes throughout their professional lives; the opportunities that working with the Inn and on the Hall Committee b. Support the professional & social interests of the bring her, particularly working with barristers from a wide spectrum members of the Inn, in particular the younger of practice areas, experiences members; and stages of practice ranging from student to senior members c. Promote social engagement and collegiality with of the Judiciary. members of the Inn, so as to engage them to play a Welcome to Hall Committee full part in the life of the Inn; The Hall Committee (HC) represents the views and interests of the majority of the Inn’s members, i.e. any d. Increase diversity and social mobility of future member of the Inn who has been Called to the Bar and who is not a Bencher. We represent a broad spectrum members of the Inn. of members and our members come from an equally broad spectrum of practice areas, including members Essentially, we are your friendly neighbourhood Hall from the self-employed and employed bars and MTYBA. members who can help you navigate and unlock the We are a dynamic committee that takes an active role opportunities that being involved in Inn life have to offer in the governance of the Inn. you from cradle to grave. Some of our activities from 2017-18 are detailed below. Evolution of HC I have had the privilege of being involved with HC for Social over six years, two of which I served as Vice-Chair and three of which (including this year) I have served as Chair. The most effective way of breaking preconceptions is to Over the last five years in particular, I have witnessed our engage on a social basis with each other. To this end, we committee’s voice and influence within the Inn grow from offer members a selection of social activities throughout strength to strength. HC owes this in no small part to the the year, with varying degrees of formality ranging from leadership of our 6 most recent Treasurers; Master Igor black tie to pub quiz. Judge, Master Stephen Hockman, Master Christopher Clarke, Master John Dyson and this year’s Treasurers, Annual Dinner – Cressida Dick: Star Speaker Master Paul Jenkins and Master Wilmot-Smith. They On 17 May, we hosted an Annual Dinner that boasted the were, and are, determined to support our members and highest attendance in a decade and even a waiting list. ensure the survival of the Inn for centuries to come, and We wanted to mark two important centenaries. The first, recognise the importance of HC and the members it 2018, is the centenary of women being given the right to represents, in the achievement of this objective. vote. The second, next year, is the centenary of the Sex Disqualification (Removal) Act, which allowed women to We work closely with the Treasurer, the Under Treasurer, enter the legal profession and enable them to become the Inn’s Standing Committees and the Inn’s Directors students of the Inns of Court and be Called to the Bar. and staff to ensure that our member’s needs are addressed. We involve ourselves in all aspects of Inn life Middle Temple has the distinction of being the first Inn and consider it our duty to assist the Inn in any way we of Court to admit a female student, when on Christmas can to meet its objectives and serve its members. Eve 1919, within 48 hours of the Act being passed, it admitted Helena Normanton. We were lucky enough to secure Commissioner Cressida Dick CBE QPM, as our distinguished guest speaker. She is the first woman in the 189 year history of the Metropolitan Police to hold the post of Commissioner. Her speech was brilliant and will be long remembered. Next year’s Annual Dinner will be on 16 May – our aim is to match, if not exceed, this year’s success.86 2018 Middle Templar

Gaudies MentoringThese are held in Tasker’s and evolved out of our ‘meet Some of you may already be aware of our mentoringthe Hall Committee’ initiative. Its objective is to combine scheme which aims to offer mentoring support toan informal environment where we can meet members, members throughout their entire career arc at the Barprovide them with a better understanding of what we after pupillage. Please check out the website for furtherdo, share ideas and learn how they can become more details: www.middletemple.org.uk/members/inn-involved in the Inn, with a reunion event, where members initiatives-and-events/mentoring-schemecan reconnect with each other. To date we have heldevents for members Called between 1992-97, 1998-2003 EDSM & Outreachand from 2012 onwards. Further are planned this year At the Annual Dinner, we launched our crowdfundingfor Callees between 2004-09 and 2010 onwards. initiative in order to raise awareness of, and funds forSo, please look out for your invitations. the Inn’s scholarship, access to the Bar and outreach programmes: www.justgiving.com/crowdfunding/Further planned social events middletemple-hallcommitteeThis year, we will also be providing: Members of HC are committed to EDSM and outreach and are actively engaged with the Inn in initiatives to• St Andrew’s Night Ceilidh: 23 November 2018 – demystify the Bar and encourage students from all this should be particularly popular with younger backgrounds to consider the Bar as a career choice. members for whom Burns Night is too expensive Again, if you have any ideas or know of institutions that would like to benefit from any of these initiatives, please•  A pub quiz in Tasker’s: date tbc let us know.•  Oktoberfest beer tasting in Tasker’s: date tbc Talk to Us! We really do want to hear from you and encourage yourOther work participation! We have set up a Twitter account @MTHallCommittee in order to cultivate and encourageBSB Consultations more direct engagement with you. Please follow us,As part of our commitment to working with and assisting engage with us and look out for our tweets.the junior Bar, and our members, we provide detailed You can also contact any of our members listedresponses to relevant BSB consultations. This year we on the MT website, or by contacting me byhave worked on the Future Bar Training consultation, email: [email protected] a particular emphasis on the importance of the Innto students and all members, and the recent consultation HC Electionson Modernising Regulatory Decision Making. If you have Our annual elections will be held in December. If youany issues you consider we should address relating to any would like to participate more actively in the Inn viaBSB consultation please do let us know and share your HC, please consider standing for election. If not, pleaseviews with us. participate by voting for candidates.Support for the Junior Bar, the Employed Bar, And Thank You… Finally I would like to thank the membersMentoring & EDSM of our committee, all the members of staff at the Inn (particularly Colin Davidson, Oliver Muncey, Glen NewmanJunior Bar and Richard Frost), Cressida Dick and, last but by no meansWe continue to examine the crisis resulting from the least, our Under Treasurer and Treasurer.chronic lack of pupillages, leaving talented aspiringbarristers with no route to practise at the Bar, andconsider initiatives to increase pupillage opportunities.Employed BarOur members at the Employed Bar make up a vitalcontingent of our membership and we are currentlyworking on a variety of schemes to engage and connectwith them, so please look out for these and let us knowyour views.2018 Middle Templar 87

EDSM AT THE BAR MASTERS: STEPHEN HOCKMAN & MAX HILLEquality, Diversity andSocial Mobility at the Bar –the Role of the Inns of Court Master Stephen Hockman has The Inns as a whole, including Middle Temple, provide been Head of Chambers at 6 Pump opportunities for students and junior members to Court since 1997. He specialises in meet and exchange views with senior members of the environmental, health and safety profession, barristers and judges, through mentoring and energy law, and has conducted programmes and numerous educational and social environmental cases as far afield as events each year. These further contribute to the unique Hong Kong and the British Virgin professional ethos of the Bar in this country, something Islands. He took Silk in 1990, was which other jurisdictions seek to emulate. The wide Chairman of the Bar in 2006 and was range of interesting and high-quality Qualifying Sessions Treasurer in 2015. organised by each of the Inns complement and add to the formal training received in the Bar Professional Master Max Hill was Called to the Bar Training Course (‘BPTC’). In this context, an Inn of in 1987, appointed Recorder in 2004 Court such as Middle Temple is well placed to provide and took Silk in 2008. He was made sponsorship and mentoring, counselling and pastoral a Bencher in 2012. He was Leader of support and professional networking. the South Eastern Circuit 2014-16. Independent Reviewer of Terrorism The Inns make every effort to connect with their members Legislation 2017-18 and was recently outside London by both personal and online contact. appointed to be the next Director This includes the establishment of Middle Temple student of Public Prosecutions. He is also associations in various universities. Chairman of the Kalisher Trust, Patron of the London Children’s The Inns are not, however, alone in pursing these charity Scene and Heard and a objectives and helping to ensure that future Bar training Fellow of the Royal Society of Arts. is imbued with the values of equality, diversity and social mobility. Master Max Hill, a co-author of this article, is theIntroduction Chairman of the Kalisher Trust (now in its 21st year), whoseThe Middle Temple, as one of the four Inns of Court, work focusses on helping young people to develop theexists to promote and support the rule of law throughout power of advocacy, and supporting those who aspirethe Common Law world, and the fair and effective to become criminal barristers, with extensive educationadministration of justice which the rule of law requires. programmes for talented young people from varied socialA strong, independent and ethical Bar is an essential or ethnic backgrounds. The Trust also offers bursaries andcomponent of the rule of law. Diversity at the Bar is in university scholarships, the opportunity to become an Oldturn a central pre-requisite. Middle Temple promotes this Bailey apprentice, mini internships, tailored presentationcause, while supporting its members throughout their courses, outreach to primary schools, an essay prize andprofessional careers, promoting excellence in advocacy, an intensive advocacy course. In these various ways,and the highest standards of professional ethics, and the Kalisher Trust aims to identify budding barristers atthrough the education and training it provides. school, and to enthuse, support and mentor at every stage thereafter up to and including the early years inKey to this exercise are the scholarships provided by practice after pupillage.all four Inns (totalling approx. £5.5 million each year),which assist those for whom a career at the Bar would The Equality, Diversity and Social Mobility Committeeotherwise be almost impossible. Also relevant are thequality of the educational programmes offered by the At Middle Temple these issues are pursued by theInns, and in particular the advocacy training, delivered Equality, Diversity and Social Mobility Committee,by experienced practitioners, which supplements the which recently expressed its appreciation of the Inn’sformal Bar course training, and the valuable information advocacy training, noting that the Inn’s commitmentand other resources, and especially the world-class law to, and provision of, advocacy training has been of thelibraries, provided by the Inns to students and members highest standard. Although the line between barristerson-site and remotely. and solicitors seems to be increasingly blurred, the two professions generally hold themselves out as embodying different skill sets. The intensive advocacy training weekend at Cumberland Lodge exposes student members to a calibre of advocacy training that is simply not available outside of the Inns. Inn Membership further provides opportunities to those training for the Bar to meet, learn from, and be inspired by senior members of the profession.88 2018 Middle Templar

A Committee member remarked on his experience at the The Qualifying Sessions are informative, educational andGrand Day dinner, inspired by the presence of, amongst fun and give an outlet at times from the numerous stressesothers, Lord Neuberger, Lady Hale, Lord Dyson, Lord and provide the opportunity to enjoy the wealth of the lawPannick and Professor Paul Craig, all of whom have left a in an unassessed setting.permanent impression on this country’s legal system. Middle Temple students have been able to gainA mature student Committee member described finding marshalling experience from meeting judges duringthe environment of the Inn diverse and accessible. It gave Qualifying Sessions. One Committee member recalledthis person the opportunity to speak to professionals at being given this privilege by a generous judge whoall stages of their careers, and many similar in age and understood the need for more experience. This resultedwith families, who could give sound practical advice in the student observing cases in the Court of Appeal,about life at the Bar, what was required for success, and which provided a forum to analyse the handling andhow to balance family life. This is unique to the dynamic judgment of a case, and allowed an insight into theof an Inn, and not given by BPTC Providers. The Inn was deliberations of the three Lord and Lady Justices whenconsidered essentially to be a family who encourage and formulating judgment. The complexity of legal issuessupport one another, and work alongside one another to and quality of advocacy was extremely sophisticated, andbuild the Bar to be flexible, accessible, affordable, and of the cases ranged vastly, and included both an incorrectimpeccably high standards. decision by a lower court, and a serious procedural error and irregularity. It was a unique opportunity, as a directMiddle Temple Initiatives result of a qualifying session. For those without family in the legal sector, being part of an Inn opens the doorFor the last seven years Middle Temple has had its own to the legal world and provides opportunities. It shouldAccess to the Bar Scheme, aimed at under-graduates, be added that Middle Temple has its own marshallingwhich involves participants having the benefit of two scheme, which arranges placements for students (overweek long placements, one with a judge and one with a 100 a year in the last three years).barrister in Chambers. The participants each receive thesum of £500 for the two weeks and accommodation is Networking opportunities within this community are alsoprovided for those who do not have their own contacts. made available through the Inns to individuals who mightSo far nearly 90 individuals have participated in this not have otherwise met members of the Bar. Studentsscheme and many have gone on to take scholarships, and prospective barristers from socio-economic groupspupillage and tenancies. The funding for this scheme, who would not routinely encounter barristers and judgeswhich is entirely voluntary, comes from a number of outside of the Inn benefit significantly from access to thisbenefactors, in particular senior members of the Inn professional community. So does the employed bar, whichwho were responsible for setting up the scheme, and a through the Inns, is able to stay in regular contact withsubstantial injection of funds also arose by way of a legacy other members of the profession, otherwise often notfrom the estate of a recently deceased Bencher. These easy to achieve. The Inn also works to connect individuals,voluntary contributions are of a nature which we believe for example introducing barristers with disabilities to eachis unique to the Inns of Court and in this instance unique other, in order to share their experiences and developto Middle Temple. systems to assist and build connections. One Committee member has commented as follows:The scholarships that Middle Temple offers are designedto incentivise and reward hard work and a commitment I’ve certainly been in contact with a number of disabledto the Bar. For some they make the difference between students in the past and have (hopefully!) been ablepursuing the career path or not, and significantly to assist them, but only because MT facilitated thatalleviate the financial burden of studying the BPTC. connection. It simply wouldn’t have happened withoutOne Committee member indicated that: the Inn because we wouldn’t have known of each other. Moreover, I certainly would never have met a barrister or aFor many from humble backgrounds, such as myself, the judge prior to applying for pupillage if it wasn’t for MiddleInn actually makes the BPTC a real possibility. In granting Temple, my family just didn’t move in those circles!me a scholarship the Inn made my aspiration of becominga barrister real. As a single mother who worked in retail Conclusionand events for many years, taking the step to work parttime and study was extremely scary. Without the support In general, Middle Temple, like the other Inns of Court,of the Inn I would never have been able to afford the constitutes a professional community, which thoseBPTC. Not only has it given me a hope for a better future who join are invited to become involved in. Like anyfor myself, but for my son as well. The role of an Inn in community, the Inn provides support for its membersa student’s life can be the making of them. Joining the but can also give them a sense of purpose and anStudent Committee opened my eyes to the extent of the understanding of shared values, which is so importantcare, time and skill taken to ensure the Inn gives the in the context of the function of the justice system.best to its members. Whilst it is conceivable that other institutions could offerQualifying Sessions provide an informal atmosphere one or more of the items in the above list, it seems towhich allows students access to the most esteemed legal us inconceivable that any institution other than an Innprofessionals, providing a suitable forum to engage in a of Court could encompass all these benefits, includingwarm, relaxed environment. From a personal point of view the crucial benefit of creating a vibrant and lifelongQualifying Sessions enriched my experience of the BPTC, professional community.creating a balance with the taxing demands of the courseand the thrill and joy of being part of something greater.2018 Middle Templar 89

BENCH CALL MASTER FENELLA MORRISBench Call 12 June 2018I am delighted if not a little surprised to be called to be a Master of the Bench ofMiddle Temple. The main reason I’m here is because of Master Treasurer –Wilmo – who encouraged me to try something that I thought was not for me.And the origin of the reason why I thought it was not for me goes back a long way. Master Fenella Morris was Called to And, like the image of his judgey ancestors the thought the Bar in 1990 and took Silk in 2012. that I was not quite the right sort of person to be a Specialises in public law, human barrister – to convince a judge, to inspire a client, to rights and discipline and regulation. persuade an opponent – haunted me. But I did become Joint head of the Public Law Team at a barrister, and a reasonably good one. And I became a 39 Essex Chambers. Trustee of the QC (also after quite a bit of encouragement from another Free Representation Unit. Author Wilmo-type person). And, surprisingly enough, I am of a number of texts on the Mental becoming a Bencher. Capacity Act 2005 and contributor to Disciplinary and Regulatory A nother Wilmo figure Proceedings. encouraged me to think of the Bar. I thought thenMy first degree was not in law. And when I finished my too that it was somethingdegree I was completely unsure about what to do next. that was not for me. I wasIn fact, I was working in a pub. Another Wilmo figure from a state school, notencouraged me to think of the Bar. I thought then too rich, not privileged andthat it was something that was not for me. I was from not very self-confident.a state school, not rich, not privileged and not veryself-confident. But I thought I would like to live in There are two important things that occur to me now inLondon, so I was persuaded to apply to study for the light of all that. One is that ‘people like us’ – peoplethe Bar and I was accepted. who aren’t privileged in all the ways one might be – by class, wealth, education, race, gender, sexuality – areOn my first trip to Middle Temple, I met someone I knew barristers. And there are more of us these days than whenfrom University. We hadn’t been particularly friendly I started. The other is that that change is not just goodbecause he seemed so different from me – he had gone for us: it is also good for the justice system and society.to a top public school and his father was a High CourtJudge. Just the sight of him made me imagine a long So I am really very pleased to become a Bencher ofstring of judgey ancestors floating like spectres behind Middle Temple because it gives me the opportunityhim. Anyway, he was kind enough to say hello and asked to do some encouraging myself. I would like to showme what I was doing in Middle Temple. I told him. And students from non-traditional backgrounds that it can behe said (and I remember it so clearly although it is 30 done. And that it can be done in lots of different ways.years later) ‘it’s really good that people like you are There is not just one sort of person who is a barrister,coming to the Bar’. and there is not just one way of becoming a barrister. And I would also like to advise students and youngThat sentence contains a host of meanings. Whatever barristers along their way.‘people like you’ might signify, I though it meant that hethought that I was not like him – the sort of person who It gives me great pleasure to have as guests this eveningdid become a barrister. some of those I have mentored. Their progress is a great reward. Being Bencher of the Inn gives me the chance to enjoy a lot more of that. And as for my friend from university? He gave up being a barrister and does something completely different now.90 2018 Middle Templar

100 YEARS OF WOMEN IN LAW MASTER ROSALIND WRIGHTThe Fight for Women’s Suffrageand the Right to Enter the Legal ProfessionMiddle Temple’s first woman Reader, the late Master Barbara Calvert, took as the title ofher reading in 2001, ‘Sex: does it really matter?’ and concluded, ‘Yes, in your private livesbut no longer in your professional lives. There is no height a woman cannot scale’. Master Rosalind Wright was Called to and organising demonstrations, including chaining the Bar in 1964 and was elected as a themselves to objects in the Houses of Parliament. Bencher in 2001. She was Reader in They supported pacifism, an important cause for Helena, 2012. She was formerly the Assistant during the First World War, supporting the Women’s Director of Public Prosecutions and Peace Council. On the outbreak of war, they suspended Director of the Serious Fraud Office their campaigns and undertook voluntary work. 1997-2003. Helena Normanton’s feminism extended beyond theThe last 100 years have seen women in the UK at last vote – she campaigned for women’s rights in reformingable to reach the very peak of every profession and in divorce law and was the first married woman to keep hergovernment too: two women Prime Ministers; a woman maiden name professionally and on her passport.President of the Supreme Court; women law officers andDirectors of Public Prosecutions; women Presidents of Chrystal Macmillan, after whom a Middle Temple studentevery Royal Medical College and a woman Commissioner prize is named, was an active member of the peacefulof the Metropolitan Police. National Union of Women’s Suffrage Societies, headed by Millicent Garrett Fawcett, whose statue was unveiledWe Middle Templars have been proud to see our own this year in Parliament Square.women members, pioneers in the struggles to breakdown the barriers preventing women from voting and The first female Science graduate of the Universityfrom becoming lawyers. The battles for the franchise and of Edinburgh, she argued the case for the right offor women lawyers ran in parallel and many who fought all graduates (including women) to vote for an MPfor one, fought equally fiercely for the other. who would represent the Edinburgh University seat in Parliament. The University authorities argued thatHelena Normanton, the first woman to be admitted to the legislation that enabled graduates to vote for thean Inn of Court (Middle Temple, on 24 December 1919), member to represent the university seat was restrictedwas an active advocate of women’s rights and particularly to ‘persons’ and ‘persons’ did not include women.their right to vote. Suffrage societies raised money so that Chrystal could take her case all the way to the House of Lords, andShe was a member of the Women’s Freedom League, she became the first woman to argue her case from thea militant suffrage group that was founded in 1907 by bar of the House. The Lords were against her but the77 members of the Women’s Social and Political Union case became a cause celèbre.(WSPU) including Teresa Billington-Greig, CharlotteDespard, Alice Schofield, Edith How-Martyn and Chrystal Macmillan joined Middle Temple as a studentMargaret Nevinson. The League also opposed violence barrister, was Called to the Bar in 1924, and joined thein favour of non-violent forms of protest such as non- Western Circuit in 1926.payment of taxes, refusing to complete census forms Between then and 1929 she acted as counsel for defence in the six cases in which she appeared on the Circuit, and she took 65 cases in the North London Session courts between 1927 and 1936. From 1929, she appeared at the Central Criminal Court in five cases for the prosecution, and one for defence. While studying for the bar, she co-founded the Open Door Council for the repeal of legal restraints on women. At the 1935 general election, Chrystal unsuccessfully stood for election as the Liberal candidate in Edinburgh North. She came third, with less than 6% of the votes. In the same period, she worked to stem the traffic in girls and women used as sexual slaves and worked with the Association for Moral and Social Hygiene. Feminist writer Cicely Hamilton wrote of Chrystal Macmillan that ‘she was the right kind of lawyer, one who held that Law should be synonymous with Justice... Her chief aim in life – one might call it her passion – was to give every woman of every class and nation the essential protection of justice. 2018 Middle Templar 91

She was, herself, a great and very just human being... She She never practised and this was a source of great regretcould not budge an inch on matters of principle but she and disappointment to her. The war intervened and thenever lost her temper and never bore a grudge in defeat’. family moved out of London. By the end of the war, there were three children and a lot of settling back to do. MyPerhaps the most celebrated campaigner for women’s widowed grandmother also needed assistance and mysuffrage was Christabel Pankhurst, the eldest daughter mother took on management of the financial affairs ofof the redoubtable Emmeline who founded the WSPU. her family, as it seemed that she was the only one of theChristabel applied unsuccessfully to join Lincoln’s Inn six children who was up to the task. In the 1950s, womenin 1918, having graduated in law from what is now rarely pursued careers. Indeed this was frowned upon…Manchester University and, had she persisted in alegal career would undoubtedly have proved to be a This seems to have been a common experience andformidable barrister. resulted in an unquantifiable loss to the profession.The fight to remove the bar to women entering the legal After the War, a fresh cohort of young women started to(and other) professions culminated in the passing of the make their name at the Bar. Social mores have relaxedSex Disqualification (Removal) Act, of 1919. There was an and it is no longer a social disgrace to be a working wifeimmediate flurry of applications from women to join the or mother. Many women lawyers have risen to the highestInns as students and to become solicitors. After the first echelons as lawyers and have made an enormous andexcitement of the Calls to the Bar in 1922 and for a few positive impact on the profession, the development ofyears afterwards, the impetus seems to have died down law and improvement in the human condition. Theseand comparatively few women were Called in the years women and their pioneering forebears are featuredleading up to and including the Second World War. Of in Middle Temple’s forthcoming exhibition of some ofthose women who were called, even fewer practised; its distinguished women members, from 1919 to theMaster Jennifer Temkin’s mother, Minnie Temkin, née present, to be opened at a gala reception in Hall in theLevy, graduated with a law degree from UCL in 1933 and autumn of 2019, to mark the centenary of the Act thatthen went on to study for the Bar at the Inner Temple. made it possible.Timeline to Women’s Franchise1832 The Great Reform Act excludes women 1913 The Prisoners’ Temporary Discharge for from the electorate by defining voters as Ill-Health Act, also known as ‘The Cat ‘male persons’ and Mouse Act’, is introduced, targeting suffragettes on hunger-strike1832 First petition on women’s suffrage presented to Parliament 1914 Britain declares war on Germany on 4 August. During the war years, 1914-18,1867 First debate on women’s suffrage in an estimated two million women replace Parliament, led by John Stuart Mill men in traditionally male jobs1884 Women campaign to be included in the 1916 Aconference on electoral reform, chaired Third Reform Act, without success by the House of Commons Speaker, is set up and reports in 1917. Limited women’s1889 The Women’s Franchise League is formed suffrage is recommended and aims to win the vote for married women as well as single and widowed women 1918 The Representation of the People Act is passed on 6 February giving women the1897 Formation of the National Union of Women’s vote provided they are aged over 30 and Suffrage Societies (NUWSS), led by Millicent either they, or their husband, meet a Fawcett (1847-1929), drawing together property qualification peaceful campaign groups under one banner 1918 The Parliament (Qualification of Women)1903 The Women’s Social and Political Union Act is passed on 21 November allowing (WSPU) is founded in Manchester by women to stand for Parliament Emmeline Pankhurst (1858-1928) 1918 Women vote in a general election for the1905 Suffragette militancy begins first time on 14 December with 8.5 million women eligible1907 The Women’s Freedom League is formed after a break from the WSPU 1928 The Equal Franchise Act is passed giving women equal voting rights with men.1908 Hunger striking by Marion Wallace-Dunlop All women aged over 21 can now vote in adopted as a WSPU strategy elections. 15 million women are eligible1909 Forcible-feeding of women prisoners begins 1929 On 30 May women aged between 21 and 29 vote for the first time. This general1910-1912 Parliament considers various ‘Conciliation election is sometimes referred to as the Bills’ which would have given some women ‘Flapper’ Election the vote, but none pass1911 The suffragette Emily Wilding Davison (1872-1913) hides in a cupboard in the House of Commons on census night92 2018 Middle Templar

Timeline of women entering the legal profession1860 Maria Rye opened a law stationer’s office in 1919 In March, a Private Member’s Bill, the Lincoln’s Inn Fields, training women to copy Women’s Emancipation Bill, removing legal documents disqualification of women from civil and judicial appointments (and extending1888 Eliza Orme became first woman in England the franchise) passed all stages in the to earn a law degree (from University House of Commons but did not reach College London). She had been unofficially the House of Lords ‘practising’ law from an office in Chancery Lane, preparing paperwork for property In April, Following the introduction of the transactions, patent registrations and the Barristers and Solicitors (Qualification of like. She devilled for conveyancing counsel Women) Bill in the Lords, the Benchers and had read in chambers in Lincoln’s Inn of Middle Temple voted not to admit in 1873 women to the Inn1891 AMiss Day attempted to join Lincoln’s Inn to On 14 April, Lord Birkenhead introduced become a licensed ‘conveyancer under the the Sex Disqualification (Removal) Bill, which bar’ but was similarly not permitted to do so allowed women to hold civil and judicial appointments and to sit and vote in the1892 Cornelia Sorabji (graduate of Bombay House of Lords. The House of Lords rejected University) became first woman to sit the BCL this part of the Bill when it returned to the examination at the University of Oxford, but Commons in August 1919, it only contained was not permitted to receive her degree for the clause allowing women to hold civil another 30 years and juridical appointments. There was no debate at second reading and – despite1902 Gray’s Inn accidentally admitted Bertha Cave the government delaying consideration of as a student, assuming she was male. She the bill from August to October – the Sex was then formally rejected and appealed, Discrimination (Removal) Act received Royal unsuccessfully, to the House of Lords (which Assent, on 23 December 1919, on the last included Lord Halsbury, the then Lord day of the parliamentary session Chancellor) on the grounds there was no precedent for admitting a woman to an On 24 December, Helena Normanton was Inn of Court admitted as a student by Middle Temple, the first woman to be admitted to an Inn of Court1904 Christabel Pankhurst appealed to the Masters of Lincoln’s Inn to be admitted as 1920 Theodora Llewellyn Davies was admitted to a student. She was refused Inner Temple (9 January); Marjorie Powell was admitted to Lincoln’s Inn (16 January), and1913 Gwyneth Bebb together with three other Mary Selina Share Jones was admitted to women started an unsuccessful legal Gray’s Inn (27 January) action against the Law Society, seeking a declaration that she was a ‘person’ within 1922 On 10 May, Ivy Williams (Inner Temple) the meaning of the Solicitors Act 1843 as became the first woman Called to the Bar amended, and was therefore entitled to be admitted to the preliminary examination of On 17 November, Helena Normanton, was the Law Society. She subsequently (1918) called by Middle Temple, and became the applied to Lincoln’s Inn to be admitted as a first practising woman barrister student but was refused, not being admitted until 27 January 1920 On 18 December, Carrie Morrison became the first woman to be admitted as a solicitor1919 In February, Lord Buckmaster introduced in England the Barristers and Solicitors (Qualification of Women) Bill, saying, ‘Nobody thinks that the 1945 Sybil Campbell (Middle Temple) was passage of this bill is going to flood the legal appointed a stipendiary magistrate in profession with women. It will enable a few women, who are peculiarly qualified, to earn London, the first woman to hold a full-time an honourable living’ paid judicial appointment Also in February, the Justices of the Peace (Qualification of Women) Bill was introduced, 1949 Rose Heilbron (Gray’s Inn) and Helena removing the bar on women becoming JPs. Normanton (Middle Temple) became the first Neither bill reached the House of Commons women to take Silk 1962 Elizabeth Lane (Inner Temple) was appointed the first woman county court judge and, in 1965, the first woman High Court judge2018 Middle Templar 93

GENDER PAY GAP  MASTER ANDREW BURNS & HARRIET FEAR DAVIESGender PayMind the GapThe Gender Pay Gap is front page news. By 4 April 2018 all privateand voluntary sector employers with 250 or more employees hadto publish a Gender Pay Gap Report revealing the differencebetween the mean and median average hourly pay of men andwomen as well as other pay information. Master Andrew Burns specialises However our story does not begin with the catchily- in employment law, injunctions, titled Equality Act 2010 (Gender Pay Gap Information) industrial relations and commercial Regulations 2017. In many respects this is not news at all, law at Devereux Chambers. He was as part of the problem was identified by striking sewing appointed a Crown Court Recorder machinists 50 years ago. The story of the gender pay gap in 2009, took Silk in 2015 and was is one of slow and inconsistent progress in getting equal called to the Bench earlier this year. pay for equal work and women into higher paid roles. He is an advocate of the DIFC Courts A 1968 strike at Ford’s Dagenham factory by female in Dubai. He has taught advocacy sewing machinists famously crippled the production and ethics for the Inn for a number line. Their jobs were classified as unskilled and they were of years and helped initiate its paid 15% less than men doing equivalent jobs. The strike equality and diversity training. ended with their pay rising to 92% of the men on the same grade. Only in the mid-1980s were they re-graded. Harriet Fear Davies was Called to But a change in the public mood and the plan to join the the Bar in 2007 and practises in all European Economic Community (EEC) led to the Equal areas of employment law, including Pay Act 1970. Coming into force in 1975, it prohibited discrimination and injunctions, paying men more than women for equal work. As has so and commercial law. She is a tenant often been the case with equal opportunities, it took a at Devereux Chambers. struggle to achieve change and since then things have moved at a glacial pace. Skip forward 35 years and the Equality Act 2010 consolidated the same fundamental principles: terms and conditions of employment should be the same for equal work, regardless of sex. But despite this being the law for more than 40 years, large scale litigation is still before the employment tribunals. Asda Stores v Brierley & others [2017] saw 7,000 Asda shop floor workers, nearly all of whom were women, claiming to compare their work with that done in Asda’s warehouses, predominantly by men. Sainsbury’s and Tesco will soon face thousands of similar claims – the Tesco claims are reported to be worth £4 billion in total.94 2018 Middle Templar

Under the Equality Act 2010 equal work includes the of largesame job (‘like work’) and a job rated as equivalent, but companies pay menalso covers work that is of equal value by reference to more than women,factors such as effort, skill and decision-making.It can even involve a comparison of jobs from different pay womenemployers in certain cases. Article 157 of the EU Treaty more and saidinvolves a comparison between workers ‘in the same they had noestablishment or service’. In South Ayrshire Council v gender pay gap.Morton [2002] terms and conditions for all teachers inScotland were set by the same statutory body, so all All industry sectors favour men, although some sectorseducation authorities were part of the same service even reported much greater median gaps than others: thethough they were different employers. The complaint construction industry, the finance sector and educationwas that secondary school head-teachers (mostly men) have reported gaps of 20% or more, whereas arts/were paid more than primary school head-teachers entertainment, health, accommodation/food and(mostly women). household employers all fall below 5%. A number of large employers reported median gaps of 40% including banksHowever, the gender pay gap is more than an equal such as Barclays and Lloyds. A few employers reportedpay problem. It arises from employing men in better median gaps of over 70% including Millwall Football Clubpaid jobs than women. The big picture problem has and Ryanair’s UK operation (presumably reflecting mostlybeen monitored since 1997 by the Office for National male pilots and mostly female cabin crew). HoweverStatistics (ONS) using data provided by some employers some employers reported a negative pay gap, wherevoluntarily. The gap nationally has reduced moderately women are paid on average more than men includingsince records began: from 27.5% in 1997 to 18.4% in 2017. Tesla Motors, retailer Mamas and Papas and electronicsHowever, whilst there is a ‘longer-term’ downward trend, retailer Richer Sounds.the 2017 report stated ‘the gender pay gap has changedrelatively little in recent years’. It even rose very slightly Law firms reporting large pay gaps have come underfrom 2016. scrutiny. Partners are expressly excluded from the Regulations and so most reports exclude these highestThe new compulsory reporting requirements represent earners (71% of whom are men according to the Solicitorsa ‘name and shame’ approach to getting employers to RA). The ‘Big Four’ accountancy firms have voluntarilyaddress gender pay disparities. The legislation is specific: included partners in their reports which accordingly show‘published’ means on the employer’s website, where it wide pay gaps and at least one law firm has produced amust remain for three years, and it must be presented separate partners’ report. What about the Bar? Chambersin a manner that it is accessible to all employees and fall outside the Regulations as they do not have 250the public. It must also be uploaded to a government employees and Barristers’ are not ‘employees’. The BSB’swebsite, so there is no hiding. A senior individual must 2017 report on diversity shows women now constitutesign a written statement confirming that the information 37% of the practising Bar, but there is no information onis accurate: effectively a statement of truth. The report what pay gap there might be – it is likely to be highlymust use median figures and split the range of dependent on practice area and seniority.employees into four quartile pay bands with figuresto be provided for each. Employers then have the option And what of the estimated 1,500 who failed to report?to include a narrative to explain pay gaps or disparities. The Regulations contain no enforcement regime. However, the Equality and Human Rights Commission2018 has seen a slow, but steady release by large said it intends to name defaulters and write to them,employers of their gender pay information, and articles following up with a formal investigation, which could leadin the press and online abound. There was a last minute to legal action and a court order. But its focus will be onflood of information with about two-thirds of employers those who have failed to publish and its resources maycovered by the requirements holding off until the last not stretch to checking reports for accuracy.few days before the deadline. Over 10,000 had reportedby midnight on 4 April (more than the 9,000 estimated The problem cannot be ignored: we must ‘mind the gap’;by the Government to be covered, but fewer than but that overused phrase is apt to remind us that theThe Financial Times estimate of up to 13,500). pay disparity is wide and long-established. Some suggest that it would even break the UK economy toOf those that have published data, the results make resolve it, but while the gap remains, true equality canfor painful reading. 78% of large companies pay men never be achieved.more than women, 13% pay women more and 8% saidthey had no gender pay gap, based on the medianmeasure. However the UK median pay gap as reportedby those companies was 9.7% compared to the 18.4%in the ONS data.2018 Middle Templar 95

HUMAN RIGHTS MASTER GERALDINE VAN BUERENThe Universal Declarationof Human RightsThe Universal Declaration of Human Rights, which protects the right to freedomof religion, is 70 years old. Master Geraldine Van Bueren The Jewish human rights declaration provides that human is a member of Doughty Street rights are an integral part of the faith and tradition of Chambers, is Professor of Judaism and that every person is obliged to deal justly International Human Rights Law at with every other person. It advocates that all states should Queen Mary, London and Visiting adopt national bills of rights and make them effective. Fellow at Kellogg College, Oxford. She is a Bencher and served as a The Islamic declaration says that ‘human rights are being Commissioner on the Equality and trampled upon with impunity in many countries of the Human Rights Commission. She is world, including some Muslim countries’, and owing to one of the original drafters of the their divine origin they cannot be curtailed or surrendered. UN Convention on the Rights of the It recognises that every person has the right to freedomChild and has represented the UN and the Commonwealth and of conscience and worship in accordance with theiredited UNESCO’s Law’s Duty to the Poor. Her writings have religious beliefs.been cited in courts including South Africa’s ConstitutionalCourt, the European Court of Human Rights and the US Senate The universal declaration was a response to genocide,and Australian Parliament. She was awarded QC (Hon Causa) as its opening words state, to the ‘barbarous acts, whichin 2013. have outraged the conscience of mankind’. However, even under Nazism there were those who bravely soughtAlthough human rights have erroneously been described religion for the strength to resist.as a secular religion, from the medieval era onwardsreligion and human rights have reinforced each other. Sophie Scholl and her brother Hans were brought upEleanor Roosevelt described the 1948 Universal as Lutherans and were inspired by the ‘theology ofDeclaration of Human Rights as a ‘Magna Carta for all conscience’ in the sermons of Cardinal Newman. Theymankind’. Magna Carta, which set out in 1215 basic due distributed White Rose pamphlets, which made biblicalprocess rights, owed much to the diplomatic efforts of and philosophical arguments for resistance to the Nazis.the papal legate and Archbishop of Canterbury, Stephen They were tried and executed on 22 February 1943.Langton, without whose good offices the charter wasunlikely to have been agreed. For safekeeping, copies of The Society of Friends (the Quakers) also believes thatMagna Carta were kept in the English cathedrals. Langton there is something of God in everybody and that eachalso played a key role in the sealing of Magna Carta’s sister human being is of unique worth. Several founders ofcharter, which focussed on basic socio-economic rights. the Quakers, including George Fox and Benjamin Lay,Carta de Foresta enshrined early forms of the right of encouraged their fellow congregants to stop owningaccess to medicine, food and housing, now found in the slaves. In 1696, the Quakers in Pennsylvania declared theiruniversal declaration. opposition to the transatlantic slave trade. In 1787, with the Anglican Granville Sharp, the Quakers established the firstWhen that document was being drafted at the United anti-slavery movement in Britain.Nations, UNESCO produced Hindu, Buddhist andConfucian contributions to human rights, as well as Also in the 18th Century, John Bellers, a Quaker, publishedthose from Judaism, Christianity and Islam. Religion his An Essay Towards the Improvement of Physick in 1714.has also played a big role in developing the concept of Bellers advocated the creation of a national health serviceuniversalism: that all are entitled to dignity regardless of and the provision of free healthcare services for the poor.status. One of the declaration’s principal drafters was René He recognised the need for a right to healthcare moreCassin, who was Jewish and had many family members than two centuries before its inclusion in the universalmurdered in the Holocaust. Cassin relied upon the Jewish declaration in 1948. He is also sometimes credited asprinciple of B’tzelem Elohim, that all human beings are being the first European opponent of the death penalty.created in the divine image and therefore no human beingcan deprive another of their rights. History and, unfortunately, the present day are darkened by human rights violations committed in the names ofThe Universal Declaration of Human Rights has also religions. However, to argue that religion and human rightsinspired religious declarations of human rights, including cannot coexist ignores the potential of working togetherthe Declaration of Judaism and Human Rights in 1974 and to enhance the dignity of all and to improve the lives of thethe Islamic Declaration of Human Rights in 1981. Both have vulnerable. Looking at the contributions of the religioussimilar starting points. to the protection of human rights ought to act as a light illuminating the way to future co-operation.96 2018 Middle Templar

CHANGE IN IRELAND MASTER IVANA BACIKIreland has Changed Utterly:The Cruel Eighth Amendment is HistoryAfter 35 years, Ireland will now be able to reform its abortion laws and providewomen with access to the reproductive healthcare they need. Master Ivana Bacik was Called to A more recent, and utterly tragic, case was the death in the Bar in 1992. She is a Senator 2012 of Savita Halappanavar. Here was a young woman for Dublin University (first elected whose request for a termination of pregnancy when she 2007), Reid Professor of Criminal Law, presented while miscarrying at Galway University hospital Criminology and Penology at Trinity was denied on grounds that the risk was only to her health College Dublin, and a barrister. and not to her life – until it was too late. She died of She has published extensively on sepsis as a result. criminal law, criminology, human rights, constitutional law and related Over the years, public opinion had thus shifted towards matters, and has a long track record supporting repeal of the constitutional ban and for legal of campaigning on feminist and abortion to take place in Ireland. This change was also human rights issues. She was made influenced by a number of international law cases in a Bencher in 2018. which the Irish state was found to have breached women’s human rights by forcing them to carry pregnancies toIreland has spoken – and we have made history. term even in cases where they knew their babies wouldThe clause inserted into our constitution in 1983 that not be born alive.bestowed on the ‘unborn’ a right to life equal to thatof a pregnant woman can at last be removed. Exit polls The political momentum for change led to theproject and official results are expected to confirm later establishment in 2017 of two processes to review theon Saturday that the referendum to repeal the eighth amendment: a citizens’ assembly and a cross-partyamendment has been passed by a resounding majority. parliamentary committee. Both recommended repeal and called for the Irish parliament to bring in legislationAfter 35 years, we will now be able to reform our abortion enabling doctors to offer compassion and care to womenlaws and provide women in Ireland with access to the in crisis pregnancies.reproductive healthcare we need. We will end whathas been described as ‘an English solution to an Irish As a result, the referendum was announced, and theproblem’. Our women will no longer need to travel government also proposed a framework for legislationabroad to access abortions, and we will no longer need based on the findings of the committee. This legislationto import abortion pills illegally and without access to would provide for legal abortion up to 12 weeks withoutmedical care or support. restriction as to reasons; and for abortion to be legally available after that point only on grounds of risk to life,How did we succeed in achieving such a result? Over serious risk to health or fatal foetal abnormality. Thethe many weeks of this long campaign, I have been introduction of such a law was vociferously opposedout canvassing extensively for a ‘Yes’, in Dublin and by ‘No’ campaigners, who argued that it would leadelsewhere. The growing public awareness of the immense to ‘abortion on demand’ and asserted that it would beharm and hardship caused by the eighth amendment dangerous to leave the job of making law to electedbecame increasingly apparent to me over the campaign. legislators, on the basis that ‘politicians can’t be trusted’ –That awareness explains the immensely significant a profoundly populist and anti-democratic argument.referendum vote in support of reform on Friday. The resounding ‘Yes’ vote we appear to have nowIn truth, many people in Ireland had already recognised achieved shows that the majority of Irish citizens simplythe reality that the eighth amendment represented an rejected the scaremongering tactics of the ‘No’ side.absolute bar to any lifting of the prohibition on abortion – It shows that as a society we recognise the need foreven in cases of rape, risk to women’s health or fatal foetal our democratically elected legislators to introduce anabnormality. The constitutional clause had generated or appropriate legal framework for the regulation ofbeen implicated in a series of tragic cases. These included lawful termination of pregnancy. We can now proceedthe 1992 X case, where a pregnant 14-year-old rape victim to legislate.was denied the right to travel to the UK to terminateher pregnancy. This case led to a ruling by the Supreme As a student campaigner in the 1980s I was taken to courtCourt which said that where pregnancy posed a real and threatened with prison for distributing informationand substantial risk to a woman’s life, in the case of X to Irish women on where to access abortion. I am verythe risk that she would take her own life, abortion grateful to my fellow Irish citizens who appear to haveshould be allowed. voted so overwhelmingly for a more democratic, equal and progressive Ireland. On Saturday 26 May, the referendum result was announced: the Irish people had voted to repeal the eighth amendment by a resounding 66.4% majority. Extracted from, and reproduced by kind permission of, The Guardian. Updated following the result of the vote. 2018 Middle Templar 97

FREE PRESS MASTER ALISTAIR WEBSTERA Free Press is an ImportantComponent of a Free andDemocratic SocietyWho would argue with such a proposition? We need free media to hold those inpower, whether in government or, increasingly, in corporations, up to scrutiny. Master Alistair Webster was Called Part 2 was to examine the extent of unlawful or improper to the Bar in 1976 and took Silk in conduct within News International, other media 1995. He was Head of Lincoln House organisations or other organisations and to consider the Chambers from 2012-16 and has extent to which any relevant police force investigated also been a member of 33 Chancery allegations relating to News International, and whether Lane in London since its foundation the police received corrupt payments or were otherwise in 2008. He splits his time between complicit in misconduct. Part 2 was to be delayed until Manchester and London. He has also the conclusion of prosecutions against various individuals advised Hacked Off in relation to involved in News International. a number of cases. He was made a Bencher in 2004. Although the government broadly welcomed the findings of the report following Part 1 of the Inquiry, it proved itselfWe only need to look to those countries where the unwilling to place into law what many would regard aspress is effectively under state control to see how lack one of, if not the, main recommendations of the report,of scrutiny adversely affects the prospects of a healthy which was that the existing Press Complaints Commissiondemocracy and encourages corruption, both political (PCC), a body established by the industry itself, was notand financial. fit for purpose. The establishment of a new independent body armed with powers which would enable it to fineAnd yet, unlawful actions and excesses by the press newspapers and to direct the prominence of apologieswere such as led to the establishment of the inquiry led and corrections, was recommended. Membership wouldby Lord Justice (Master) Brian Leveson. There can be no be voluntary, but there would be costs associated withdoubt, following the settlement of many civil actions for non-joining, including costs penalties and exemplaryphone hacking, that hacking took place on an industrial damages in civil actions brought by victims.scale at a number of newspapers and that there wereserious and unwarranted intrusions into people’s privacy This would require legislation, and the Conservativewhich were quite divorced from any true question of component of the then coalition government would notthe public interest but were more addressed to matters support such legislation and has continued that stanceof titillation which related to people’s private lives and, when in government alone. It was supported in thatoften, private tragedies. approach by the vast majority of national newspapers. Further, although Part 2 had been promised at the timeThe original concept was that the Leveson Inquiry would of the setting up of the Inquiry, the government did notconsist of two parts. Part 1 was to examine the culture follow through with Part 2 and has now announced thatand conduct of the press, contacts between press and Part 2 will not take place. At the time of writing, thatpoliticians and the police, and to consider the decision is being challenged by way of judicial review,regulatory regime governing press conduct. supported by Hacked Off, a victims’ pressure group.98 2018 Middle Templar