Sexual Harassment and The
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1 October 09 March 2018 North West Law A breakfast with Martha Spurrier – Director of Liberty A large audience was privileged to hear a powerful and is, as law is only part of the answer. In the case of the #metoo moving talk by Martha Spurrier, the Director of Liberty, at campaign it has been a combination of the Press, changes in DWF's offices on 22 February 2018. social attitudes and important/ high profile people speaking out. Before joining Liberty, Martha was a human rights barrister, specialising in defending access to justice, challenging state Martha queries whether in 20 years' time a similar #metoo cam- failures and fighting for the rights of women, children and dis- paign will surround immigration. Shall we look back and feel abled people. She has worked with bereaved families seeking chastened as a society given that we are creating a group of so- answers after loved ones died in state care, victims of rape, do- ciety who are demonised – cut off from access to justice, secu- mestic violence and trafficking who have been failed by the po- rity, education etc.? lice, and protestors and journalists whose freedoms have been under attack. Liberty was at the forefront of campaigning for and ensuring the enactment of the Human Rights legislation. However, it has Martha joined Liberty because she wanted to be part of a team become a very politicised and emotive subject, particularly the of passionate, principled people using their diverse skills to way in which it is portrayed in the Press. But when you look at hold the powerful to account and stand up for people’s rights. the practical effects on individuals it becomes more obvious Martha's overriding message was the importance of us all iden- why it should be treasured by us all. tifying a value system which we believe in and applying our in- tellect, empathy and compassion to test and challenge what we Martha told a very powerful story about her own experience of hear from "those above". She encouraged us all to have the in- representing the family of a young lady who took her own life, tellectual independence to question what we read and hear having spent most of it in and out of psychiatric care. Sadly the and not take what is said at face value. teenager was not afforded the level of supervision which she Martha Spurrier, Director of Liberty clearly required. Most poignantly, no one even knew her name Liberty's aim is to rebalance the relationship of power. In at the point when the paramedics were trying to revive her. Martha's experience, the Human Rights Act is the most effec- tive tool to deal with the "David and Goliath" situation that fre- The family articulated in their own way their belief that their quently arises when the State is pitched against the individual. daughter had a right to protection whilst in care and they had a right to an independent investigation of how the hospital Martha's motto as a teenager was "there is no fun without treated their daughter. Martha made it clear that what they rules". It was somewhat of a revelation to her that sometimes: were talking about, in their own way, is what is enshrined in the 1.those who make the rules are the hardest to force to follow Human Rights Act. The rights are closely attuned to what most them; and people would instinctively believe to be right and necessary to 2.there are bad rules. protect basics freedoms: they are not the artificial constructs of detached lawyers. The Investigatory Powers Act 2016 (nicknamed "the Snoopers' Charter") is, in Liberty's view, an example of the latter. The Act In many cases the Human Rights Act is all a victim's family have seeks to introduce the most invasive powers and some of which to try to achieve justice. There is nothing else for them. Martha go far too far - all in the name of national security. Liberty is suggested that anyone wishing to remove or dilute those rights supporting a Judicial Review of the Act. In doing so, the organ- should sit down with the parents of the young lady in question, isation fully expects the Press, MPs and others to accuse Liberty or those affected by Hillsborough, and explain why those rights of being apologists for terrorists or paedophiles, but the reality should not be enshrined in law. is that the organisation simply believes in freedom and the State getting the balance right. It is important for Liberty to The draft Bill of Rights seeks to remove positive obligations on stand up and have the courage and bravery to challenge in the State to protect our rights. At the moment the Bill is not on those circumstances. the agenda (primarily due to the focus on Brexit), but it will come back on the agenda in the next year or two. Liberty shall Another revelation for Martha was that rules are nothing in be doing all it can to ensure that those positive obligations re- themselves. For example, the #metoo campaign has brought main in place. about a powerful expression of public opinion against sexual harassment. If you wish to find out more about the work of Liberty, or be- come a member, the website is at: https://www.liberty-human- rights.org.uk/ Yet the rules against such harassment have been in existence Mike Devlin,President of Manchester Law Society for many years. Something else was needed to make the rules Jon Hainey effective. Martha often reflects on what that "something else" DWF LLP and Immediate Past President The Monthly Publication of the Manchester Law Society In association with Legal Awards 2018 principle sponsor & Legal Language Specialist Partner President’s Charity of the Year LEAP Mobile allows you to manage your matters from anywhere at any time Time record React to clients’ needs Access your matters Digitise your documents Stay in sync ZLWK\RXURɝFH\KWLZ HFɝRUXR\ Dictate straight into the matter ΖQWURGXFLQJVPDUWLQWXLWLYHWHFKQRORJ\WR\RXUODZȴUPUWQΖ JQLFXGRU R ZDOUX PUȴ 0843 7133 0135 | [email protected] | leap.co.uk/mobile/ Contents 3 Manchester Law Society 64 Bridge Street Manchester M3 3BN Tel: 0161 831 7337 www.manchesterlawsociety.org.uk North West Law Editor: Fran Eccles-Bech Editorial Committee Julia Baskerville, Baskerville Publications Ltd In this edition... Fran Eccles-Bech, Manchester Law Society Adam Entwistle, JMW Solicitors LLP NEWS Sarah Evans, Kuits Mark Fitzgibbon, Hill Dickinson Jemma Goldstone, JMW Solicitors LLP Solicitors for the Elderly appoints local 6 Steve Kuncewicz, BLM Law Manchester solicitor to its board of directors Adrian Kwintner, Clyde & Co Jeff Lewis, Brabners LLP Matthew Taylor, Eversheds LLP News from the President Irwin Mitchell win award for supporting 8 page 5 Armed Forces Community Published by JMW sets up specialist Cryptocurrency team 9 Boutique family law firm expands with two new appointments 10 Baskerville Publications Ltd Apartment 327 Holden Mill Innovative pro bono scheme set to benefit Blackburn Road Bolton BL1 7PN Carol McBride public and students 14 page 6 Advertising enquiries FEATURES Julia Baskerville 01204 303323 [email protected] Talking Heads 12 www.locallawsocietypublications.co.uk Sexual Harassment and the Law 15 All rights reserved, reproduction in whole or part without written permission from the Publisher and Manchester Law Soc iety is not permitted. One Foot in the Grapes Mike Rainford 30 Photographic material and manuscripts are supplied at page 9 Wine column by journalist Jane Clare owners risk, neither the company not its agents accept any liability for loss or damage. REGULARS The Society welcomes articles and letters from members on any topic and items should be sent to the above Regulation Matters 7 address The views and opinions expressed in the Manchester Monthly Competition 16 Messenger are those of the individual contributors and Win 6 month membership to the Gym Group not of the Manchester Law Society Jane Clare Management Matters 20 page 34 Follow Manchester Law Society on social media 4 Manchester Law Society News News from Bridge Street Forthcoming Events Deputy District Judge Advanced Excel Training Course Closing date: 15 March, 2018 - 13:00 Do you want to build on your existing knowledge of Excel? Following our very successful and popular intermediate Excel training courses we are now Salary: £503.12 a day delighted to offer an advanced course. (£521.72 with London weighting) At this advanced Excel one day training course our expert trainer from the RV Group will show you how to use H and V Lookups in the creation of cata- Location: Across England and Wales logues and how to create, rearrange and format pivot tables and much more! Numbers on this course are strictly limited to ensure you receive be- An exercise is due to launch on 1 March to identify candidates to recommend for the spoke and personal tuition from our trainer. post of Deputy District Judge. Date: Tuesday 20 March 2018 This is an excellent opportunity for solicitors, barristers and chartered legal execu- tives, with approximately 300 vacancies anticipated across England and Wales. Venue: Manchester Law Society, 64 Bridge Street, Manchester, M3 3BN Cost: MLS Members £125.00 + VAT (£150.00) Non-members £175.00 + Deputy District Judges sit on a fee-paid basis in the county courts and district reg- VAT (£210.00) istries of the High Court. The work of district judges involves a wide spectrum of civil Registration: 09:30 and family law cases such as claims for damages and injunctions, possession pro- Training: 10:00 – 16:30 ceedings against mortgage borrowers and property tenants, divorces, child pro- www.manchesterlawsociety.org.uk/event/2018/3/20/excel-training-advanced-2/ ceedings, domestic violence injunctions and insolvency proceedings.