News from the South Eastern Circuit THE CIRCUITEER

INSIDE THIS ISSUE 8 9 10 12 19 Meeting of the Inns of Court John Downes 23rd Keble A view from the Chairs of the College of Alliot a tribute Course Naval Bar SEC Bar Messes Advocacy (ICCA)

ALL CHANGE AT LEADER’S LEWES CROWN REPORT And so, the time has come for me to bid farewell as Leader of COURT this great Circuit. 2016 has been a time of change across Max Hill QC See page 3 the whole of the Criminal Justice System. Lewes Crown Court has seen significant change, with its three most experienced judges retiring in the space of a few months. See page 6 Wellbeing at the Bar Does our wellbeing depend on the respite we all seek to find in holidays or should it be more a part of our daily lives even whilst working. Valerie Charbit See page 22

Reflections of a Circuiteer CIRCUIT TRIP TO PARIS I was called to the Bar in 1963. To practice It has been a number of years since the last circuit trip, and at what was then called the Independent many more since the last to Paris. This diplomatic mission Bar, whether you intended to venture out was long overdue, and, as we discovered from the moment of London or not, you were required to we arrived, a venture enthusiastically welcomed by our join a Circuit. Parisian counterparts. See page 14 See page 5 Igor Judge THE CIRCUITEER Issue 42 / October 2016 1 News from the South Eastern Circuit EDITOR’S COLUMN Much has happened across or friends, we are reminded • 88% of trans people have the Circuit since the Spring of the transient nature of our experienced depression edition, with changes of flickering flames. This edition (compared with 25% in the Leadership of Specialist Bar highlights a few but we all wider community); more Associations and the Circuit know of others who need than 77% regularly use anti- itself – congratulations and remembering too. depressants and more than thank you to all those who are 60% have attempted suicide. Valerie Charbit continues to do willing to work on our behalf a fantastic job of highlighting It is no surprise that premier Karim Khalil QC in so many ways. the importance of Wellbeing at footballers remain entirely The American election has the Bar: encouraging members ‘heterosexual’ in the face of was an extraordinary day riding haunted international news for of our profession to speak knowing the personal and the closed roads of London too long and the impact of the more freely about mental financial consequences of and Surrey, ending with the Brexit vote has barely begun to health problems before they ‘coming out’. Even at the chance to watch the Olympic be understood – superficially become overwhelming: asking ‘educated’ Bar, the cumulative professionals fly down the steady economic figures for help should no longer be effects of ill-considered Mall in the late afternoon: they hide the underlying tensions seen as a sign of ‘weakness’ comments can take their made it look too easy! amongst many businesses and but is part of ensuring a toll: group conversations Once again, a fine array of professionals. Our readership more sustainable and healthy often involve the unspoken writing talent graces the pages can be sure of one thing – approach to working in assumption that everyone of The Circuiteer – of special government officials will try to one of the most pressured present is heterosexual which note are the reflections of avoid returning to the positive of professions. places a burden on those Igor Judge upon his time as a discussions that were close to who are not either to remain Forgive me a few lines of Circuiteer, reminding us that bringing financial stability to silent or to declare their own personal reflection in the hope life outside London has many many at the publicly funded sexuality ... every day. that the LGBT Bar initiatives rewards and often encourages Bar. Our representatives have will acquire the same degree I encourage everyone to some of the finest advocacy! an increased burden upon their of prominence since the links reflect on the impact of the He triumphed at the Circuit shoulders and will need your between the LGBT community language we use and to make dinner (and the wine was much help more than ever. and mental health issues our voices heard in trying appreciated too). Judicial retirements abound are widely documented, to overcome some of the My thanks to my sub-editor, as many have made way insufficiently appreciated and challenges arising from the Adam Morgan; Aaron Dolan for others, or are about to potentially catastrophic – a sexual orientation and gender who works tirelessly for the do so: the renewal of the few statistics, all of which are identity of our predominantly Circuit in so many ways; Sam Judiciary with young talent is prepared by comparison to the ‘invisible’ minorities. Sullivan for his typesetting a fascinating, almost organic heterosexual community: Thank you to those who patience and to all who have process, with changing times • LGB people are 50% more supported the Charitable call contributed to this edition. bringing changing faces and likely to experience long-term in my previous Editor’s Column attitudes. I’m sure that you join Carpe Diem mental health problems and – we raised upward of £17,000 me in thanking those who step are twice as likely to attempt (including a few “silent” aside and wishing those well, suicide, with LGB young people contributions) for Opportunity Karim Khalil QC who seek to fill their shoes. (up to the age of about 24yrs) International. I cannot There has been cause for being 6 times more likely to recommend the Prudential Drystone Chambers sadness too – losing colleagues attempt suicide. London100 cycle too highly – it Editor The Circuiteer

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advice or support that she gave them as they Kate Mallison started out, and throughout their careers. She enjoyed all the Bar had to offer and her We were saddened to learn of Kate’s sudden, yet peaceful, passing on the 5th August. She influence extended far and wide. When news was fearlessly committed to the career that she started to spread the Chamber’s website host had dedicated her life to. Her recovery from a shut down our website fearing a cyber attack, serious illness, over a decade ago, to return to in fact it was over 4000 hits on Kate’s profile practice is a testament to her strength and her in 24 hours. It is fair to say that she would not courage. She served on the Thames Valley Bar shy away from expressing strong views but Mess committee for many years and was the you couldn’t help but feel disarmed as she Mess representative on the SEC committee. finished, as she always did, with a smile and an She was interested in those around her from “I’m sorry”. She will be missed not only by us in the most junior to the most senior. There are chambers but I suspect by many more of the many that owe her a debt of gratitude for the profession that she loved.

2 LEADER’S REPORT

Max Hill QC OCT 2016

And so, the time has come for me to bid purpose, and continues to include the farewell as Leader of this great Circuit. brightest and the best advocates of My successor, unidentified at the time this generation and those yet to come. of writing, takes over on 1st January However, we are seeing members 2017, and I wish him or her every good and their sets complement this work fortune in representing the thousands with ever-increasing instruction in of barristers practising on the South private work (including ‘private’ criminal Eastern Circuit. Any individual can only defence work, often paid at rates just do their best, but it is the Leader’s great above the legal aid mark), regulatory good fortune to have the assistance or disciplinary work, or corporate and goodwill of the Circuit Officers, instructions stretching all the way Administrators and Committee. This is from local authorities to major City what sustains me throughout the two institutions. If you are one of the many years and two months of my Leadership. who are actively pushing yourself When I was elected in November 2014, my first entry on the and your practice into these areas, Circuit website contained these words: ‘Notwithstanding our more power to you. fight for survival, I believe that opportunity comes from adversity, and the qualification and experience we all have as members But that is not a complete answer to what I called the fight of the Bar can be used to sustain our careers in a variety of for survival, and it has been a fight. I also wrote in November hitherto untried ways, without abandoning self-employment, the 2014 ‘We must ensure that the Bar remains on the front foot in hallmark of the independent and fearless professional. There is our engagement with Government, to ensure that nobody in a much work to be done in ensuring that the skills of the criminal position of influence over the Criminal Justice System is allowed barrister are recognised and utilised by a far wider circle, not to forget the paramount importance of maintaining a properly- merely in criminal courts’. funded independent Bar, in the best interest of all who come before our criminal courts’. Through the Bar leadership, which It will be for you and others to judge, comprises the six Circuits of England & Wales together with the but I believe that the publicly-funded Criminal Bar Association and the Bar Council, you have kept on the front foot with Government, both before and after the 2015 Bar on this Circuit has proved its skill General Election, and before and after the Brexit referendum. and versatility in the last two years. On your behalf, we have formulated and presented fundamental improvements to both the legal aid funding crisis and the Whilst times remain hard for many, issue of quality in advocacy before our courts. Bar leadership we have seen that able members of proposals for a completely revised Advocates Graduated Fee the Circuit have expanded their work Scheme (AGFS) were presented to the Ministry of Justice (MoJ) in the summer of 2015. At the same time, a worked-through to embrace far more than ‘merely’ a proposal for a defence advocates panel was presented to the legal aid defence practice in the Crown Ministry, when we all feared the imposition of Two Tier Contracts for solicitors and the wholesale loss of new instructions for the Court. Not that there is anything Bar. Two Tier foundered, just as QASA has foundered. However, wrong with spending your time it is with a profound sense of regret and frustration that neither the revised AGFS nor the defence panel scheme have yet come defending in criminal cases where to pass. There was nothing we could do about the enforced the defendant lacks the money to delay during the General Election last year, and nothing to be done about the real hiatus caused by the fallout from Brexit this afford a private defence. It is vital that summer. By the time you read this, a long delayed Government an independent Bar remains for this consultation on both AGFS and defence panels may be en route or even on your desk. Meanwhile, I must ask you to accept that

THE CIRCUITEER Issue 42 / October 2016 3 News from the South Eastern Circuit

it is not for want of trying that these schemes are still planned behalf of barristers working at all points of the compass around rather than actual. I can only add that the highest commendation the Circuit, and for their wisdom and help whenever I have asked must go to the many Bar representatives, including of course for guidance on matters sometimes local to one Bar Mess, several from this Circuit, who have tirelessly laboured in your sometimes touching the Circuit or the profession as a whole. interest, and who have presented polished material for the And thus I return to the Circuit Committee, who have been a Leadership including me to promote with MoJ. sounding board for my every thought, and the body to whom The third and final recitation of my own words from 2014 is I have reported every twist and turn of my efforts as Leader. A as follows: ‘I am conscious that the SEC serves all members Committee usually consists of quiet hard-workers, who receive of the Bar practising in the South-East, and I intend to ensure little attention or praise. The Circuit Committee has been my that the SEC Committee is truly representative of all whom it calm and good-humoured point of contact throughout my serves. Speaking for myself, the Criminal Bar Association (which Leadership, and I offer my thanks to every member. Membership I chaired 2011-12) is the specialist bar association most closely of course is not constant, and annual elections ensure the arrival representing my professional practice. However, the other SBAs of new faces and new energy. And we lose members whom we are all powerful lobbies on behalf of their own special interests, sometimes wish were still with us. As to this, I single out Kate and importantly they have come to the aid of the criminal Mallison, whom we sadly lost in August but who proved her Bar in our time of need’. This brings me directly to one of the selfless dedication to the Committee, to successive Leaders developments of which I am most proud during my time as and to the SEC as a whole over many years. I first joined the SEC Leader, namely the creation and maintenance of the SEC Access Committee as Junior in 1995, and can barely remember a time to Justice Working Group. This Group has been actively pursuing when Kate was not involved, making incisive contributions on consultations and other public announcements touching on every topic of real interest to practitioners. Kate will be missed, the legal system in this jurisdiction, and it does so with the but not forgotten. benefit of a twenty-strong cadre of barristers from all walks of Finally to the team of key individuals who make the SEC work. professional practice. I have been particularly pleased to sponsor To my fellow Officers Oscar (now HHJ) Del Fabbro, Giles Powell, this development, creating an atmosphere in which the issues Natasha Wong, Valerie Charbit, Simon Walters, Heather Oliver, affecting the criminal Bar are a minority interest, far more time Helena Duong. Thanks one and all. To Committee members who being taken up in dealing with issues from the Briggs Report on have shouldered special burdens, Iain (now Justice of the East civil justice to the current consultation on modernising judicial Caribbean Supreme Court) Morley QC as Director of Education, terms and conditions. I have always been conscious that our Karim Khalil QC as Editor of the Circuiteer, Paul Cavin who joined colleagues from practice areas beyond crime patiently listen to me on the Joint Advocacy Selection Committee, and Alison the agonies of the criminal Bar for a disproportionate amount of Padfield as Chair of the Access to Justice Working Group. Thank time. I hope that I and others have redressed the balance at least you. And to our peerless Administrator Aaron Dolan and my PA to a degree during the past two years. Whilst our instructions Tana Wollen. I don’t know what I shall do without you. and remuneration may come from disparate quarters, when it comes to the application of legal precedent together with a It has been the greatest privilege to spend principled approach to problem-solving, we remain One Bar and we must stick together. The SEC and the Circuit Committee is the last two years trying to do everything open to all who have the time and interest to shape the Bar of I can for this Circuit. My thanks to every tomorrow. If you have not been directly involved before now, think about it. There is much that you might do to help. individual member who has made contact with me to discuss matters personal and Three reminders of my words two years professional. I have tried to help. ago, and three strands to the work of the Circuit and my work as Leader. All We no longer use Latin when in three go together. I have done my best court. But I can finish here with the to pursue all equally. words ‘Floreat SEC’.

Of course there has been more to my time as Leader. The continuing pre-eminence of the SEC Bar Mess Foundation Advanced International Advocacy Course (aka ‘Keble’ to all of us) takes pride of place. HHJ Julian Goose QC, Paul Stanley QC, Sarah Clarke and Aaron Dolan (as Course Director and Deputies, and SEC Administrator respectively) deserve our heartfelt gratitude for tending the flame so ably, and keeping our former Leader Tim Dutton’s great idea alive and closing in upon an imminent silver anniversary. This leviathan course, benefitting criminal and civil practitioners equally, walks tall amongst all other advocacy courses worldwide, witness the course tutors who give their valuable time and fly around the globe to join us each August Bank Holiday. I have loved every minute of my time at Keble 2015 and 2016, and am confident my successor will feel the same. Next comes our representative work in general, spreading the Max Hill QC word on new developments and best practice through the Bar Mess structure which is unique to the SEC. I am grateful to my Red Lion Chambers inner circle, the Bar Mess Chairman, for all of their efforts on Leader, South Eastern Circuit

4 Reflections of a Circuiteer

I was called to the Bar in 1963. To in court on the first day of Assizes so that practice at what was then called they could listen to and learn from the the independent Bar, whether you leading juniors, and sometimes silks, on intended to venture out of London or the circuit prosecuting and mitigating.

Igor Judge use to Google images labelled free not, you were required to join a Circuit. You were also sent to Quarter Sessions My first pupillage did not culminate in because the Recorder or Chairman did criminal work, you certainly did a tenancy. I was offered a tenancy in a had let it be known that there was an both; we did family work, money and Circuit set based in London and joined unrepresented defendant to whom he custody and access; personal injury, both the Midland Circuit. I practised on the was willing to grant PPD (Poor Prisoners for plaintiffs, as they then were, and Midland Circuit, and then the Midland Defence). These experiences, combined defendants; occasional sale of goods, and and Oxford Circuit until 1988 when I with appearances in trials at magistrates building and planning and employment was appointed to the bench. It was a courts, when solicitors were on holiday, cases: and boundary disputes; just about wonderful way to practice at the Bar. formed an essential part of your learning anything that needed an advocate. For curve as an advocate. Memories of the early days come flooding example, I was fortunate enough to be back. Circuiteers were sometimes, One or two additional features about briefed to argue the case of Treasure patronisingly, described by those criminal justice: your fees were not fixed Trove in the Chancery Division, and in practising in London as “provincial” centrally. At Lindsey Quarter Sessions the mid 1980s to advise and represent barristers, and sets of chambers based you were paid at least double the fee paid miners in the Midlands during and in the on circuit were described as “provincial” by Northampton Quarter Sessions. It aftermath of the Miner’s Strike in their sets. Yet to someone whose pupillage was was deliberate policy, designed to attract disputes with the NUM, and later the based in London, standards of advocacy senior practitioners to Lincoln, so that the NCB. I doubt whether anyone nowadays on Circuit appeared to be strikingly high, a work would be done more efficiently, and has the breadth of practice, which many view which was later confirmed on every quickly. Whether at Assizes or Quarter circuiteers then enjoyed. Areas which Circuit I visited as a judge. Sessions the individual who fixed the fee we would not touch included taxation sat in Court. For work done particularly and trusts, and defamation, where the There were some strange rules. For well, the standard fee would be “upped”, theory was that an untutored pleading example, if you took silk from a Circuit set sometimes on his own initiative, might half your plaintiff client’s damages, of chambers, you had to leave your old sometimes at the suggestion of the or double the damages to be paid by chambers and join a set with an address judge. Such a compliment from the judge your defendant client. Subject to specific in London. If you were briefed off your was always passed on. exceptions of this kind, I repeat advocacy own Circuit, a fee had to be paid to a was our speciality, and on circuit it was junior from the Circuit you were visiting. There were still very few women so regarded by solicitors. I believe that “Special” was the description given to practitioners. Although I have what was true for my own circuit was true this particular restrictive practice. Circuits recounted the story before, I shall for the others. guarded their boundaries. Non-circuit repeat that their position was members were treated with courtesy, summarised for me by the speech In short it was a very different world, but on the occasions when I travelled made by Mrs Justice Lane at the dinner as it always has been and no doubt will to Chester and Swansea and Sheffield given in her honour following her continue to be. My years on the circuit to do a simple “undefended divorce ”, promotion from the County Court left me with many lifelong friends, a very familiar feature of early practice, bench. She began by saying that “ redoubtable opponents in court, I somehow found myself at the very this was the first time she had dined pleasant companions out of court. bottom of the list. My abiding memory of in Mess”. Some of the older members Remarkably, in such a competitive that visit to Chester was it happened on of the Circuit felt a little shocked at profession, I never remember even the day after the Court had listened to the what they thought was a discourtesy: the beginnings of an occasion when tapes of victims of the notorious Moors some of us were shocked that this was a circuiteer behaved towards me in Murders. The shock was almost palpable. so. Since then the Circuit has elected a way which led me to question his No one could speak above a whisper. Frances Oldham QC to be its Leader, professional integrity or standards. and Julia Macur and Kate Thirlwall Rather my years on circuit were Criminal courts did not sit permanently. have been, and now Sue Carr is a marked by generosity of spirit with Assizes and Quarter sat for limited Presiding Judge. help and support whenever it was periods, sometimes a week, sometimes needed. Perhaps unsurprisingly, indeed, even shorter. The work had to What did a circuiteer offer? The short when I was a judge, circuiteers, be done quickly. A two-day case was a answer, and the long answer too, was from every Circuit, were always long case. At Assizes High Court judges advocacy. There were no closed ranks of welcome in my court. dealt with the most serious cases they specialists. Your speciality was advocacy. do now, but cases of rape and robbery, s Not least because the criminal courts did 18 and death by dangerous driving, were not sit all the time, and because cases all included in their lists. The arrival of the in courts, civil as well as criminal, took Igor Judge, Baron Judge ”Red Judge” was an event. Clerks would far less time than they do now, we not Retired Lord Chief Justice send young members of chambers to sit only prosecuted and defended, and if you THE CIRCUITEER Issue 42 / October 2016 5 News from the South Eastern Circuit ALL CHANGE AT LEWES CROWN COURT

2016 has been a time of change across happy years passed quickly by. Lewes senior juniors always had a pupil with the whole of the Criminal Justice them. A good pupillage is essential for an HH RH – My feelings were a mixture System. Lewes Crown Court has seen aspiring barrister to learn good habits, a of apprehension and excitement. I had significant change, with its three most respect for the Court process and how to only appeared in Lewes on one previous experienced judges retiring in the space handle Judges, opponents, witnesses and occasion when I managed to lose an of a few months. Former Leader of the Court Staff. I appreciate that pupils now unlosable Licensing Appeal! Richard Brown, Circuit HH Michael Lawson QC, HH have to be paid and this is a real burden. as he then was, was for the Respondents. Anthony Scott-Gall and HH Richard I believe the Inns of Court should put When I was appointed on the 1st April Hayward all bid farewell to a court to the huge sums being spent on “advocacy 1996, a date some felt to be appropriate, I which they had contributed so much training”, with questionable results, into a was offered Southwark, where I had sat as over the years. fund to help pay for pupillages. a Recorder, or Lewes. I was undecided, but The valedictories for all three were my very old friend HHJ Coltart persuaded HH S-G – For my first ten years or so at very well-attended, with the upstairs me to choose Lewes. He told me Lewes Lewes the Presiders would come to sit at galleries of Court One at Lewes Crown was a very civilised town with an excellent Lewes regularly for a month to six weeks Court being used as an over-flow due to local Bar, helpful and friendly staff, and a sometimes twice a year. The visit by the the sheer numbers who wished to say few “watering holes” for the occasional “Red Judge” reinforced the solemnity and goodbye to three charismatic judges working lunch. How right he was. I received gravity of court proceedings tempered by who were at the very heart of Lewes a warm welcome from colleagues, staff, the social events arranged by the Sussex Crown Court for many years. the Bar and solicitors. Lewes is a special Bar Mess and, the Lewes Judiciary and place and I feel very fortunate to have been The Presider. I have no doubt that these The Sussex Bar Mess hosted a black tie able to work there. now infrequent events have reduced the dinner in honour of our three retiring chances for rapport and bond between CJs, judges on 10th June at Pelham House, How do you look back on your career at the Bar, The Court Staff and the Presiders. Lewes. The well-attended event was the bar and on the bench? Sadly, in later years the demands on the a fantastic opportunity to wish all HH MLQC – I started my judicial career services and time of High Court Judges three the very best in their retirements with drinks with the Bar in the Mess at and Presiders has become so great that and to thank them for their immense Maidstone and finished with drinks (and the presence of a “red judge” at Lewes contributions to justice at in Sussex food) with the Sussex Bar Mess in Lewes. became a rare event. Three of our regular during their tenures. Chairman of the For me, the company of those I work with judges had murder tickets and the need Mess, Alan Kent QC, proposed a heart- has given me the most pleasure. Knowing for Presiders or High Court judges to try felt toast to our retiring judges and HH that I can trust my opponents (or know these cases was obviated save for just a Hayward responded with his usual wit the ones I cannot trust!) comes from the few cases. There was therefore a saving of and impeccable comic timing. time spent together during cases, the give expense and High Court Judges’ time with I have taken the opportunity to speak and take of pre-trial negotiations, and the the work done by Circuit Judges. Time will with HH Michael Lawson QC, HH generous appreciation of one’s opponents tell whether that has benefited the dispatch Anthony Scott-Gall and HH Richard if some cross-examination or speech goes of judicial business. Hayward about their memories of life well. As professional life becomes more HH MLQC – I spent half my judicial life in at the bench and bar and their views regulated and grown up we mustn’t lose the the Lewes group of courts and admired the on the current state of the Criminal sanity which mixing with others provides. way judges, advocates and staff alike coped Justice System. How did things change during your time with the inevitable problems associated at Lewes Crown Court? with working from 3 centres. None are What were your feelings at the start of ideal and Lewes, for all its history is no your judicial career? HH RH – Change has been relentless. I longer a suitable Tier One court building. believe a very significant change was the HH AS-G – Whilst at the bar I was an For me, however, as we have become abolition of the traditional and very infrequent visitor to Lewes but when I did more regulated by the MOJ and Court powerful role of the Lord Chancellor as appear there I was very conscious that Service and more focused on targets and Head of the Judiciary and a leading member Lewes was an Assize Court and it still new initiatives, we have become more of the Cabinet, and the creation of the retained that aura for some years thereafter. inward looking. We are no longer part of Court Service, the Judicial Secretariat It was a great honour to be appointed to sit the community we serve – decent people and Ministry of Justice. This has led at Lewes March 1996 given that I lived who are fascinated by, and want to know to the Judiciary being slowly, but surely, 20-30 minutes away. That meant no more more of, what we do: No open days, very absorbed into the Civil Service. The Senior commuting to London or further afield few college or 6th form visits; no longer Judiciary has either not appreciated this which made Lewes/Hove very appealing involved in the wider fabric of the Criminal or felt powerless to stop it. I fear for the places to work. I was apprehensive when Justice system; no real involvement with independence of the Judiciary in the future. I started but the Court Staff at Hove CC ( the High Sheriffs who seek to draw the where I sat first ) and thereafter at Lewes Another change I have noticed is the constituent parts together. I believe it is could not have been more supportive, increasing absence of Pupils in Court. When time to look out wards again – and show helpful and patient as I settled in and 20 I was at the Bar and in my early years at people that the important job we do is

6 done on their behalf and explain why your tolerance of my quirks! But especially we do what we do. thank you for such a wonderfully generous farewell Bar Mess evening. I couldn’t have What are your thoughts on the future of wanted anything else. I love retirement and the Criminal Justice System? am having a ball! HH MLQC – Looking back over the last few HH S-G – What I learned over the years was years, I can hardly believe the blatantly that no one wanted to be in a crown court political interference by Grayling as except possibly counsel ( even if they had Minister. His ambition, as a non-lawyer, to no instructions and that they might be paid prove that he could bring the system ‘to Google images labelled free to use to Google images labelled free if they were lucky ). Jurors, witnesses and heel’ did untold damage. Fortunately, Mr. defendants would rather be elsewhere and Gove was persuaded to undo much of his this is having on the Bar and the criminal it was the Judges responsibility to manage predecessor’s achievements. We will watch justice system. the Court, even on those unfortunate with interest what approach the current HH SG – The second significant change occasions when a trial was ineffective. As ‘non lawyer’ takes! I was sorry to have to a judge I felt able to overcome this disaster retire just as the paperless world and the over the last twenty years in crown court work has been the rapid and not always without too much angst. It never ceased to new judicial intranet came in. I would have amaze me how many trials were effective enjoyed the challenge and would have welcome change in representation in both prosecuting and defending cases. When notwithstanding the numerous pitfalls that liked to see if it worked better than our were ever present. It is to the credit of all more familiar ways. What I think is more I was at the Bar, Solicitors conducted summary and either way trials quite capably at Lewes, the CPS and the defence that so important, however, is that advocates many trials were in fact effective, whether learn how to examine and cross-examine before the Magistrates. As time passed after 3/96 in the crown court the Lewes before a jury or not. This is my prevailing more quickly. Our trials take too long and memory of the years 1996-2016. We greatly better focus on the real issues can be much Judges found themselves presiding over ever increasing numbers of either way trials enjoyed the dinner at Pelham House and I more powerful than a long and rambling wrote to Sarah Lindop (Junior of the Sussex conducted by “Higher Court Advocates” performance. We need a legal version of Bar Mess) thanking her and the Mess for not acting both in house for the CPS and as ‘speed dating’! only the event but the good company and a “Higher Court” Solicitor counsel. With generous present. HH S-G – I could not ignore the significant very few notable exceptions the quality of changes in the dispatch of judicial business the advocates on both sides of the court HH RH – I feel very fortunate to have between 3/1996 when I started at Lewes was lamentable both in contested cases practiced at the Bar and then sat as a and 3/2016 when I retired. These changes before a jury and in guilty pleas before the Judge for 46 years. My Chambers were at 1 are not unique to Lewes The staff have Judge. It was so dispiriting for a judge in a Essex Court. I had a general Common Law had to manage a significant increase in the criminal trial, obliged to be impartial, to see practice which took me to the House of workload, and the nature of the workload a case hopelessly prosecuted before an Lords, the Court of Appeal, the High Court particularly the way criminal trials are now intelligent Sussex Jury ( they do exist ) and/ and numerous County Courts, to the EAT presented. Despite being under resourced or incompetently defended. This scenario and disciplinary tribunals. I had the privilege they coped with unfailing humour and has been repeated despairingly by judges of appearing before Lord Denning and fortitude. With the increased reliance on at every residential seminar I attended seeing some of the finest advocates of their technology and the impending digital over 20 years. It is not for me to explain day in action. When I became a Judge I sat revolution I am relieved to pass that burden or excuse this development, in defence in crime, civil and family. Every case over the on to the next generation. What became work but I fear it has been finance driven by years has been different involving different ever more clear to me over time was that small, under resourced local solicitors rather issues, challenges and people. Few careers Lewes CC as a building has become no than by ego driven advocates manqué. offer such variety, and I miss travelling to longer fit for purpose. This fine building was The failings of many CPS advocates in the Court thinking about what the day holds. designed for a different age and approach crown Courts has been acknowledged The send-off I received in May, and the kind to trying criminal cases. I fear its time has and sadly in my time has not been fully wishes expressed were much appreciated come, should there be sufficient funding addressed. Perhaps the clock should by me and my family. As to the future, well to construct a Sussex Palais de Justice to be turned back and competent counsel it is challenging and exciting. I wish the replace Brighton, Hove and Lewes under instructed to appear in the Crown Court, Sussex Bar Mess and the wider Bar all the one roof. Anywhere but Crawley. I never counsel who do not have the security of very best, and I will continue to support enjoyed moving from Lewes to Hove- a salary and a pension. This backdrop has both as best I can. fortunately the List Office took pity on me been the second most vivid memory of my The Sussex Bar Mess, The South Eastern and I was spared sitting at Brighton. years sitting at Lewes. This is not to say Circuit and all those whom have had the that life on the bench was a struggle: quite Were there any other developments pleasure of appearing in front of HH Michael the opposite and whatever the list I knew during your time at Lewes Crown Court Lawson QC, HH Scott-Gall and HH Hayward that those appearing before me were ever for better or worse? thank them for their fantastic contribution courteous, as well prepared as was possible to the Bar, the bench and our Criminal HH RH – Finally it has been sad to see how under the new (over optimistic) regime ref Justice System as a whole. The Sussex Bar badly the independent Bar has been treated disclosure so that justice was done rather Mess look forward to seeing all three at the over the past few years, and I am full of than avoided on the day. upcoming Garden Party to be hosted by admiration for Counsel who have continued Any final thoughts on your career HHJ Kemp in September. to work so hard in their clients interests and the future? in such a difficult environment. Frozen or reduced fees, and rights of audience being HH MLQC – What a privilege it has been Ross Talbott granted to a wider pool of lawyers has to work in the criminal courts for 46 Lamb Building made the Bar a less attractive career for years meeting and helping people of all SEC Committee Member bright young graduates. Sadly I do not think sorts. How good to finish at Lewes with Sussex Bar Mess Committee Member the Senior Judiciary appreciate the effect its unique atmosphere. Thank you all for THE CIRCUITEER Issue 42 / October 2016 7 News from the South Eastern Circuit Meeting of the Chairs of the SEC Bar Messes

ESSEX BAR MESS REPORT Our annual dinner, usually held at the end of November, was brought forward this year because we simply couldn’t wait to say goodbye to Judge Ball QC. One jests. CB’s departure will take time properly to register, On Friday 18th March 2016 the Lady particularly for the many of us for whom his tenure at Ottoline Restaurant in London WC1 was Chelmsford coincided pretty much with the length of our practice. His has been a great innings. the venue for another wonderful South On 30 September the Mess assembled in splendid Eastern Circuit event. numbers at the Andaz Hotel at Liverpool Street. As well as a fond farewell to CB, the occasion also marked the This was as ever superbly arranged The following were 25th anniversary of our Mess itself. It was a wonderful by Aaron Dolan and hosted able to attend: evening among friends old and new, including Mr by Max Hill QC. Justice Knowles. There were past (one nearly said old) Many of the Chairs of the SEC Bar Leader of the Mess chairs and many former Essex Judges including Messes met and were able to devote SEC – Max Hill QC our retired Residents, granddad Mitchell and great the evening to discussing a range Chair of the Herts grandpa Clegg. Other welcome returners included of issues that had arisen in their and Beds Bar Mess Judges Marie Catterson, Alice Robinson and the respective messes. – Kerim Fuad QC recently departed Jonathan Black who is now fluttering hearts in Croydon. They were able to pool and share Chair of the Cambridge successful ideas and discuss ways and Peterborough Bar Thanks go to our tireless Junior, Laura Kenyon, for of regenerating messes. The Messes Mess– Karim Khalil QC organising such a delightful evening – nay (with the still play such an important role, late extension) night. The least said about colleagues’ especially for the junior bar in being Chair of the Central nocturnal ‘dad dancing’ the better. Long live the a receptive forum for raising the London Bar Mess – Essex Bar Mess! issues that concern them. Rosina Cottage QC On a poignant note, HHJ Anthony Goldstaub QC All members of the SEC should Chair of the Sussex Bar has recently retired after many memorable years at know that their respective Chairmen Mess – Alan Kent QC Chelmsford. He has been one of our most affectionately spend much of their free time regarded Judges and we will miss his delightful gathering information and seeking Chair of the Kent Bar Mess presence and sharp wit. For many years he coped to influence the development – William Hughes QC uncomplainingly with devastating medical difficulties, of the justice system in the best without ever losing the mischievous glint in his eye or Chair of the North London interests of the Bar. the ability to catch any train on which he set his mind Bar Mess – Philip Misner (“choose a convenient moment, Mr Halsey…”). Even Amongst the topics of conversation Chair of the Essex Bar using a walking stick, he could out pace almost anybody on this occasion, the Mess Chairs Mess – Gerard Pounder twixt court and railway station. discussed the proposed revision of the AGFS, the plans for a Assistant Junior of the In his court a couple of years ago, Sarah Vine’s defence panel of advocates, and SEC – Helena Duong disinhibited vulnerable client (more familiar with the membership of Bar Messes for lower court) interrupted a hearing by yelling out “Why the employed Bar. are you on your own – there’s normally three of you?” Quick as a flash, Goldie quipped “it’s the Government All were thanked by the Leader on cutbacks – only one Judge per court now”. behalf of all members of the SEC for their valuable and selfless work. We will miss those moments.

Kerim Fuad QC SOUTHEND PIERRE

Church Court Chambers Essex Bar Mess

8 Inns of Court College of Advocacy (ICCA)

On 13th June 13 the Council of the Inns of a manual for advocates on how to handle of Court (COIC) launched the Inns of statistical material. Advocacy in the youth Court College of Advocacy (ICCA) to courts and the digitisation of the court succeed to the functions previously process are further challenges. But like the carried out by the Inns’ Advocacy ATC before it, it has no ambition to take Training Council (ATC). The ICCA will over the early training delivered by the be responsible for providing leadership, Inns and Circuits to their own members: “Seeing officers of many years’ experience guidance and coordination in relation the qualifying sessions for Bar students, absorbing the basic techniques of advocacy, to the pursuit of excellence in advocacy. the pupils’ training courses and the New and then matching that to their own deeper The College will be governed and Practitioners’ Programmes. Its role here will knowledge of criminal justice, meant that the trainers could take huge satisfaction in seeing supported by barristers representing be to function as a think tank, generator of their students rapidly improve.” – Saul Herman, the Inns and Circuits, the Bar Council, training materials and forum for discussion. Belize March 2016 Specialist Bar Associations and the The ICCA’s first public event will be an judiciary. It will oversee the development all-day conference on 29th October and delivery of advocacy training for the 2016 entitled Vulnerability and Power: Bar of England and Wales. Maintaining the Balance (The Client’s The extra resources provided by the four Perspective). This will be aimed at changing Inns have given the ICCA the opportunity the view of vulnerability as a unitary to expand the work in progress inherited problem with a single solution, and will from the ATC and to develop important widen the material on vulnerability currently “For the ATC it is gratifying that advocacy new work of its own. In the forefront will restricted to vulnerable witnesses. Speakers training at the Bar is seen overseas as a “gold be the continuing and important task, will include: Derek Wood CBE QC, ICCA’s standard” for international tribunals.” – Robert O’Donoghue, Brussels April 2016 in collaboration with the Bar Council, new chair of governors, Baroness Hollins of training advocates in the handling of and Nicola Padfield, Reader in Criminal and vulnerable witnesses. The systematic Penal Justice at Cambridge University and programme which has been devised will Master of Fitzwilliam College. Themes to be deliver training over time to more than explored will include Autism and Learning 12,000 barristers and solicitor advocates. Difficulties, Vulnerable Criminal Defendants, It continues the groundbreaking work Young Persons and the challenges of carried out by the ATC, supported by foreign languages in court. The Advocate’s Gateway (TAG), and International work follows the ATC and TAG’s successful “It was remarked on quite widely that there International Conference held in 2015. Internationally the ICCA will continue the had not been so convivial a meeting of Bar This was attended by eminent members ATC’s extensive programme of delivering and Bench for some years, and there appeared genuine relief among both parties that all could of legal and academic circles from many advocacy training overseas, particularly in get along and learn from each other” – Ian jurisdictions and highlighted the need for the developing worlds, where improving Morley QC, Zimbabwe April 2016 change in the way we work with vulnerable standards of advocacy training helps to witnesses in justice systems around the maintain the rule of law. In the past year, and training local trainers to continue that world. On 8th June 2016 the ATC and the ATC has delivered training in a wide process. The fact that the ATC and (now) TAG launched their first published book, range of territories, including Zimbabwe, the College have been constantly asked Addressing Vulnerability in Justice Systems, Guernsey, Brussels and Belize. In Belize to provide this training is a measure of edited by Professor Penny Cooper and training was delivered, at the invitation of the impact it makes, and clear evidence Linda Hunting and published by Wildy, the Department of International Narcotics that advocacy at the Bar of England and Simmonds and Hill Publishing, which brings and Law Enforcement Affairs of the US Wales is seen to set the “gold standard” together the papers from the conference. Embassy. It provided urgently needed internationally. The trainers from the Inns A complete list of the papers which are advocacy training to serving police officers and Circuits who give up their time to included in this publication can be found who act as Police Prosecutors. In contrast support these programmes, and the host on our Advocate’s Gateway website (www. to the UK, these officers are required to countries who always make our trainers feel theadvocatesgateway.org/international- present some of the most serious cases welcome, deserve the warmest thanks. conference-2015). which could carry sentences of up to 10 years imprisonment. They are also required If you are interested in supporting any of Projects and Events to deal with committal proceedings in more the College’s projects, please contact your serious cases, where often the Defendants The ICCA has many other projects on its Inn or Circuit with your details or Phoebe are unrepresented. domestic agenda: reviews of fundamental Makin (pmakin@advocacytrainingcouncil. org) for more details. advocacy training techniques, the teaching Future trips include Philadelphia, Ghana, of professional ethics and the handling Poland, Sierra Leone and South Africa. In all of expert evidence. The expert evidence of its overseas training, the ATC adopted a Derek Wood CBE QC project includes collaboration with the ‘seed corn’ approach; giving direct training Chair of the Board of Governors – ICCA Royal Statistical Society in the production to local members of the legal profession THE CIRCUITEER Issue 42 / October 2016 9 News from the South Eastern Circuit

JOHN DOWNES ALLIOT A TRIBUTE

John Downes Alliot was my first Head of examination devastating. He once put to a John always told me there was only one Chambers when I commenced my pupillage young man that he wasn’t “man enough to good point in any case and saw his task at 1 Crown Office Row on 3rd October 1983. admit when he had done something wrong” as rubbishing the idea that his Welsh and got the answer “Yes!” heterosexual client could be part of a On that morning I met my pupil master Russian backed homosexual spy ring. All David, later to become Lord Justice, Latham The Cyprus Secrets Trial had confessed and the leading authority on who explained to me the standards of oppression Rv Sang was the only authority behaviour expected of Chambers, how I was In 1985 John was instructed to represent he took to court, as far as I could tell, for the expected to assist him, my likely working a young RAF serviceman in what became whole trial. “My case makes R v Sang look hours and the importance of making and the longest spy trial ever tried. It lasted like a picnic” – he told me. attending Chambers tea. from 11th June 1985 to 29th October. It was reported thus: He called a number of WAF’s to attest At that time all members of Chambers to his client’s red blooded interest in the including the Clerks, were accommodated LONDON — Seven British servicemen who fairer sex – although one explained that on the basement, ground and first floors. went on trial for spying betrayed some his enthusiasm wasn’t matched by his of the nation’s ‘’most precious military performance (hence his nickname Biffo) John occupied a palatial room on the 1st secrets’’ in exchange for sex, drugs and and that his client had no knowledge of or floor overlooking Inner Temple gardens, as money, a London court was told. befitted a man of his stature and had been connection with Russia. Head of Chambers since 1981. Prosecutor Michael Wright said the foreign John also believed that no jury could power behind the spy ring was not known, concentrate on a closing speech for more First Impressions but he said some of the defendants than 45 minutes. He was unimpressed have said they thought it was the Soviet I think I heard John’s stentorian tones by one of his co-defending counsel who Union, ‘’and maybe they know best.’’ The before I saw him but when he came into addressed the jury for 2 days. damage caused by the spying was ‘’quite view I saw a barrel chested, imposing incalculable,’’ he said. John was true to his word. After about 19 if not slightly intimidating looking weeks of evidence his closing speech was gentleman, immaculately turned out The servicemen were all stationed at a 45 minutes – it ended thus: with a straight back, piercing eyes and British base on Cyprus that is believed to be highly polished cavalry boots. In those used for intelligence-gathering purposes. “Members of the jury my client is accused days senior members of the Bar wore They are charged with channeling to foreign of being part of a Russian sponsored pinstriped trousers, black jackets and agents hundreds of highly classified and homosexual spy ring. He doesn’t speak waistcoats (bowler hats had only recently top-secret documents between February, Russian, he’s Welsh. He’s never been to been abandoned) and often a watch 1982, and February, 1984. Russia. He’s certainly not homosexual and watch chain. as many of his lady colleagues testified. They face 28 charges in a trial expected to Members of the jury I give you… Biffo the In those first few months whenever John last into the autumn. Five are in the Royal master spy.” Then he sat down. His client, called my name I found myself fearful I had Air Force and two are soldiers. first on the indictment, was the last to be committed some gross misdemeanour but ‘’They, as servicemen, acted as spies, ‘’ acquitted – a job well done. he was always gently inquiring about my Wright told the court. ‘’And, as spies, they progress and welfare and that of my parents It was whilst watching that trial that I betrayed to the agents of a foreign power who also lived in Langley. accompanied John to the robing room, some of this country’s most precious which also contained the gentleman’s As a pupil I accompanied John to Court on military secrets. ‘’ facilities. John stopped by the door and many occasions, usually to the Old Bailey. John would set off to the Old Bailey entered. Shortly thereafter he bellowed I marvelled at his skill and eloquence. He walking at such a pace that I felt like a “Martin”. What have I done wrong I thought. commanded the attention of all in the court toddler trying to keep up. Although by I entered with some trepidation to find room and controlled witnesses impeccably. now I was a tenant and had received my John relieving himself. He half turned and He was unfailingly polite – all witnesses first iron grip Alliot handshake, by way of said: “I’m not in the business of giving were Mr. Miss or Mrs and police officers congratulation, whenever I had a spare advice, but when you are at the Bar pee at were addressed by their rank. Questions moment I would take time off to watch the every opportunity!” were precise, economical and cross great man in action.

10 As well as being an economical oral taking beauty? I then discovered it was my yourself really worried you will have made advocate John had a similar punchy written Head of Chambers wife who, like John, was another one anyway." style. When he was first called to the Bar warm funny and incredibly down to earth – The second is from John Gimlette who Advices, particularly on quantum, might what a striking couple. John would update marshalled for John. consist of a couple of lines and a figure. me, after he became a judge, at every I recall that when we had a Chambers Christmas party on the progress of George, “I only joined 1 Crown Office Row a few celebratory dinner to congratulate John on Julian and Kate and spoke of you all with months after John had left for the bench. being made a High Court judge our new obvious pride. On Saturday I saw hundreds However, there was always a lingering head of Chambers, Scott, later Lord Justice, of pictures of John with his extended family vapour trail, as if some powerful presence Baker commented that, following John including his grandchildren and his love and had just throttled off into the yonder. I did leaving Chambers, he had come across a affection for his family was plain to see. however catch up with him a few months rare piece of Alliot memorabilia: an Advice later, in Nottingham, where I was sent as He loved life away from Chambers – that extended to a second page! a judge’s marshall. At first, I was rather something of the gentleman farmer; it was alarmed by Alliott J, who was always up first John was scrupulous about ethical not uncommon for him to have been up in and last to bed. He was like the chatelain behaviour and could not tolerate sharp the early hours yet still be in court every day of some great fortress, except that the practice. He was not afraid to make that after lambing. His energy was boundless. lodgings were dingy and chintzy and had plain to opponents. He embraced the cab He was a generous host entertaining my plum-coloured doors. By day, I’d sit with rank view often acting for clients whose parents at Park Stile after I was made a him at the bench, and, because it was hot, political views he disagreed with. He was so tenant with warmth and generosity. he’d hoik his robes up, and I’d notice that he professional they would never have known. was wearing huge black boots, better suited How many Masters of Beagles would have Chambers Anecdotes to the Sussex Downs than for negotiating represented Hunt Saboteurs! In preparing this address, I sought the nuances of the Sexual Offences Act. As I have said, John was a man with anecdotes from members of Chambers But, by night, he was ready for a party and forthright views who spoke as he found. and got an amazing response. As Patsy, he’d gather in the local bigwigs and subject In my early days I would often knock on George, Julian, Kate and I discovered, them to a pithy Latin grace, which I began to his door (which was open to young and when we met last Saturday, most of them suspect meant something rude. John was established practitioners alike), and ask for are unrepeatable in polite company. always the life and soul of these evenings, his views not just on the law but opponents and would unnerve the magistrates with I will recount two. The first deals with and judges. I recall “pompous arse but his sense of fun. One night, we were all John’s attitude to time keeping – both fair” being one of his more complimentary invited to dinner at a real castle at the end Robert Seabrook and James Badenoch, comments about a judge. of a very long drive, and six of us turned up, both former pupils, gave me versions of in an enormous chauffeur-driven Daimler. this story which leads me to think John John the Judge As we drove away, John noticed a pair of was mischievously testing them both. toads sitting in the drive, and he made us John got the infamous tap on the shoulder “He was in every way a "stickler" – for all get out (in our heels and tails) and shoo in 1986 and served with distinction as correct dress (including changing the them away. It was an intriguing moment of a High Court Judge from 1986 to 2001. bowler hat for the flat cap when he got tenderness after the jollity of dinner. Unfailingly courteous to litigants and juries into the car to drive), for "doing the work he liked those appearing in front of him John thought it was a great joke that – of the day in the day" (one of his favourite to get to the point. A marvellous judge of under some obscure Victorian statute – I adages), and for punctuality. character and the reliability of witnesses was being paid 27p a day, and, for the next he brought all his real world experience of “When I was his pupil he sometimes 30 years, whenever we met he’d refer to me life in the Guards to bear. Even those who drove us both to court. “Be outside my as ‘Marshall’. In fact, he didn’t just say it, lost left feeling they had received a fair house at e.g. 8.07 or you will not get a he’d bellow it, as if I were his ensign flagging trial or hearing. lift" (and we had to synchronise watches). under a hail of arrows. And then, of course, I remember arriving at 8.08 to see his he’d laugh and say something kind, and – if His judgments were lucid and accessible car (of course) already moving off down I was lucky – I might get one of his stories. and he never got judgitis! In fact he the road. I ran hell for leather after it, He had a great eye for the absurd, and was loathed much of the pomp and ceremony and he condescended to stop for me to little impressed by flummery and status. It surrounding the judiciary. I remember get in, but made it clear that I had failed always struck me that, in his court, it didn’t meeting him at Reading Crown Court one of the Alliott tests of suitability for matter whether you were a Nottingham when he was trying a murder, sitting life at the Bar.” coal miner or it’s High Sheriff, you were with him in Chamber after Court and him still treated with that strange mixture of bemoaning the fact that he had to stay in James continued: curiosity and steel. Somewhere, some poor the lodgings rather than get back to his “When the CPS took over the prosecution unfortunate will be grateful that John was beloved Patsy, at Park Stile in Langley, less of his cases they hadn't bargained for his judge, just as we are grateful that he than 20 miles away. Alliott. After a discussion with the defence was one of ours. He’ll be much missed”. He always said his task as a judge was to he told the CPS rep that the offered pleas Personally, I can only echo those be quick courteous and wrong – “that’s would be accepted. "But sir, I must check sentiments: a great man, barrister, judge, what the Court of Appeal are for!” John also because that depends on what Mr Lavelle father, grandfather and husband. I, for one, served with distinction as Presiding Judge [the Sussex CPS head honcho) says". will miss him terribly but I know he will be of the South Eastern circuit. Alliott: "No it doesn't. You can check with happy that we are raising a glass to him. whoever you like, but what they say is of John the family man no interest. I'm briefed in this case. The John was incredibly proud of his wife Patsy decision is mine and it's final". and his children. I first met Patsy when Advice to me in my early years: "Don't Martin Forde Q.C. she swept into Chambers in boots and worry about a mistake you think you One Crown Office Row legwarmers and thought who is this breath- have made. By the time you have got THE CIRCUITEER Issue 42 / October 2016 11 News from the South Eastern Circuit

23rd Keble Course Wikimedia. College. Image from Keble

Report on the 23rd South Eastern Circuit Bar Mess Foundation Advanced International Advocacy Course at Keble College, Oxford

“Welcome to the twenty-third Keble the Norman Manley Law School was steeped in the Commonwealth Caribbean Legal System which has its roots in the English Legal Course! We are confident that you will find System. The major traditions of the English Bar were therefore not it stimulating and rewarding. If you take foreign to us. However, our major challenge was adapting to the fact that the pre-1962 English Common Law, which in the absence time to read the materials and prepare of statutory provisions is the predominantly the prevailing legal with care, you will thoroughly enjoy the position in Jamaica, has in many cases been significantly amended by UK Statutes. The lesson on pleas in mitigation would forcefully week in Oxford.” underscore this point as we still do pleas in mitigation in what was With these words, our Course Director called us to action, in consistently referred to in playful condescension as ‘the old way’. writing, and I was now a confirmed “Keble Participant” for the The first order of business then was to enthusiastically download course set to be held August 29 to September 3, 2016. and collate the reading material provided for the course. We The Course Director’s words were at first reminiscent of the usual also had to do our background research on the applicable laws harmless banter of experienced professors to their unsuspecting in force in the UK so we could make the most accurate legal students at the start of a course. A closer reading however betrayed submissions possible. an omen that we have, by registering for this course, consented The unbridled enthusiasm quickly morphed into lament when the to a most violent cerebral assault that, in the absence of rebellion, sheer weight of the work expected of us became more apparent by will result in such a high degree of intellectual stimulation that our the minute. We were still engaged in our substantive work duties enjoyment will be obvious to the world. so preparation was not as smooth as we expected. The added There was no turning back now. My pressure of living up to Usain Bolt’s phenomenal performance in Rio colleague, Susan Watson-Bonner, and de Janeiro made our task no easier. I were selected by our Government to It was now time for us to seriously explore our options with regard attend the twenty-third installation to withdrawing from the course. But thankfully, we quickly banished of this internationally acclaimed that thought and boldly embraced our destiny fully confident that advocacy marathon. Our mission, to the rewards will outweigh the burdens. learn all we can… improve the quality Susan had been to the United Kingdom prior but this was my first of our advocacy… represent our time here. We left Jamaica at about 5:30 p.m. and arrived in England Government and Department to the at about 9:00am. I did not sleep a wink on the flight and my body best of our abilities. We were certainly appeared convinced that it had gone a whole day without sleep. thrilled by this prospect. Additionally, we were welcomed to the Gatwick by a light Susan and I are both called to the “summer” breeze that was, a little nippy but thankfully not as cold Jamaican Bar and are at different S. Watson-Bonner and C. Smith at Keble College, as anticipated. levels of our career. Our training at Oxford the University of the West Indies and Sleep was but a concept at this stage and travelling from the airport

12 to our London Hotel was a full workout. Over the next few days, review sessions, I was immediately convinced that this could be a the ‘subway’ was to become more than a sandwich to me. I also real distraction and a barrier to communication. I was also able to rode on the top floor of a Double Decker bus as often as I could and observe the effects of any corrective measures taken. This image is even strolled along the London streets at night just to absorb the also permanently etched in my mind lest I be tempted to forget. atmosphere of this ‘new place’. Additionally, the video recordings can serve as The journey from London to Oxford Town was phenomenal. The entertainment on a slow day. lush greenery was relaxing and opened my mind to the learning The Plenary and breakout sessions on the ethics of the profession that I anticipated would follow over the next few days. were also relevant even to the Jamaican context. The various On arrival at Keble College, I was immediately impressed by its lush responses given to practical scenarios presented and the resulting manicured lawns and majestic architecture. This is truly a great discussions gave real guidance that any barrister, solicitor or environment to host such a gruelling course. attorney-at-law would do well to consider. Sure I did expect to receive valuable advocacy lessons from the The breakout rooms were also a masterful stroke. Advocates were listed stalwarts of the UK Bar. That was clear from the extensive able to watch each other’s performances and learn from the faculty schedule of activities provided in our daily schedule. Of equal reviews of the live performances. I learnt many things from my importance however are the several life lessons in what it means colleagues and was exceedingly pleased to watch each of them to be a Barrister as well as the importance of mentorship in grow from strength to strength with each exercise. the continuity of the bar that were to be imparted through the numerous opportunities for cultural and intellectual exchange Continuity of the Bar: What it Means to provided at communal mealtime. be a Barrister Valuable Advocacy Practice I have always been told that the essence of law is mentorship and that the legal profession can only survive if its senior members pass Simply put, we were exposed to approximately forty hours of on its traditions to the junior members. The pastoral atmosphere in gruelling practical advocacy practice under the watchful eyes and which the course was administered underscores this point. energetic guidance of some of the UK’s most eminent judges and legal practitioners. Many lessons on what it really means to be a barrister were learnt, not in the classroom and video review sessions, but in our Our day started at 7:00a.m. each day with communal breakfast and interactions at meal time. The lively and courteous discussions would end around 9:00p.m. at the end of communal dinner. Classes accompanying our daily three square meals and numerous coffee were run on a strict time table throughout the course of the day. breaks confirmed for me that a barrister’s core principles must be Here, nothing was taken for granted and we were re-introduced to guided by R-E-S-P-E-C-T. the ground rules and advanced training that every great orator and litigator is usually expected to have been exposed to. Each member of faculty, regardless of differences of opinion, exhibited the utmost respect for self, for colleagues, for senior Such training included the undeniably helpful private and group members and the profession as a whole. Each participant surely ‘voice and speech’ training sessions. These imparted the skills observed this and was in turn subconsciously motivated to conduct needed for us to be convincing advocates from the first breath. all learning activities in this vein. The importance of standing upright with shoulders back, using the lower lungs for This can only auger well for the continuity of the profession as participants return to their respective locations. breathing, fully opening the mouth to improve enunciation and pushing the sound from the gut for increased volume were All in all, the learning environment and underscored. These are but some of the valuable aides-mémoires received at Keble that once properly implemented did increase my course content were indeed stimulating confidence level a hundred fold. and rewarding and the organising The practical lessons on how voice modulation coupled with committee, faculty and helpers the proper enunciation of consonants nullify the barriers to communication presented by ‘foreign accents’ was also must be commended. immediately relevant and very refreshing. As part of the course, each advocate was required to prepare material related to trial and appellate advocacy as well as handling expert witnesses and vulnerable witnesses. Through the Hampel method of advocacy training (which relies heavily on execution, review and replay) we were allowed to watch demonstrations from various faculty members on each aspect of the training. Each advocate was then allowed to execute each pre-set task (including examinations in chief, cross examinations and various speeches) while being video recorded. The advocate’s ‘live’ performance was then critiqued by faculty members on the spot in the presence of our colleagues. We were each then sent to meet with another pre-agreed member of faculty (who did not observe the live

The Dining Hall at Keble College, Oxford reuse. Image labelled for performance) to review the tape in a private video review session. The ‘out-of-body’ experience created by the video review sessions Courtney B. Smith was no doubt a powerful tool. It motivated each advocate to identify even the slightest barriers to communication presented by Keble International Participant otherwise unnoticed mannerisms and take active remedial steps. I was previously unaware that I mirrored an orchestral conductor Legal Officer, Financial Investigations Division, when I address the court with my pen in hand. Through the video Ministry of Finance and the Public Service THE CIRCUITEER Issue 42 / October 2016 13 News from the South Eastern Circuit

CIRCUIT TRIP TO PARIS APRIL 2016

When I saw Fiona Jackson’s friendly wave from the bar at St Pancras I knew I had found them. It really shouldn’t have taken me so long: where else would the SEC delegation be while hovering for the train, than sitting around their trolley cases, glasses in hands, sampling the produce of the nation of the colleagues we were to visit 2015 Paris Bombings – “Dealing with terrorism as a lawyer: sharing experiences over the next two days. between the UK and France”. Our own It has been a number of years since the Max Hill QC fascinated his listeners last circuit trip, and many more since with his authoritative recounting of the last to Paris. This diplomatic mission his experience in the most significant was long overdue, and, as we discovered of our recent terrorism trials and his from the moment we arrived, a venture reflection on the issues which emerged enthusiastically welcomed by our and in particular on how the electronic presentation of evidence could render Parisian counterparts. rights of the accused. The Bar had, they complex and diverse strands of evidence argued, to take its place in standing up to Our superb travel agent Dee Connolly had intelligible for juries. It was clear that our current incursions on civil liberties and to surpassed her brief by finding us hotel French colleagues were fascinated by re-focus political attention on addressing rooms next to the Arc du Triomphe, so the scope of Max’s experience and the the growing radicalisation of young that our weary Friday night arrival in the sophistication with which these trials people rather than the implementation of city was soothed by views of starry skies are mounted in the UK. As Xavier Autain, reactive security measures. over the city’s most prominent landmarks. an avocat and Membre du Conseil de It was business in the morning, but of the L’Ordre (an advisory role which includes All commented that they saw themselves, most pleasant kind, with a brisk walk up responsibility for safeguarding human sadly, at the beginning of a similar journey the Champs Élysées, past the pyramide rights) responded in his following to legal expertise and court craft in this of the Louvre and over the bridge to the address, France has no form of digital area, and that they had much to learn ile de la cite where our hosts awaited us presentation and little experience of trials from the English Bar. The differences in at the ‘Maison du Barreau’ – the home of of this magnitude. He predicted that the our systems and codes of conduct drew the Paris Bar Association. We were met by proceedings recently begun in respect surprised remarks from both sides – the deftly presented drinks and the ‘chic’est of of the November bombings would take 5 independence of the English Prosecutors lawyers before we sat down together to to 6 years to come to trial and that there and the speed of our trial process a joint seminar after an introduction and was no precedent for managing a trial chief among them. After an engaging welcome from Dominique Attias, Vice- with so many witnesses and so much vote of thanks from Frédéric Sicard, Bâtonnière of the Paris Bar. recorded evidence. the current ‘Bâtonnier’ (leader) of the Paris Bar, we moved to the buffet lunch Other speakers followed, focussing in The topic was pertinent, visiting as they generously provided in animated turn on the effect of the declared ‘State of we were in the wake of the November mood, with useful and enlightening Emergency’ on access to lawyers and the

14 conviction of Jewish army officer Alfred Dreyfus), were underlined in red pencil where saw his best points. Both attested to a continuing tradition, shared on both sides of the Channel, of fearless advocacy of which we were reminded throughout the weekend to be both proud and protective.

After all of that rigour, it was back to the hotel for a brief rest before we met some of our colleagues again for dinner ‘Chez Renault’. The major French car manufacturers occupy a block of the Champs Élysées with sparkling showrooms exhibiting their latest racetrack models. And the obvious complement to a car show room? A restaurant… of course! Gathering our thoughts and comments on the day’s activities, we dined this time not in historic parlours but suspended on a platform above the most modern of engines. A day, I think all agreed, well spent. conversations springing up all over the year’s time – Mme la Vice-Bâtonnière. beautiful salon in which we found all At our later visit to the Museum of the CPD points gained, Sunday was a day of manner of culinary delights. Paris Bar we saw portraits of Bâtionniers rest and exploration. Our leader to a flea of old brandishing their Batons of market, returning with vintage treasures, The term ‘buffet’, ironically, was power… and on not a few occasions others to galleries and museums, and one which gained rather than lost in was our own Leader noted to be rather yet others to a gentle wander through translation on this occasion: seemingly attracted to the idea! the Marais and its squares and cafes. endless dishes of deliciousness, which By late afternoon, however, the Gare du would easily have graced a Michelin Other gems of the Nord awaited and we reluctantly turned starred dining table were laid out before our minds again to home, and possibly us, alongside charming descriptions museum included Monday’s brief. But as ever with circuit of how the particular ingredients and the original notebook trips, after even our short time away and combinations came about, as well as from our brief encounter with other ways and whose region (no Frenchman or woman of Marie-Antoinette’s other styles we returned professionally it seems, loses a passion for his ‘terroir’ defence counsel before refreshed and envigorated, and at least for of origin when he comes to Paris!). To me, just a little bit more…well… French! add to our good fortune the Bâtionnier’s the Tribunel Criminal cellar had been opened for the occasion Revolutionnaire. And as for our counterparts? Invitations and some very special vintages added followed and visitations arrived just a few to the vivacity of our conversation, and A tough brief, one weeks later when the Bâtonnier and his gave at least a few of us added courage suspects, before a rather party boarded the Eurostar in the other as we ventured into a little French rather direction to meet leaders of the English than simply accepting our hosts’ flawless unsympathetic tribunal. Bar in the Inns of Courts. Vive l’alliance! English, and even more so as we aimed A century later, the notes “Thank you from all of us to Dee and to to respond to the real topic of fascination of Fernand Labori’s Fiona for their faultless planning and for our colleagues – Brexit and the then execution of a wonderful weekend.” looming Referendum in the UK. pleadings in defence of A word about the ‘Bâtonnier de l’Ordre Émile Zola. (charged with des avocats de Paris’: he is the head of the libel against the army Paris Bar, so called because he exhibits his authority and rank by his possession after publication of his Nicola Shannon of the ‘baton’. His Deputy, presumably famous ‘J’Accuse!’ letter SEC Executive Member awaiting the passing of said baton in a criticising the flawed Barrister at Lamb Building THE CIRCUITEER Issue 42 / October 2016 15 News from the South Eastern Circuit REPORT ON THE FLORIDA BAR’S CIVIL ADVOCACY COURSE

In May 2016, four junior barristers were a split over a number of days of lectures, fortunate enough to be awarded a South presentations, workshops, discussions, Eastern Circuit scholarship to attend the working lunches and feedback sessions Civil Advocacy Course at the University led by faculty staff and high-flying civil of Florida, in Gainesville. The course is practitioners. James and I were tasked with run by the Florida Bar Association and representing the Claimant, an aspiring attended by civil practitioners to hone golf professional whose dreams of Tiger the advocacy skills of both wide-eyed Woods style success were (on our case) juniors and seasoned lawyers alike. The cut short following a run of bad luck: an lucky recipients flying the flag for the accident on a “slip ’n slide” waterslide, then SEC were Francesca Perselli (New Square negligent clinical treatment and surgery, Chambers), James Holmes (1 Gray’s Inn which installed a faulty plate in his spine. Square), Sarah Clarke (Clerksroom) and Francesca represented the surgeon accused me (Church Court Chambers). We were of clinical negligence; Sarah, the company led by Gavin Mansfield QC (Littleton who manufactured the metal plate. We Chambers) who joined the faculty in all had to prepare different aspects of training the course participants and gave the opening, examination in chief, cross- us the benefit of his wisdom and good examination and closing speeches to be humour throughout the trip. watched and filmed by amused American lawyers and faculty staff, the latter of whom Upon arrival in the Sunshine State, we were very kindly hosted in Tampa by served as both judge and jury. After each Judge Claudia Isom and practising trial performance, we were given very useful lawyer Woody Isom. Aside from kayaking, feedback and sent off to review our videos swimming in their pool and trips to local with other faculty staff and Judges. restaurants, Woody and Claudia ensured Having carried out only limited number of we were given tours of the State Court, jury trials in my practice, I really enjoyed US Middle District Court and the Second watching and practising jury speeches. District Court of Appeal. We were also Somewhat surprisingly, a lot of the treated to a Cuban style dinner with theatrics seen in our much-loved US members of the judiciary and the Florida television dramas was replicated in these Bar and a lunch with the Hillsborough Bar demonstrations. By this I mean, appealing Association’s Young Lawyers, where we to shared family values, holding a client’s addressed the group on issues within our shoulders, moving more freely around the own practices. courtroom and using demonstrative and My personal highlights included a private visual aids. The style was quite different too audience with Judge Virginia Covingham, – perhaps more colloquial and sometimes whose enormous and beautifully furnished hyperbolic than courtroom and chambers enjoyed the we’re used to in benefit of complete electronic management our civil courts. in papers. At her fingertips she had Further, observing access to all pleadings, applications, the process of jury orders, judgments and correspondence selection complete ever filed for one case. Documents were with bone fide jury electronically hyperlinked to one another consultants and and to external case law. One entertaining a real mock jury part of our tour was listening to one was an experience amused Judge’s remarks to Defence I will never forget. Counsel making criminal bail applications Each party’s trial on behalf of their orange jumpsuit-wearing lawyers posed a clients. Finally, I relished listening to legal variety of questions arguments in the District Court of Appeal. of potential jurors that morning. I decided to throw myself into Although the terminology was very including those about gun ownership, the US style of advocacy. Across the board different, the legal principles and arguments favoured news channels and college it seemed as though my colleagues and I were comparable. We were also extremely education to engineer their dream team were reaping the benefits of our English fortunate to have a private audience with and to pitch their case accordingly, upbringing – many of us were told by faculty the appellate Judges thereafter to discuss to great effect. staff that they were inclined to accept the US legal system and the ethical issues Day one of the course marked my first our arguments, simply due to our “quaint that arise in their work. opening speech to my very own “jury” accents”. All of our performances were After Tampa, the real work began in comprising other course participants and filmed. Personally, I’m saving my re-runs Gainesville, the largest city in North Central faculty staff in my small group. As luck for 10 years from now, only to be watched Florida and home to the University of would have it, Gavin Mansfield QC was one with a sense of humour and a glass of Florida. Our intensive advocacy course was of the faculty staff allocated to our group wine in one hand!

16 FLORIDA CRIME ADVOCACY COURSE

During the course, the Chair of the Each year the South Eastern Circuit least one of us was, and to be frank all of Trial Lawyers Section of The Florida Bar, sends four members of the Junior Bar us were, expecting this to be an application Thomas Bishop and Gavin Mansfield QC to take part in the Gerald T. Bennett to exclude evidence based on the motions demonstrated examination in chief (known Prosecutor and Public Defender Trial in limine. It was with some surprise and as “direct”) and cross-examination of the Training Program in Gainesville, Florida. trepidation, that we learnt this was to be a Claimant’s quantum expert. The applause The program, which in many respects session Jury selection. Fascinating, alien, and from the English contingent for Gavin’s mirrors that of the Keble Course, is at times surreal, it made us all thankful that we do not have to question Jurors before devastating cross-examination was probably however unique in America, as it is the only course designed for, and attended the start of the case, as it quickly became the loudest of all! Thereafter, the real reason by, both Prosecutors and Public apparent to us just how much skill was we were in Gainesville emerged: to entertain Defenders. In advance of the course the required, and demonstrated by our American the Americans. participants are sent a booklet containing colleagues, to ask questions that did not At great haste, we proceeded to write a three briefs, the idea being that by the alienate the Jurors before the case had Revels-style skit set in the Court of Appeal, end of the week each participant would even been opened. have completed two trials and dealt with to be performed after dinner at the Present At the end of the session the groups, and the psychiatric evidence in the third. of the University of Florida’s on-campus the panel of tutors (made up of Judges and house-cum-mansion. James Holmes Whilst it would be easy to claim that the experienced practitioners) were all keen to rather fittingly played an amalgamation of briefs were easily mastered and that we felt know what we made of Jury Selection and James Bond and Sherlock Holmes; Gavin fully prepared when we arrived in Florida, what followed was an extensive discussion played himself, as lead Counsel for the there was a considerable amount of culture about the relative strengths and weaknesses applicant; Francesca played Q, Dr Watson shock involved in trying to get our heads of the different approaches adopted by the and a court usher whilst Sarah was herself round the American procedural law and the different sides of the Atlantic. It’s fair to say and Moriarty. I played Lady Justice Camilla absence of PACE codes of practice. For a that the Americans were shocked that we Parker-Whitehouse of Westminster – I find start it took a while to work out, and then did not get to choose our Juries in the same that anticipating the Parker-Bowles jokes Google, what a motion in limine was. manner as it became clear that to them this was the most important part of the trial. is often the best form of defence. After a The four of us arrived in Florida on the few hasty rehearsals in the hotel lobby, our Saturday, and met David Howker QC, who The following day the first trial sessions after-dinner sketch seemed to go down well. was to act as part of the faculty on the began, and one of the real strengths of Certainly we don’t appear to have scared course, for dinner. Whenever you go away the course was the fact that everyone was off the Americans from hosting us Brits with others it is always a worry that the encouraged to treat it as a real trial. This not again just yet. group you are with will not get on, that only meant that we were all dressed in court personalities will clash, or that the group attire (minus the wigs & gowns!) but that I am very grateful to the SEC for enabling leader will be particularly demanding. there was an “all object” policy; at any time, me to attend the course. The experience Any such fears were washed away within any member of the group could object to a reinforced how much I actually enjoy moments of meeting David. He instantly comment made, or question asked by the oral advocacy, which is something that I put us all at our ease, and had us reduced person undertaking the exercise. On the one can sometimes forget amidst pleadings, to tears with his attempts at the American hand this may seem a little daunting, but it advices, negotiations and skeleton accent (and particularly his insistence whilst certainly kept us on our toes throughout the arguments. Seeing the effectiveness of our attempting it, that we all had to attempt to week (particularly given our ignorance of the US counterparts’ often enigmatic courtroom object to something during the week). American procedural law). Indeed, it was only style, reminded me that it is worth taking in the Opening Speech (sorry, Statement) The following day we drove to the University when Alex learned to his cost you could not risks with advocacy and always being open for the introduction sessions where we ask the Jury to put themselves in the shoes to trying new techniques. Lastly, it has met the 36 State Attorneys, 37 Public of a witness (this is known as the ‘Golden strengthened the idea for me, that the value Defenders, and 1 State Wide Prosecutor, Rule’). We quickly learnt that whilst the that barristers have to their clients isn’t who were also participating in the course American style allows more rhetoric and necessarily an encyclopaedic knowledge via an embarrassing introduction of being dramatic licence, it also has fairly strict rules of the law but rather their skill set. Despite made to stand up so everyone knew who the on the use of emotive language. knowing very little about Floridian law, ‘British’ were. We then split off into the four during the course it quickly became clear different groups in which we would spend All of the exercises throughout the week that what mattered most was analytic the week. The small group sessions opened were filmed, and after being critiqued in ability and advocacy technique. This served with everyone introducing themselves, the room, you would go to the impressive as an important reminder to focus on and the part of the State that they came from, law library building for a video review. It is, hone one’s skill set, so that one can be and the number of trials they had done. It we feel, important to emphasise just how flexible when new and exciting areas of was surprising that most of the American valuable it is to get different opinions on your performance, and to see for yourself practice develop. participants had not got a huge raft of trials under their belts and most had mainly how you speak, move, and what it is you ‘second chaired’, that can equate to our actually say (rather than what you think you version of ‘being led’, which is much more said). The movement in the court room, Camilla Whitehouse prominent in their system. Preliminaries over, although alien to us, was imperative to our we moved on to a session on case analysis, colleagues who were advised to ‘make use Chambers of Kerim Fuad QC which was familiar enough, before moving of the space’ and to us, it became obvious Church Court Chambers on to the voir dire. It has to be said that at that not only was it important what was said THE CIRCUITEER Issue 42 / October 2016 17 News from the South Eastern Circuit

during advocacy, but it was also important demonstration of the examination in chief prosecutor involved in the demonstration, how it was ‘performed’. One very senior and cross-examination of Leonard “Stick” even got involved in setting up a few pranks judge on the faculty stated his feedback to Phillips, the drug-dealing, eight-ball selling, on our cohort. Firstly, when moderating in Jodie would be to be ‘more Pentecostal’ criminal informant who was to be the State’s Harry’s class, he instructed the actor who – acknowledging that he also understood star witness in one of the trials. Whilst there was playing the child witness that he was we were not allowed to wander around the was a serious side to the techniques used, calling to give evidence (and who had coped court room in the same dramatic fashion all of the faculty members played it up a incredibly well with the questioning by on this side of the Atlantic. Although, one little for the audience. After a thoroughly previous students) to burst into tears when thing that we all learnt was just how useful entertaining examination in chief by Manny Harry started his questions. Needless to say, subtle movements, and visual aids, can be Madruga (the Chief Assistant State Attorney the rest of us are still to see the recording to provide emphasis or a change of pace. for Munroe County in the Florida Keys), and of this that he (Manny, not Harry) insisted One thing that quickly became apparent, cross-examination by Cary High, David rose the rest of us should watch! Secondly, as we is that whilst our American colleagues had for his part in the demonstration and, with were walking into the main lecture hall for more licence to roam around the Court a mischievous glint, he opened with the a second demonstration (the examination room, when you listened to the content of line “Mr Phillips I Just want us to have a little in chief and cross-examination of a their Opening Speeches (Sorry, Statements) think about the evidence you have given so psychiatrist), telling David (who was not to the underlying approach was, subject to far” before taking him through Stick’s “sliding be part of that demonstration) that he was a few matters of style, very similar. Whilst scale of deception”. looking forward to his part, sending David there was a lot of focus on explaining what into a few moments of blind panic about the As is tradition, one evening we held a the witnesses would say, the underlying fact that he hadn’t prepared anything. ‘Pimms party’ for our American colleagues approach was the same as it is Whilst some of us ended our in this Jurisdiction, as one Judge American experience with put it “tell the story clearly, some down time in New York, succinctly, and engagingly”. Michael spent a day in Orlando Exercises in examination in chief sitting on the bench with a and cross examination followed, judge in the Orange County and back in more familiar waters, Courthouse. Sitting through the we managed to avoid too many jury selection of a murder trial objections (although never ever was an interesting experience, try and put a prior inconsistent which despite the mock jury statement to a witness, you’ll selection earlier in the week was likely end up with an objection still quite alien, as was going for improper impeachment). for lunch with the Judge who We all also watched how both had many questions about sides had to struggle amongst the English system. Perhaps these ‘objections!’ to adduce the most surprising part of the evidence; even those things that appeared – which followed days of trying to explain day was being told by the Judge that he fairly anodyne or incontrovertible, which in to a large percentage of them what Pimms carried a gun with him at all times including our system would have been admitted by was. This was a great opportunity to get whilst on the Bench. agreement. The provenance and relevance to know both members of the faculty and It is difficult for any of us to properly express of items, especially ‘business records’, our fellow students better without the time our shock, and sadness, at learning a seemed to be subject to a whole raft of constraints placed on us during breaks. As few weeks after our return to the United objections (some that were incredibly an added extra, inspired by the impressive Kingdom that David had passed away inventive) that in our jurisdiction, we are cross-examination of ‘Stick’ by David and suddenly. Quite simply the trip and the pretty certain would lead to strong words the impression it had made on everyone, we course would not have been the same from the Judge, yet seemed to be lauded obtained a small trophy to be won following without him. He had this ability to put you in the States. It became clear that this some friendly cross-Atlantic competition. instantly at ease, and a manner which made combative approach was deemed an The aptly named ‘Stick Phillips Memorial you feel like you had known him far longer essential part of succeeding at trial for our Trophy’ was surprisingly coveted and desired than the few days we spent together in American colleagues. When we discussed so much by our American colleagues, that Gainesville. He was by turns, effervescent, the approach now adopted in England and in the interests of diplomacy, David decided mischievous, and endlessly entertaining. Wales, they were shocked that we have such it should be presented to the Americans in On the two occasions he made a speech things as section 10 admissions, Defence his closing address. However, having made during the week, firstly at the close of our Statements, and that we would work in such this ‘magnanimous’ (which had nothing reception on the Tuesday and at the closing a collaborative manner. to do with the fact that we had lost the session of the course, he had the audience competition), we realised that the trophy Throughout the week we had a number roaring with laughter, before turning back had disappeared. This then led to three days of discussions with them about the to more serious matters at which point the of unexpected detective work by the four differences between our systems, the death room would fall silent, captivated by him. We of us to track down where the trophy had penalty, and the overwhelming caseloads are all honoured that we got to spend this disappeared to and which of the American that they have to deal with, as they often time with him and send our condolences to students had possession of it. having to juggle several hundred cases at his family, whom it was obvious, even from once. The other surprising feature of their What struck us most during the week the short time we spent with him, meant practices was the fact that they tended to was how friendly everyone on the course the world to him. be allocated to a single Court, in front of a was, from the most senior of the Judges, single Judge, often against the same one or to the most junior of the lawyers, and two opponents. we ended up having lunch with different Alex Langhorn people from the course almost every day. One of the highlights of the course was the 9 St Johns St Chambers Manny Madruga, the very same formidable

18 A view from the Naval Bar The Keble International Advanced Advocacy Course 2016

In 1997, fresh from university, I joined the Royal Navy as a maximum benefit from the exercise a period of reflection was Logistics Officer and started the journey that ultimately also required, the grand finale of the week being a trial of the led me to attend this year’s Keble International Advanced case that you have been working with all week, in order to put Advocacy Course as a Naval Barrister, and Prosecutor at the lessons learnt into practice in front of a live Jury. Each day the Service Prosecuting Authority. From day one of my was therefore long and extremely hard-work for everyone, initial Officer training at Britannia Royal Naval College, not at least the members of the faculty, a mix of Judges, Dartmouth, we were drilled in the arts of planning and QCs and Senior Juniors from the UK and beyond, each of defence writing, the Ministry of Defence’s in-house whom brought their own unique experiences and views to writing conventions and also in the art of planning. At bear, and had donated their own time to tutor on the course. its heart military planning can be summed up by the 3 Preparation, preparation, preparation was therefore the order P’s, namely Preparation, Preparation, Preparation and of the day, and the same rings true advocacy in the round. Defence Writing by it’s three core principles: Accuracy, If you know your papers inside and out, develop and master Brevity and Clarity. Why is this of any relevance to your case theory, and know all the strengths and weaknesses Keble? Because in a nutshell these are the same core of your evidence, then your planning will pay dividends in principles of effective advocacy that I took away from Court itself as your advocacy will be far more accurate. my time at Keble. One of the other key lessons that I re-learnt as a result of my Having been selected for Legal Training in 2002, commenced time at Keble was to keep it short, and keep it simple, in other my GDL in 2003 and been called to the Bar in 2005, I was words the final two basic principles of Brevity and Clarity. at that stage of my career where I was comfortable in my It is often said that a picture paints a thousand words, but practise as a Prosecutor and International Lawyer, and had sadly a thousand words do not necessarily make for a pretty relaxed into my style. I am on my second appointment as a picture in Court. By keeping advocacy concise and precise, prosecutor, having previously prosecuted as a junior Officer; whether in the oral form or the written form, it packs more of I had defended at Courts Martial in the intervening years; and a punch and has far greater effect. By highlighting the issues I had been deployed overseas on numerous occasions giving up front in an opening, you grab the attention of the Jury and real time legal advice on operational law matters. But since help focus minds to the task at hand, and by keeping your completing the mandatory advocacy training post pupillage, I speeches as short as is practicable and your questioning of had not undergone any further Advocacy training. Thus when witnesses limited to the key areas in issue, without covering offered the opportunity to attend Keble (ie on being told that unnecessary detail, you again keep the Jury focussed on what I was attending) I jumped at the chance refresh and refine my is actually important. The same in true in written advocacy, advocacy skills under the tutelage of the Keble Faculty. where the criminal procedural rules now require that skeleton arguments are precisely that, skeleton. They need to be short, Arriving at Keble College having devoted a considerable pithy and focussed on the issues. A skeleton argument that amount of personal time to the pre-reading and preparation is accurate, brief and clear, as a result of good preparation, that was required, I was keen to get started but was already may well win the day without the need for extensive legal fearing a week of being Hempled to within an inch of my life, argument in court, the Judge may already be with you. Do by some of the best advocates known to man. For those it badly and your are starting from a position of weakness. who have not been Hempled before, the technique involves Judges, are no different from the remainder, time short and you demonstrating your skill (whilst being recorded by video with increasing workloads, they do not have the time to pre- camera), before being negatively critiqued by a member of read war and peace at every application/legal argument. the panel on one aspect of your delivery, content or style, that critique forms your headline to take away. A demonstration And so, having espoused the merits of brevity, I shall end my is then given of how to conduct your particular exercise review of Keble. Whilst it required a significant investment of but avoiding your particular headline trap and you then get time in the pre-course preparation and was extremely full on the opportunity of reviewing the video recording of your through out its duration, it was arguably the most beneficial performance, before repeating the exercise and hopefully advocacy trying course that I have been on since Bar School. avoiding your past mistakes. To add to your insecurities all The combination of being coached by the finest legal minds of this is conducted in front of your tutor group, who also in the UK and beyond, of sharing experiences and practice have to go through the same process. The prospect of with your fellow students and refining your own style of being Hempled non-stop for 6 long days can therefore be advocacy, meant that I have come away with a refreshed a daunting prospect, but it is undoubtedly softened by two style of advocacy and I have re-learnt the core tenants of aspects, firstly you have advantage of taking onboard the accuracy, brevity and clarity than can only come through headlines offered to the other members of your group, and preparation and planning. therefore learning from their good practice, or avoiding their faults and secondly each critique and headline, no matter how harsh is ultimately fair and utterly well deserved. During the course of the week we were skilled and drilled in the art of closing, opening, examination-in-chief and cross examination; as well as undertaking training in the handling of Commander D J Ward MBE vulnerable witnesses and appellate advocacy. Each exercise required considerable preparation before and then to get the Royal Navy

THE CIRCUITEER Issue 42 / October 2016 19 News from the South Eastern Circuit Keble Advanced International Advocacy Course Introduction have not yet given it serious The majority of those faculty VULNERABLE WITNESS consideration, this article is members themselves revolve HANDLING To tell friends and family intended give a little background between classes daily, so as to Just when participants are unconnected with the law that to the course, to describe its ensure that all participants have beginning to feel comfortable you have signed up for the structure in broad terms, and direct contact with a wide range cross-examining ‘ordinary’ Keble Advanced International then to explain why it represents of faculty members. Advocacy Course is often a genuinely unique opportunity witnesses of fact, they are to invite a sceptical, even for those hoping to improve CLOSING SPEECHES tasked with adapting their newfound skills so as to bewildered, response. their advocacy. The first few sessions are undertake the examination-in- dedicated to closing speeches, Why, they ask, would someone chief and cross-examination of Background presented by participants as choose to give up a week of vulnerable witnesses. It is true if oral evidence had just come their summer holiday in August The Keble course runs as a that such witnesses are most to an end in the trial of the to hole up in an Oxford college six-day residential course, held commonly found in criminal for the sake of professional matter set out in their first set at Keble College in Oxford in and family law matters. That development? Most eyes narrow of papers. Dealing with closing August each year. It is open said, the faculty at Keble this yet further if you hint that submissions first not only to advocates who have over year were keen to emphasise you were intending to return allows participants to receive three years’ call. It attracts 45 that judges increasingly to Chambers in late August an early critique of their oral CPD hours, including 9 hours of expect practitioners across all anyway, and it becomes clear submissions, but also offers an advocacy and 2 hours of ethics. specialisms to be alive to the that you are not sacrificing insight into the way others have issues that arise when such a week of holiday to attend, The Week in Outline analysed the case in question, witnesses are brought within but have chosen instead to which assists with subsequent the litigation process. forego a week of paid work PREPARATION classes on witness handling. for the privilege. The welcome pack for the Given that that is what judges course contains three sets of WITNESS HANDLING now expect, I probably speak A straw poll amongst those who papers. The first set, which is Given that the Keble course is on behalf of most participants attended the Keble course this the most voluminous, forms principally concerned with the when I say that we were glad year, as I did, revealed a diverse the basis for the majority of the improvement of participants’ to be given the opportunity range of answers. A select few exercises undertaken during oral advocacy, a considerable to hone our skills within the had either heard about the the course of the week. The amount of time in the middle confines of Keble College. course from colleagues who other two sets form the basis of the course is dedicated to The actors brought in to play had personally recommended for expert witness handling witnesses with ADHD this that they attend, or had done witness handling. For those who and appellate advocacy year were both compelling and a decent amount of research. are in court almost daily, I am exercises, respectively. dedicated to their task. For the For others, the prospect of reliably informed that the course record, the members of our cross-examining an expert in Setting the tone for the week serves to knock off any rough group were under no illusions the High Court for the first to come, the welcome pack edges that may have been that something had gone time brought a rush of blood to recommends that participants acquired during the first years of wrong with our first attempts the feet and a corresponding dedicate four full days to practice and to develop a range at witness handling by the pallor to the cheeks. There preparation. As part of that of new skills. time the vulnerable witness were also a smaller number for preparation, participants are For those without such had jettisoned both his shoes, whom, more prosaically, the asked to provide the faculty, extensive practical experience, sketched a series of lewd images deadline for acquiring a healthy in advance, with a skeleton the course offers very clear on a white board and started number of CPD points was argument in respect of the guidance as to: rolling around on the floor. All fast approaching. first set of papers. • The various aims of that remained to be clarified was Whatever their reasons for THE FORMAT examination in chief and what had gone wrong and what registering, I have no doubt could be done to put it right in Upon arrival, participants cross-examination that the overwhelming majority split into criminal and civil • The extent to which the the second attempt. of participants at this year’s streams. During lectures preparation and scope of course found that Keble far EXPERT WITNESS and demonstrations from examination in chief and cross- surpassed their expectations. the faculty, either the whole examination are informed by HANDLING As one of the other participants student body or the criminal/ rigorous case analysis Having dealt with vulnerable put it before dinner on the final civil streams congregate in • The logic according to which witnesses, participants are then night: "I would recommend the the main lecture hall. At other groups of questions ought given the opportunity to work course to anyone, immediately. times, participants break off into to be structured during the with expert witnesses. For those As long as they weren't a smaller groups of eight, in which course of cross-examination advocates whose specialism direct competitor." they seek to put into practice • And the most appropriate often gives rise to disputes of For those barristers (or solicitor what they have learned and are method and style of technical fact, these sessions advocates) who have not heard offered guidance by between questioning for any given are invaluable. Participants are of the Keble course, or who three and five faculty members. case or witness guided as to the best means of

20 structuring conferences with those aspects of wellbeing at can attract faculty members intend to be persuasive and experts so as to get a handle on the Bar will be given the same from the very upper echelons of successful advocates. technical issues that may not status within chambers as more the legal profession. By way of The format also maximises the be inherently familiar to them. firmly entrenched equality and example only, that means that benefit to participants through They are then given insight into diversity matters. participants can expect: the use of smaller teaching how best to undermine their • To be taught how to groups. The ‘Hampel method’ opponents’ experts in cross- WORKLOAD cross-examine by the very of teaching, so beloved of examination and how best to Put simply, the Keble course best criminal silks Bar schools across the UK, is insulate their own experts from involves a lot of work. After a full • To be shown how to maximise particularly effective at Keble. attack. In follow-on sessions, day of lectures, demonstrations the effectiveness of their First, because the baseline participants are given ample and interactive classes, most appellate advocacy by Lord performances upon which the opportunity to hone their participants go on to spend their Justices of Appeal tutors are commenting are cross-examination skills, leaving evenings working to prepare • To be given tips on skeleton often higher than they might them well prepared for technical for the following day. That said, arguments and the making otherwise have been in the disputes in practice. they do so not out of some of oral submissions by top absence of the faculty’s lectures sense of formal compulsion, but commercial silks and demonstrations. Second, APPELLATE ADVOCACY rather because they recognise • And to be taught how to because the tutors’ comments Marking something of a that they are likely to draw as undermine an opponent’s are backed up by years of break from witness handling, much as possible from the next expert by a Judge of the practical experience at the very participants are also given the day’s lectures and classes only if Queen’s Bench Division highest level. What that means, opportunity to practice their they are on top of the material practically speaking, is that appellate advocacy. As one and have made a decent first If such quality were not enough, by the end of the week each might expect, the papers for attempt at whatever task has the faculty is made up of participant is likely to have made the appellate advocacy section been put before them. In that practitioners and judges from two significant strides forward are not particularly paper-heavy regard, the Keble course feels a variety of jurisdictions. In a in each core skill. and revolve around a legal something like a compressed single day, our small group of eight found itself being critiqued problem to which there is no MBA: the participants are, by SIZE clear answer. The appellate and large, wholly self-motivated by an Australian silk, an Irish silk, The fact that Keble keeps the advocacy sessions offer an because it is clear to them what a senior advocate from Hong number of participants down to opportunity for participants to benefits will accrue to them as Kong, a Malaysian Court of around 65 each year also directly hone their skills at making legal a result of treating the course Appeal Judge and a High Court benefits participants. In the submissions and to try and in the way it was intended Judge. Whilst most of their various meals and coffee breaks emulate the highly impressive to be treated. comments chimed with one at which faculty and participants demonstration offered by the another, the faculty members’ eat, drink and socialise together, faculty earlier in the day. TRIAL respective backgrounds there are plenty of opportunities On the final day, a Saturday, enabled each of them to offer for one-on-one conversations VOICE COACHING AND participants take part in mock insights that were unique with faculty members. These WELLBEING trials. Paired up with one of to practitioners from their can be particularly useful if there their co-participants from their particular jurisdiction. Going beyond the ‘core’ are specific aspects of what small group classes, they take curriculum, the Keble course FORMAT participants have seen that day also gives participants to attend on another pair in the final With such an impressive that they would like to discuss, one-on-one sessions with voice hearing of the claim that they and diverse range of faculty in depth, before moving on coaches. From those I spoke to, have used for the purposes of members on hand, the Keble to another topic. The limited the response to those sessions most of their classes during the course would no doubt be numbers also help to foster a was the same as mine, namely: course of the week. Given that useful if it consisted of nothing real sense of camaraderie, both overwhelmingly positive. Most the Friday night is a fairly riotous more than a series of lectures in between faculty and participants participants were astonished at affair, the bulk of participants which principles, distilled from and between participants who how quickly they could improve and and a sizeable minority years of practice, were outlined have been allocated to different upon their oral advocacy having of the faculty are somewhat to the participants. As it is, the teaching groups. been taught to focus a little worse for wear on the Saturday format of the course takes the more upon their breathing, morning. Nevertheless, the experience much further. Conclusion stance and dictation. trial is a fantastic opportunity to put into practice the skills Following such a lecture, the For advocates up to seven The course also includes a that have been learned during faculty then follow up with years’ call, the Keble course session on wellbeing at the Bar. the course of the week, and is practical demonstrations on offers a unique opportunity This seeks to draw out several conducted in something of a how the relevant principles to refine both their written of the pitfalls associated with celebratory spirit. can be put into practice. Those and oral advocacy skills. The a long career in what can be a demonstrations are not mere faculty, format and size of highly stressful profession, and What Makes the snippets of advocacy, but the course – coupled with its then offers guidance on how to Course So Useful? full-blown appeal submissions, tradition of excellence – make it avoid those pitfalls. It also gives closing speeches or conferences well worth doing, even during an overview of some of the work THE FACULTY with experts. Taken together, the August break. that is being done to ensure Ask any past participant why the the lectures and demonstrations that female barristers who step Keble course was so useful and show participants not just away to have children are given the same response will no doubt what it is that they can the flexibility and support they arise again and again. It is largely improve upon and how to do Matthew Finn need in order to continue at down to the faculty. Because of so in practice, but why it is so the Bar thereafter. I am sure Participant its tradition of excellence, Keble important that they do so if they that, before too long, both of Keating Chambers THE CIRCUITEER Issue 42 / October 2016 21 News from the South Eastern Circuit

Wellbeing at the Bar I expect by now you are back in full Circuit, Criminal Bar Association and Family Law Bar Association entitled Practice Management, Resilience and Recovery. On swing and the Summer holiday is a Monday night the other 50 barristers who had signed up a pleasant memory and that the probably found themselves struggling to attend at the start of term. Robyn Bradley and Rachel Spearing gave an insightful talk Christmas holiday beckons. Does our on why barristers physiologically may find themselves struggling wellbeing depend on the respite we all with the non-stop pressures and some useful pointers to consider to help manage the difficulties we face. The resources seek to find in holidays or should it be are available on the Wellbeing Website. more a part of our daily lives even whilst A question raised that evening related to whether the working working. Until we embrace the idea that group is working with our colleagues training the judiciary to find working practices that benefit us all. This is something efficient working can be done in less both sides are keen to collaborate on and I hope to update your time with us well and happy, rather than further soon on how that will be progressed. overtired, we will struggle to succeed Will there also come a time where even if you cannot stop the to persuade others that this is the case. emails arriving you will not be required to answer or respond to a skeleton argument by email unless you have had 48 hours The endless drip of emails through the notice? A question which may be close to many of our hearts day and night, all of which require a when we regularly find that when we have finished our work and taken some time in an evening we check the email either before response, wears down even the most bed or upon waking and find an important skeleton argument organised of us. that requires our immediate attention. There cannot be many professions where the ability to switch off becomes harder and My time as Recorder has re-connected me with the Bar that I was harder. The knowledge that emails are arriving during the night struggling to find time to see, for the number of meetings and can disturb sleep for some and it cannot be right that barristers events I deal with. How does each of you make sure that your are “on call” without any additional fee 24/7. So perhaps we all working weeks are a happy before your holiday weeks? need to work to change working practices whilst wholeheartedly embracing new technology and the digital working age. Research The sad deaths of Kate Mallison, David Howker Q.C., Jonathan has shown that having to answer emails outside working hours Turner Q.C, David Batcup and Stephen Field, bring home to all of damages job performance because it prevents people from us just how short life can be and so we must all make sure that ever disengaging from work and leads to chronic stress and the life we lead at the Bar is the one we want to lead and enjoy. emotional exhaustion. It is often the constant expectation of a With that in the bag our skills as world class advocates should response to emails that can lead to more stress than actually surely mean we are fulfilled. responding to them. The intrusion into the life side of the work So what can be done and what is being done? By the time you life balance is what leads to the emotional exhaustion which in read this the Bar Council’s working group on Wellbeing will have turn affects performance. launched its Wellbeing Web Portal a place where you should be There are a number of different ways to deal with the stream able to find easily the advice, policies and events on wellbeing of emails whilst also managing ones practice and the working tailored to barristers needs. That means that you will no longer day. Try looking at them only once or twice a day at specific have to search for Bar specific advice or help. It’s an exciting times. Emails can be received with good manners, you can project and the culmination of a great deal of hard work by Sam make it plain that you have seen the email but want to give Mercer from the Bar Council and Rachel Spearing who chairs it careful consideration and therefore would seek to respond the wellbeing working group and all my colleagues on the to any document/argument by close of play the next day. working group. Acknowledge receipt of the email indicating when you will September and the start of the new term found over 55 answer by. Try only looking at emails on your commute, or use barristers attending the first joint Wellbeing event organised by your out of office response to explain why there maybe a delay in the Bar Council’s working group, sponsored by the South Eastern responding but that you will do so within 48 hours for example

22 if you are mid-trial. However, this may not work for many of us Other ways in which participants asked the SEC to support and perhaps we can start to share how each of us manages our them were – changing the culture of the Bar – that is to promote daily practice in order to help build up resilience for more junior Wellbeing and look to prioritising it. The Bar Council’s working members of the bar. group is devoted to doing that and the SEC wholly supports its programme of activity. The Wellbeing at the Bar Website which You may recall last Easter the South East Circuit ran a survey to will have launched by the time you are reading this will also explore Wellbeing issues on the Circuit. 89 members participated showcase all those initiatives that are being offered by circuits, and careful measures were taken to ensure the anonymity of Inns or specialist Bar associations in one place. all respondents. Of those who responded to the survey: 87% indicated that they had suffered from stress in the last three The SEC is fully committed to the Bar Council’s working years (stress as distinct from high pressure normally associated group, and to the online resources which form part of with a demanding job); over 37% of respondents said they had the Wellbeing Website. It has been exciting to be part of suffered from depression; a further 30% said that they had this programme and to be able to influence its direction health problems and about half of those who responded said to suit the needs of our members. Our joint event in that they had not confided in anyone nor sought advice, help or September was the start of what we hope to be more events medical treatment. and resources devoted to your wellbeing. The event in September stressed the need to “take breaks, keep your 60% of our survey participants also said social life up outside work, cultivate an eclectic mix of they had suffered from financial problems friends and develop and sustain new and varied interests and hobbies”. That may be a tall order for those of us that in the last three years. These included late sometimes feel our work and familial responsibilities payment of fees, cash flow problems and/ take up all of our time but it is something towards which we should all aspire. Perhaps starting with the critical or a drop in income. essentials as defined at the event – sleep, diet, exercise, In answer to our question on what most affects wellbeing at mindfulness, play, nurturing relationships and daily the Bar, our survey participants mentioned: pressures of life gratitude practices, being kind to yourself and being proud at the Bar, working long hours, poor pay, financial worries, last of what you do – is an essential practice we should all minute instructions, the unrealistic expedition of all proceedings, critically embrace. unrealistic expectations from Judges, a career where there is Many of our Wellbeing survey participants suggested that the no career path, feeling undervalued and unequal treatment SEC consider developing counselling or therapy support through within chambers. our links with the Wellbeing at the Bar programme. Following Participants to the survey also said they found chambers, on from the joint event with the CBA and FLBA the SEC intends colleagues, friends and family good support mechanisms for to trial an Art Therapy class which will allow any members helping with their wellbeing. They also found taking holidays, the wishing to partake to access Wellbeing essentials by expressing work itself and the resilience they had developed helpful, as well themselves creatively with an art therapist. This is an event as flexible working arrangements. Many of the resources that the which will be publicised in the news section of the Wellbeing Bar Council’s ‘Wellbeing at the Bar’ programme is developing will Website that already offers weekly yoga and mindfulness help members identify lines of support available. sessions for barristers. In addition, survey participants were keen on the use of Having acknowledged the survey results, the SEC will continue telephone hearings or email directions for shorter directions to lobby for the introduction of prompt payment of fees and to hearings, and felt the continuance of court sitting hours of press for realistic court sitting hours; also for telephone or email 10.30am-4.30pm would allow barristers time to complete their directions where appropriate. non-court work within the working day. Please email Aaron to let us know if you would like to Generally our survey showed that only a third of participants felt attend the Art Therapy classes, your confidentiality will be they had enough time off work. Two-thirds of participants either maintained. We are currently seeking a regular place to host did not seem to get a decent break or they felt that their breaks the activity with the help of the Inn’s. were interrupted by work. The requirement to work long hours In the meantime do contact me with any further initiatives outside holidays was also highlighted. Some survey participants you would like us to pursue. We continue to look towards said that they could not afford to take holidays. a variety of courses or ways to support to members as we appreciate that different people will find different Encouragingly almost 80% of those things helpful. who took part in the survey said that they were willing to devote time to their wellbeing. Only 42% felt informal meetings with other circuit members would support them and those that were keen to meet overwhelmingly Valerie Charbit supported meeting less frequently than every month. 2 Bedford Row THE CIRCUITEER Issue 42 / October 2016 23 News from the South Eastern Circuit

SEC photo gallery

The 2016 Annual Dinner at Middle Temple Hall 10th June

Circuit Leaders’ Dinner which took place at Inner Temple on 6th April 2015

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