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Is a Place on the Bench for You? the Basics of Becoming a Bencher …
Is a place on the Bench for you? The Basics of Becoming a Bencher …. Several BACFI members are Benchers of their respective Inns. As such we thought that BACFI members, employed and self-employed barristers alike, might like to know a little more about the historic origins of this process, and how the modern day Bencher Application process works at each Inn of Court. The Inns are very supportive of nominations and applications from Employed Barristers. As a result of this article we hope that Employed Barristers in particular wish to be Benchers. What is a Bencher? Benchers provide the governance of each of the separate Inns of Court. They are primarily comprised of Judges, QCs and Barristers, self-employed and employed, and are individuals of significant standing and/or who have made a major contribution to the work and life of their Inn. The name comes from when the most senior barristers were permitted to sit on the bench at moots. This class of barristers became known as "Benchers" or "Masters of the Bench". Currently, after being successfully elected, a Bencher receives “voice and vote” meaning that they can both speak at the highest level of meetings of Benchers and also vote and receive papers on matters that need to be decided by the Inn. What do Benchers do? Benchers, as part of the decision making structure of the Inns of Court, will be involved in the governance of the Inn (which includes all issues related to the Inn including education, training, the library, finances, admittance of student members, election of other Benchers, dining and social occasions and other issues, such as advertising). -
The Inns of Court and the Impact on the Legal Profession in England
SMU Law Review Volume 4 Issue 4 Article 2 1950 The Inns of Court and the Impact on the Legal Profession in England David Maxwell-Fyfe Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation David Maxwell-Fyfe, The Inns of Court and the Impact on the Legal Profession in England, 4 SW L.J. 391 (1950) https://scholar.smu.edu/smulr/vol4/iss4/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. 19501 THE INNS OF COURT THE INNS OF COURT AND THE IMPACT ON THE LEGAL PROFESSION IN ENGLAND The Rt. Hon. Sir David Maxwell-Fyfe, K.C., M.P., London, England A TTHE present day there are many eminent lawyers who have received a part, perhaps the greater part, of their legal grounding at Oxford or Cambridge or other universities, but there was a time when no legal teaching of any consequence, except in Canon and Roman law, was obtainable anywhere outside the Inns of Court. Sir Wm. Blackstone called them "Our Judicial Univer- sity." In them were taught and trained the barristers and the judges who molded and developed the common law and the principles of equity. The Inns were not in earlier times, as they are now, inhabited merely during the daytime by lawyers and students who dispersed in all directions to their homes every night. -
Bar of Ireland to the Legal Services Regulatory Authority Concerning the Education and Training Arrangements in the State for Legal Practitioners
Submission by Council of The Bar of Ireland to the Legal Services Regulatory Authority Concerning the Education and Training Arrangements in the State for Legal Practitioners 15th June 2018 TABLE OF CONTENTS PAGE PART 1: EXECUTIVE SUMMARY 3 PART 2: SCOPE OF THE CONSULTATION 5 PART 3: PUPILLAGE AND THE NEW PRACTITIONERS PROGRAMME 6 PART 4: CONTINUING PROFESSIONAL DEVELOPMENT 10 PART 5: ARRANGEMENTS TO TRANSFER BETWEEN LEGAL PROFESSIONS 15 PART 6: OBSERVATIONS AND RECOMMENDATIONS FOR THE 20 CONSIDERATION OF THE LSRA AS PART OF THIS CONSULTATION APPENDIX 1: GUIDELINES FOR MASTERS AND PUPILS 22 APPENDIX 2: CPD SCHEME RULES 23 APPENDIX 3: COMPARISONS WITH OTHER JURISDICTIONS 27 APPENDIX 4: LAW LIBRARY MEMBERSHIP TRENDS 2008 - 2018 28 2 PART 1: EXECUTIVE SUMMARY The Council of The Bar of Ireland is the accredited representative body of the independent referral Bar in Ireland, which consists of members of the Law Library and has a current membership of approximately 2,200 practising barristers. The Bar of Ireland is long established and its members have acquired a reputation amongst solicitors, clients and members of the public at large as providing representation and advices of the highest professional standards. The principles that barristers are independent, owe an overriding duty to the proper administration of justice and that the interests of their clients are defended fearlessly in accordance with ethical duties are at the heart of the independent referral bar. As it is the Honorable Society of the King’s Inns who has the responsibility for the education and training of students in order to be admitted to the degree of Barrister-at-Law, this submission will confine itself to matters relating to the ongoing professional education and training arrangements in place for newly qualified and practising barristers. -
Legality of the Use of Force Against Iraq International Law and the War with Iraq
FEATURE — LEGALITY OF THE USE OF FORCE AGAINST IRAQ INTERNATIONAL LAW AND THE WAR WITH IRAQ International Law and the War with Iraq ALEX J BELLAMY* [The United States-led invasion of Iraq prompted a widespread debate about the legitimacy and legality of the use of force without explicit United Nations authorisation. Some argued that the invasion enjoyed the implied authorisation of the Security Council, suggesting that Resolution 678, a remnant of the first Gulf War, continued to authorise the use of force to ensure Iraqi compliance with the Gulf War cease-fire. The US government further argued that Iraq posed an imminent threat to its neighbours, to the US and to international peace and security. On this basis, the US asserted a right to pre-emptive self-defence. This article evaluates these legal claims in depth. It exploring the background to the war, and asks whether or not the Security Council did implicitly authorise the war. Having assessed the statements of Security Council members, it suggests that the resolutions passed at the time of the first Gulf War were not intended to authorise subsequent uses of force. Nor, it is argued, did Resolution 1441, passed in November 2002, provide implicit authorisation for the use of force. Given the substance of the reports of Hans Blix, Executive Chairman of the UN Monitoring, Verification and Inspection Commission, and the subsequent failure to discover weapons of mass destruction in Iraq, the self-defence argument is also untenable. Indeed, to accept either of the legal justifications proposed -
Middle Temple Members' Guide
CE 4140 Booklet make-up v6:Layout 1 9/10/14 4:00 PM Page 1 MIDDLE TEMPLE MEMBERS’ GUIDE 2014/15 CE 4140 Booklet make-up v6:Layout 1 9/10/14 4:00 PM Page 2 THE TEMPLE WELCOME INNER TEMPLE LANE FLEET STREET Contacts Welcome to this third edition of the 1 BURNTON BUILDINGS GOLDSMITH BUILDING Middle Temple Members’ Guide, which 1A -1B 2 4 MIDDLE TEMPLE LANE i General Enquiries we have created to give you an overview 3 The Treasury Office of the services and facilities available to HARE COURT Ashley Building you as a Member, and to help you make TEMPLE CHURCH Middle Temple Lane the very most of what the Inn has to offer. London 4 BRICK CLOISTERS COURT Whether your interests lie in sponsoring 4A ESSEXi COURT5 ESSEX EC4Y 9BT PUMP COURT 9 DEVEREUXi COURT COURT T: 020 7427 4800 a student, hosting an event in our historic ESSEX COURT BRICK COURT CAR PARK buildings, dining with us, staying in our INNER TEMPLE F: 020 7427 4801 HALL PUMP COURT E: [email protected] overnight accommodation, joining our i 1 BRICK ELM COURT W: www.middletemple.org.uk fundraising programmes or one of our COURT LAMB 1 ESSEX BUILDING societies, or just obtaining contact details NEW COURT DEVEREUX CHAMBERSCOURT Estates for our departments, we hope you will find CROWN OFFICE ROW FOUNTAIN COURT T: 020 7427 4840 this Guide useful. CARPMAEL BUILDING i TUDOR STREET GATE E: [email protected] 35 ESSEX ST MIDDLE TEMPLE HALL If you are yet to become a Member, do FOUNTAIN COURT PLOWDEN Events use this Guide to get a sense of what the BUILDINGS GARDEN COURT T: 020 7427 4820 Inn offers you. -
Barristers and Judges in England Today Rt
Fordham Law Review Volume 51 | Issue 3 Article 1 1982 Barristers and Judges in England Today Rt. Hon. Sir Robert Megarry Recommended Citation Rt. Hon. Sir Robert Megarry, Barristers and Judges in England Today, 51 Fordham L. Rev. 387 (1982). Available at: http://ir.lawnet.fordham.edu/flr/vol51/iss3/1 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. BARRISTERS AND JUDGES IN ENGLAND TODAY* RT. HON. SIR ROBERT MEGARRY** t is indeed an honour to be invited to deliver the Twelfth Annual John F. Sonnett lecture at Fordham University. It is also some- what intimidating to be following in the footsteps of my eleven highly distinguished predecessors, including, as they do, Chief Justices of the United States, of England and of Ireland. At one stage I began to fear that I would be struck dumb; but I am a lawyer, and I was comforted by the well-known rule of medical diagnosis in your country. This is that you can always tell the state of a lawyer's health by looking at his mouth: if it is shut, he is dead. I hope that I am not. The careers of my predecessors in office, and that of John F. Son- nett himself, suggested that my subjectshould be professional rather than academic in nature, and so I shall speak of barristers and judges in England today. -
THE BRITISH INSTITUTE of INTERNATIONAL and COMPARATIVE LAW Charles Clore House, 17 Russell Square, London WC1B 5JP
THE BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW Charles Clore House, 17 Russell Square, London WC1B 5JP Tel: (+44)(0)20 7862 5151 E-mail: [email protected] Fax: (+44)(0)20 7862 5152 No. 2 www.biicl.org APRIL 2004 NEWSLETTER Development Appeal: £2 million target reached in donations and pledges Due to the hard work of the Development Appeal Committee, chaired by Lord Goff of Chieveley, the generosity of individuals and trusts and the willingness of companies and firms to become more actively involved in the Institute on an ongoing basis, we are pleased to announce that our initial target of raising £2 million has been achieved. Through the activities of the Appeal we have been able to establish a number of new activities. Last year saw the launch of both the Competition Law Forum and the Data Protection Research and Policy Group, and the establishment of the Company Law Centre. The Dorset Fellow in Public International Law is funded for five years. Our successes have encouraged us that there is strong support for the Institute both within the profession and beyond. It is evident that there is much that the Institute could achieve, given the funds and opportunity to do so. It is to this end that the Institute has established a Development Board to continue to look at ways in which the Institute can increase its activity and develop its role as the leading institute for international and comparative law. The Development Appeal and Development Board aim is to increase the funding of ongoing activities of the Institute. -
1 the Bsb Handbook Part V
Annexe D Part V: Enforcement Regulations THE BSB HANDBOOK PART V – ENFORCEMENT REGULATIONS CONTENTS A. THE COMPLAINTS REGULATIONS A1 POWERS AND FUNCTIONS OF THE PCC A2 INITIAL PROCEDURE TO BE FOLLOWED BY THE PCC WHEN DEALING WITH COMPLAINTS RECEIVED FROM PERSONS OTHER THAN THE BAR STANDARDS BOARD A3 PROCEDURE FOR DEALING WITH COMPLAINTS TO BE HANDLED BY THE PCC - GENERAL A4 POSSIBLE OUTCOMES OF AN INVESTIGATION OF A COMPLAINT UNDER SECTION V.A3 A5 DETERMINATION BY CONSENT A6 APPEALS A7 REOPENING OR RECONSIDERING COMPLAINTS WHICH HAVE BEEN DISPOSED OF A8 CONFIDENTIALITY A9 INTERPRETATION A10 COMMENCEMENT B. THE DISCIPLINARY TRIBUNALS REGULATIONS B1 ARRANGEMENT OF THE REGULATIONS B2 THE REGULATIONS B3 CITATION, COMMENCEMENT AND REVOCATIONS B4 ANNEXES TO THE DISCIPLINARY TRIBUNALS REGULATIONS C. THE HEARINGS BEFORE THE VISITORS RULES C1 ARRANGEMENT OF THE RULES C2 THE RULES C3 ANNEXES TO THE HEARINGS BEFORE THE VISITORS RULES D. THE INTERIM SUSPENSION AND DISQUALIFICATION REGULATIONS D1 APPLICATION D2 THE REGULATIONS D3 INTERPRETATION 1 Annexe D Part V: Enforcement Regulations D4 COMMENCEMENT E. THE FITNESS TO PRACTISE REGULATIONS E1 APPLICATION E2 THE REGULATIONS E3 INTERPRETATION E4 COMMENCEMENT F. INTERVENTIONS AND DIVESTITURE F1 INTERVENTIONS F2 DIVESTITURE 2 Part V: Enforcement Regulations Section A: The Complaints Regulations A1: Powers and Functions of the PCC A THE COMPLAINTS REGULATIONS A1 Powers and Functions of the PCC 1. The membership of the PCC shall be as prescribed by the Standing Orders of the Bar Standards Board from time -
The Beginning, Flourishing and Decline of the Inns of Court: the Consolidation of the English Legal Profession After 1400
Vanderbilt Law Review Volume 10 Issue 1 Issue 1 - December 1956 Article 3 12-1956 The Beginning, Flourishing and Decline of the Inns of Court: The Consolidation of the English Legal Profession after 1400 Anton Hermann Chroust Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Legal Profession Commons Recommended Citation Anton Hermann Chroust, The Beginning, Flourishing and Decline of the Inns of Court: The Consolidation of the English Legal Profession after 1400, 10 Vanderbilt Law Review 79 (1956) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol10/iss1/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. THE BEGINNING, FLOURISHING AND DECLINE OF THE INNS OF COURT: THE CONSOLIDATION OF THE ENGLISH LEGAL PROFESSION AFTER 1400 ANTON-HERMANN CHROUST* Wherever the common law is studied and practiced [the Inns of Court] must be regarded as the original fountainhead of the law, toward which the true lawyer must feel as a Jew does toward Jerusalem and a Mus- sulman towards Mecca. The four Inns of Court-Lincoln's Inn, Gray's Inn, the Middle Tem- ple and the Inner Temple-may well be called one single legal univer- sity composed of four relatively independent colleges. In their long and illustrious history these Inns have discharged important func- tions in the domains of legal education and professional discipline. As the depository of splendid professional traditions which date back to the Middle Ages, they were for a long time the guardian as well as the gateway to the higher English Bar. -
Runnymede Trust Conference: What Magna Carta and the Race
RUNNYMEDE TRUST CONFERENCE WHAT MAGNA CARTA AND THE RACE RELATIONS ACT MEAN TO US TODAY SIR RABINDER SINGH 29 JULY 2015 1. I am honoured to have been invited to address you today. The Runnymede Trust is the leading organisation in this country dedicated to the promotion of racial equality. When it was founded in 1968 by Jim Rose and Anthony Lester it took its name from the meadow by the Thames where the first Magna Carta was sealed in 1215. I am particularly pleased that, among the understandable and widespread commemorations of the 800th anniversary of Magna Carta, the opportunity has not been lost also to remember that this is the 50th Anniversary of the first Race Relations Act in this country. 2. At first sight it is not obvious that there is any link between the two. It is well- known that Magna Carta was sealed as part of a power struggle between King John and the Barons. They would hardly have been interested in creating an equal society. Furthermore, many of the references in Magna Carta itself are based on distinctions between people depending on their status: the reference to “all free men” clearly excluded those who were villeins. The institution of 1 serfdom was very much alive at that time. And there were provisions in the 1215 version of Magna Carta which on their face discriminated against Jews. 3. Lord Sumption, who is not only a Justice of the Supreme Court but a distinguished historian, has described the sentiments which often surround Magna Carta as “high minded tosh.”1 Although it is undoubtedly correct to question whether many of the modern readings of Magna Carta have any basis in historical fact, it is also important to recall that the mythology surrounding such documents can itself have continuing impact on a society. -
1 ETHEL BENJAMIN COMMEMORATIVE ADDRESS 2010 DIGNITY Rt Hon Baroness Hale of Richmond Justice of the Supreme Court of the United
ETHEL BENJAMIN COMMEMORATIVE ADDRESS 2010 DIGNITY Rt Hon Baroness Hale of Richmond Justice of the Supreme Court of the United Kingdom It is a great delight to be back in New Zealand. I have fond memories of our first trip here in 1993, the centenary of your pioneering decision to give women the vote. I picked up a facsimile copy of a small poster from 1893 headed “Notice to Epicene Women”. It advised electioneering women that they were not wanted at that address and should get back to looking after their homes and their husbands. When I joined the Court of Appeal in England I put it up on the door of my chambers – mainly as a joke, but also to catch people’s eyes, and make them wonder where and when such sentiments could have been uttered. Hopefully, although I was the only woman on the court then, my colleagues would recognise that such things could never be said today. But I miscalculated. One day the poster disappeared. A colleague had taken it down. He was not so sure who had put it there or whether it was a joke. So it is even more of a delight to be back here celebrating the memory of Ethel Benjamin. If New Zealand deserves great credit for giving women the vote, long before anyone else in the English speaking world, it deserves at least as much credit for giving women the right to practise law, if not so far ahead of the rest of the English speaking world, then at least long before “the mother country” and with much less fuss and bother than anywhere else. -
British Iraq War Legality
Regina (Gentle and Another) v. Prime Minister and Others Appeal to the United Kingdom House of Lords [Legality of Iraq War Case] 2008 U.K.H.L. Rep. 20, 2 World Law Rep. 879, 2008 WestLaw 833633 (April 9, 2008) Author’s Note: This suit did not seek money damages. The plaintiffs are parents of soldiers who were killed in the Iraq War. They alleged that the Article 2 “Right to Life” provision of the European Convention on Human Rights was an appropriate basis for a judicial assessment of the legality of the Iraq War. Per the House of Lords (final possible appeal venue) practice, each of the selected judges provides his/her views on the issue presented. Portions of overlapping analyses have been deleted. Bracketed inserts have been added at the beginning of each opinion, as a signpost for the gist of each opinion. The paragraph numbers are those of the House of Lords. The original British spelling has been retained. The term “[E.C.H.R.]” refers to European Convention on Human Rights. Court’s Opinion: APPEAL from the Court of Appeal . LORD BINGHAM OF CORNHILL [facts and legal provisions] 1 My Lords. The claimants are the mothers of two young men, both aged 19, who lost their lives while serving in the British army in Iraq. Fusilier Gordon Campbell Gentle … was killed by a roadside bomb on 28 June 2004. Trooper David Jeffrey Clarke … was killed by “friendly fire” on 25 March 2003. These deaths have been fully investigated at duly-constituted inquests conducted in the United Kingdom, and there are no outstanding questions about when, where and in what circumstances they respectively died.