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The Circuiteer Issue 19 CIRCUITEER – AUTUMN 2005 10/11/05 11:36 AM Page 1 Issue 21 The Circuiteer News from the South Eastern Circuit Autumn 2005 The Circuit and its Judges The Annual Dropping the Pilot Loire for Dinner everyone Page 4 Page 6 Page 12 CIRCUITEER – AUTUMN 2005 10/11/05 11:36 AM Page 2 A Note from the Editor rather differently from what was declared in July. own views on a way forward. In order better to With due respect to the matter of fees, this understand with whom we are dealing in the edition is dedicated to another, often maligned present, I have profiled the new Ministers at the institution: the judiciary, and, in particular, to four DCA and Lord Carter of Coles. friends of the Circuit. Barristers may not realise The Circuit also knows how to enjoy itself. what it feels like from the bench, coping with the The reports of the annual dinner and of the trip to flood of legislation, regulations and rules, not to Berlin in July make that clear, and the pictures mention sentencing guidelines. Then there is the speak for themselves. Our wine correspondent, occasional media attack (sometimes from Tom Sharpe, Q. C. suggests some tempting wines barristers interviewed on television) for from the Loire. Tetteh Turkson, whose palate is sentencing too lightly (or too heavily) or for also well trained, gives a fair assessment of dinner undermining the war on terrorism by supporting a at JAAN, for those whose long awaited cheques Human Rights Act which the Government no have arrived. The continuing series of Circuit longer brags about putting on the statute books. towns takes us to Canterbury, where Paul Tapsell Perhaps by coincidence, two of the judges provides hope beyond the court canteen. featured here have retired early. We celebrate One of the striking things about the meeting HH’s Fabyan Evans and Jeremy Connor, and at the Old Bailey was that all the speakers were welcome Mr. Justice Gross, our new presider, and men. But the Bar is thankfully not just a ‘guy This edition appears at a difficult time for the HHJ Michael Lawson, Q. C., former Leader of the thing’, and not as long as the Association of criminal Bar. For the past months, individual Circuit—whose memories of the burdens on the Women Barristers have anything to say about it. barristers have considered what if anything they Bar are still painfully fresh. Their AGM was fascinating, and the Women can do publicly to show their anger and to make Whatever challenges are thrown down by Lawyer’s Forum, like the Bar Sole Practitioners’ the Lord Chancellor change his mind. I attended Parliament and the courts, the practitioner rises meeting, show that traditional Bar institutions are the meeting at the Central Criminal Court on July to them. Tim Akkouh, and Anthony Kirk, Q. C., keep not the only ones who are looking after the 13, where a succession of individuals including us up to date with developments. Although writing interests of their members. And as usual the Bar Treasury counsel stood up and ‘took the pledge’ from the points of view of civil and family work, Mess reports tell us how people are getting on not to accept any publicly funded work after what they say is useful to everyone. The Circuit regardless. September 5. Each was met by loud applause. It has always taken the lead in training its own, and As always I welcome feedback and future was fine theatre though lacking in any discussion the reports on Keble 2005 and on the Florida contributions. of strategy. One is reminded of Maréchal advocacy course demonstrate why their Bosquet’s comment on the Charge of the Light participants are so much better off when they Brigade, C’est magnifique mais ce ne’est pas la return to their practices. As for the future of the David Wurtzel guerre. La guerre, as it turns out, will be fought profession, Andrew Mitchell, Q. C. gives us his [email protected] Table of Contents A Note from the Editor page 2 Loire for Everyone page 12 Announcements page 21 Leader’s Column page 3 Being in Canterbury page 13 The Women Lawyers’ Forum page 22 The Annual Dinner pages 4-5 Should Experts Fear to Tread? ‘And one brave man’ page 22 pages 14-15 Dropping the Pilot and Judge Fabyan The Florida Advocacy Course page 23 Evans replies page 6 Keble 2005 pages 16-17 Bar Sole Practitioners’ Conference Stepping Down: A View from the Wings Similar fact evidence in civil cases page 24 page 7 pages 18-19 New Ministers at the DCA page 25 A Question of Security page 8 Dinner at JAAN page 20 Bar Mess reports pages 26-27 First Thoughts page 9 Blue Sky Thinking or Death by a Thousand Cuts page 21 The Circuit Trip to Berlin pages 10-11 2 The Circuiteer CIRCUITEER – AUTUMN 2005 10/11/05 11:36 AM Page 3 Leader’s Column – A Critical Time I am writing at a critical time for the referral Bar. It has also been a difficult and challenging time for me as Leader of the Circuit. I have been heavily committed on your behalf on a number of fronts: Legal Aid, the Carter Review, the Long and Complex Case Inquiry, relations with the CPS and other prosecuting agencies, educational and training initiatives, the Q.C. system, the Circuit Messes, Bar Council work (particularly on Clementi), judicial appointments, and last but not least (and certainly needed) Circuit hospitality. The South East is the largest Circuit and your • A totally revised scheme for long cases. The Circuit Messes representatives on the Committee have worked • Significant increases in rates of pay for the I am grateful to all Mess Chairmen who have hard. Tom Little has produced some absolutely junior Bar. canvassed the view of their members sometimes at vital work on the Carter review, as has former • Savings in the system by revised listing, speed as developments have taken place. This has Junior Fiona Jackson, Simon Barker, and Rosina technology etc. not been an easy time for them, and they have shown Cottage. On the training side, Philip Bartle, Q.C., • Durability – a ten year plan with RPI and regular leadership in their individual areas. When I toured helped by the Keble team, oversees increasing reviews many of the Messes in September, I found the Bar to levels of Circuit work of which we can be • Quality: the Bar as the experts and attracting be in loud voice and concerned for the future. immensely proud. I have only mentioned a few but quality into criminal work. This year marks the retirement of Harry de Silva, I could not discharge my work without the I have reason to be cautiously optimistic. If the Q.C., Anthony Leonard, Q.C. and Christopher Kinch, committed support of a large number of people. Review does not cause an increase in total Q.C., as chairmen and Committee representative. I Standing up to make a speech of complaint (if it spending on legal aid, then it can be implemented do not consider them to have retired from anything is a good one) is effective but only for as long as the quickly, and Lord Falconer has publicly said so. I do but I do think we should record our thanks for speech lasts. Making an indelible impression upon not believe Lord Carter will permit his report to lie helping to keep the Bar’s collegiate spirit going with the Government, judges, or the profession as a on a Whitehall shelf. good humour in troubled times. whole requires hard graft on papers which persuade, and which can and do become the The Long and Complex Case Duties, pleasures and statutes, regulations, and policies which govern our Inquiry retirements futures. I am very grateful to all of those who have There is a public scandal which lies beneath the The Circuit’s Bar Council representatives, Maura helped me this year and whom I have not named, conduct of long and complex cases. Hundreds of McGowan, Q.C. and Andrew Mitchell, Q.C. have particularly my family and the families of those who millions of pounds have been wasted on them. This made sure that the Circuit’s voice is heard, and we do the work—they pay the real price for the time has been obvious to the Bar for a long time, and we try to speak with unanimity on all relevant topics. I given up to the profession. have wrongly kept quiet about it. attend GMC meetings every week, and I also meet I have called on criminal barristers to wait until I co-chaired an inquiry, the report of which has with other Circuit leaders, at 8.30 every Thursday Carter has reported before considering whether to been delivered to the Chairman of the Bar and in morning. If you have a point to raise, please do so refuse more work. Some regard that as a sign of suitably protected form to Lord Carter. We have before Wednesday evening, any week. Similarly, I weakness. It is in fact the opposite: we must move made far-reaching proposals to improve the am consulted on Circuit appointments and I will as a profession in a united way, deploying weapons conduct of these cases by all parties. I have no take up any issues for members. of warfare only when diplomacy has run out. doubt that better conduct of long cases will free up Our annual dinner was memorable, and Sir Diplomacy will not run out before Carter reports.
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