Summer 2011

CourseFocus: Absent Benefits of the LLB? No longer Witnesses a moot point Can we solve CityExpert: the mystery? Professor Peter Kunzlik

Firm Focus: Farrer & Co

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The City offers a range Our courses cover a wide range of skills including: > Advocacy of in-house and public CPD courses > Case Planning and Preparation > Drafting for , , and > professionals with an interest in law. > Higher Rights > Management Course Stage 1 > Tailored in-house courses > Management Course Stage 2 > Public one-day courses > Negotiation > Bespoke training and mentoring > Report and Opinion Writing > Witness Familiarisation …and much, much more Accredited by both the SRA and the BSB for the provision of CPD, our expert trainers offer extensive experience in legal For more information and to apply online, visit practice, training and consultancy. With an emphasis on www.city.ac.uk/law “learning through doing”, we provide exceptional value for money and effective training methods. To discuss your training needs please call Stephen Laurie on +44 (0)20 7400 3603 or email [email protected] today!

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Production / Design: Melissa Sterry Absent +44 (0)7811 443314 [email protected] Witnesses: 09. Can we solve the mystery?

General Enquiries: In Law Magazine 04. Welcome: The City Law School City University London Letter from the Dean Northampton Square, London EC1V 0HB 05. Editorial

+44 (0)20 7040 8396 [email protected] 12. CourseFocus: Benefits of the LLB? No Published: july 2011 longer a moot point For advertising and editorial 13. contributions, or to receive your FREE 13. CityExpert: copy of In Law, email [email protected] or call us today on +44 (0)20 7040 8396. Professor Peter Kunzlik 16. NEWS: City Law School students The City Law School offers a range Our courses cover a wide range of skills including: > Advocacy win A&O Business of in-house and public CPD courses > Case Planning and Preparation Challenge for solicitors, barristers, judges and > Drafting > Evidence 17. City Law professionals with an interest in law. > Higher Rights School Life: > Management Course Stage 1 > Tailored in-house courses > Management Course Stage 2 Getting down and dirty 17. > Public one-day courses > Negotiation with pro bono > Bespoke training and mentoring > Report and Opinion Writing For more information on > Witness Familiarisation …and much, much more The City Law School, visit 20. NEWS: Accredited by both the SRA and the BSB for the provision www.city.ac.uk/law, Liberty, Supreme of CPD, our expert trainers offer extensive experience in legal For more information and to apply online, visit email [email protected] pro bono tie-ups practice, training and consultancy. With an emphasis on www.city.ac.uk/law or call +44 (0)20 7040 3309. “learning through doing”, we provide exceptional value 21. Firm Focus: for money and effective training methods. To discuss your training needs please call Stephen Laurie www.city.ac.uk/law on +44 (0)20 7400 3603 or email [email protected] today! Farrer & Co

Please quote the following reference when contacting us: CPD1110 : @CityLawSchool 25. CityPeople: Professor Philippa : Thecitylawschool Watson, Visiting Professor 21. in European Law www.city.ac.uk/law In Law 4 Letter from the Dean

The School continues to lead the field in its pursuit of innovative and up-to-the-minute teaching tools.

Welcome to the fifth edition of students across all our courses. Our previous clients have included the In Law, the magazine that gives us Our pro bono team has already joined likes of the Ministry of , Allen the opportunity to tell our students, forces this year with Liberty to set & Overy and the Crown Prosecution alumni and our many friends in the up an inaugural Letter Writing Clinic, Service and now we can add the City and the wider legal profession which will enable our LPC and BPTC ESCP European Business School in about the latest goings-on here at students to provide advice to members Paris to that illustrious roster. Earlier The City Law School. of the public in live cases. this year, 39 of its own postgraduate law students successfully completed We are currently entering a period of The School also continues to lead a company law and litigation course consolidation in higher education as the field in its pursuit of innovative here at the School. The students we continue to digest the changes that and up-to-the-minute teaching tools. also enjoyed trips to the Inns and the have already taken effect and those Our Moodle learning environment, and a series of talks from senior that will shape the future of the sector for instance, will be available to practitioners during their stay, lavishing for institutions and students alike. students across all our academic high praise on our course and staff and professional programmes from The City Law School, however, remains upon their return to France. September. in a reassuringly strong position, Our strength in a wide range of not least by virtue of our mixed Feedback from our student areas from academic study to diet of academic and professional representatives on the overall transition professional development combined programmes and our international from Cityspace thusfar has been with our commitment to long-term profile, which is growing stronger all uniformly positive and the overall the time. consensus is that students and staff development serve us well in a climate alike are very pleased with Moodle in that will continue to present significant Indeed, in recent months the School terms of navigation, accessing content obstacles. It is an exciting time for has underlined its global credentials by and assessment. The City Law School and I look forward hosting two high-ranking international to seeing us meet the challenge. legal delegations in the space of Our progress in this area is evident with a fortnight. Russian Minister of the well-publicised success of Marcus Justice Alexsandr Konovalov and his Soanes and James Toner, who recently diplomatic detail visited the School as won a brace of internal awards for their part of an ongoing research project work on the development of innovative into professional legal training in new online organisational tools for the country. Just a few days later, students. Japanese judges Masataka Nakagawa, Further afield, our programme of of the General Secretariat of the Continuing Professional Development Supreme Court, Tokyo, and Kyoto’s (CPD) also continues to lead the pack Professor Susan Nash, Satoshi Watahiki also paid a visit under the direction of Professor Penny Dean, The City Law School as part of a DNA and rules of evidence Cooper. The School runs an amazingly fact-finding mission to London. www.city.ac.uk/law diverse range of legal skills courses Closer to home, we continue to for solicitors, accountants, healthcare expand our enviable portfolio of practitioners and other professionals, pro bono programmes with more drawing on the collective knowledge opportunities than ever available to and expertise of our staff. In Law 5

Summer 2011

CourseFocus: Absent Benefits of the LLB? No longer Witnesses a moot point Can we solve CityExpert: the mystery? Professor Peter Kunzlik

Firm Focus: Farrer & Co CityView: Editorial Coverage The ‘In Law’ Roundtable on the Equality Act

We have a bumper collection of articles in this edition of IN LAW covering the full gamut of legal activity from pro bono work and campaigning for equality through to European and ‘absent witnesses’. As ever, most of the expertise featured in the articles comes from within The City Law School itself. One of the benefits of having a fully-formed institution - strong on research as well as academic and vocational teaching - is that members of the faculty can have their feet in a number of camps. With that in mind, we feature Professor Peter Kunzlik and examine his role in shaping key pieces of environmental ; Philippa Watson, Visiting Professor in European Law, discusses her career in the fields of regulatory, agriculture, economic and social issues; and Robert McPeake highlights the tangled web that has emerged between UK law and European human rights legislation over what happens when witnesses are too scared to come to court. Meanwhile, our ‘roundtable’ on the new equality legislation drew on the expert knowledge of Senior Lecturer Snigdha Nag and Visiting Professor Dominic Regan as well as an excellent external contribution from Sailesh Mehta, a campaigning of 18 Red Lion Court. It certainly produced a sparky debate! On our own account We also have plenty of interest about what is happening here within the school. The good news is that the student numbers are moving in the right direction and the scores on the A-level tariff among new undergraduates is higher than ever before. One of the benefits they enjoy is that the School has made a major commitment to pro bono activity, both because it is extremely worthwhile (and much needed) in itself and also because it can offer tremendous scope for law students to observe and take part in the real world of law in action. Our article on the work of Sarwan Singh, the School’s Director of Pro Bono, shows just how wide ranging this activity has now become. Further highlighting how law students develop the skills they need in their future careers is our piece on the way that mooting has become a centre stage activity for many of our undergraduates. With the support of LLB Course Director Margaret Carran, the skill of advocacy features prominently and everyone gains at least a taste of it. Many, of course, become addicted to it for life. Finally, we continue to look beyond the School and towards City law firms with which it has links of one kind or another. We focus this time on Farrer & Co, one of the most remarkable and distinguished firms in London, whose client list – if only we could quote it – is consistently dazzling in its membership. Taken together, these articles highlight the multi-faceted spread of The City Law School’s interests and the variety of angles from which it approaches the law. That universality is a quality that deserves to be valued.

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If you have a suggestion for what you would like to see in the next issue of In Law, Edward Fennell or if you would like to write Contributing Editor something for us, please email [email protected] or call us on +44 (0)20 7040 4206. In Law 6 CityView: The ‘In Law’ Roundtable on the Equality Act

The Equality Act, whose provisions largely took effect back in October 2010, represents a major consolidation and harmonisation of various strands of anti- discrimination legislation. But its significance has been a matter of debate and the gaps in the adoption of some of the draft provisions means there is still some unfinished business. IN LAW brought together three distinguished - Sailesh Mehta (Barrister at 18 Red Lion Court), Snigdha Nag (Barrister and Senior Lecturer, The City Law School) and Dominic Regan (Visiting Professor, The City Law School) - to review the Act and examine what difference it would make.

IN LAW: Just remind us of the Snigdha: Well, for example, in relation and that has to be a good thing. background to the Act? Why was it to race it has always been the case that However, there remain a number of necessary? if you were not from a minority group areas in the law, especially in relation to yourself but were married to a member perception, that remain to be developed Snigdha: A range of equality legislation of an ethnic minority then you would by the courts. I think we will see some big had been introduced over the years be protected ‘on grounds of race’. By developments in that area. since the 1970’s based on gender and contrast, under the sex discrimination race and then on religion, age and sexual IN LAW: As a result, does this make legislation you could only complain if orientation. Some of it was homegrown, Britain a fairer society? you were the person directly affected, others inspired by the European Union. i.e that your own sex is the issue that Snigdha: I think that attitudes toward And so the various were in a variety equality have changed very significantly of forms with different levels of protection had led to discrimination. What we now since the 1970’s. There is a wider and burden of proof. What’s more, they have is a common wording so that if acceptance of the need for people to were a mix of primary and secondary you are discriminated against because be treated equally. And I think that the legislation so the time had come to bring of a certain characteristic, your carers, new provisions in the Act such as, for them all into the same clear framework partners or friends will also be covered. example, putting an end to gagging and, ideally, to strengthen them. Moreover, someone who is perceived to have a certain characteristic will also have clauses over of employment IN LAW: But, given the fragmented the same protection. For example, if you should go some way towards achieving nature of the legislation, was it difficult to are perceived to be homosexual and were greater fairness over controversial areas harmonise them? bullied for that reason at work, you will like bonuses. Snigdha: Actually, despite the problems, be protected by the Act even if, in fact, Sailesh: The important thing is that I think that the legislation has succeeded you are not. Exactly the same wording fairness is now supposed to apply across in bringing together the various types of and burden of proof applies across the the board. And the impact of that may protection very well. The starting point board - and that also includes, of course, be significant. If employers don’t respond was that there were various and different indirect discrimination on grounds of to this, then they will have to face the standards of protection available and, disability, which had been an odd lacuna consequences in terms of the probability in effect, different sets of under the old legislation. of being confronted by a number of at work. So in order to harmonise them . Sailesh Mehta: Yes, I agree that the and make them coherent, what they’ve main aim has been to harmonise the Dominic: I take a rather different view. I tried to do is adopt the most liberal and previous laws and in that sense it’s think the Act is a shambles. It’s awkward forgiving wording they could find. worked quite well. Issues like the burden and badly drafted. What the Equality IN LAW: What does that mean in of proof and definitions of harassment are Act has done is consolidate previous practice? now consistent across all characteristics legislation which has not been effective. dual discrimination partofthedraftAct discrimination. Not implementingthe be woventogetherinorder toshow independently. They don’t haveto can betakenonthosetwostrands race andsexualorientation–then action because oftwocharacteristics– say If anindividualisfacingdiscrimination Dominic: I‘mnotsure Iagree withthat. homosexual isleftalone. other blackworkerswhereas awhite homosexual mightfacebullyingfrom So thatintheworkplace,ablack there isprejudice againsthomosexuals. situation insomeblackgroups where to thediscrimination.You haveasimilar of thetwocharacteristicsthathasled been intheir20s,butit’s acombination make theinvestmentifindividualhad The employermighthavebeenready to shortly, whybotherwiththeinvestment? that, astheemployeemayberetiring in their50sandtheemployeristhinking disabled workerbecause,say, theyare money onimproving accessfora where anemployerrefuses tospend Snigdha: You couldhaveasituation IN LAW and haveadisability. disability butbecausetheyare bothold they are, forexample,olderorhavea discriminated againstnotbecause of discriminationwhere apersonis some ofthemore complexaspects Snigdha: Becauseitaddresses IN LAW not clearwhat’s goingtohappen. provisions andatthetimeofwritingit’s about introducing thedualdiscrimination hasexpressedGovernment reservations Snigdha: Well, theCoalition you feelaboutthose? look unlikelytobeimplemented.Howdo the draftclausesinAct,whichnow views onit!Butthere isalsotheissueof IN LAW people enforcing theirrights. expensive, whichisabarriertoordinary ends upbeingterriblycomplicatedand to achieveitsaim.Theresulting litigation point thatequalpaylegislationhasfailed Snigdha: Dominichasaverygood of legislation? legislation, whyre-enact ashoddypiece 1970’s. Iftheaimwastoimprove legislation wasfirstintroduced inthe worse positionnowthanwhenthe equal paywhere weare actuallyina This appliesparticularlyinthearea of : Ok-giveanexample. : Whyisthisimportant? : Obviously, you’vegotstrong significant.” of thatmaybe And theimpact across the board. supposed toapply isnow “Fairness with thislegislation? going tobeforemployerscomply IN LAW is ratherworrying. smaller organisations–asituationthat probably concentratedprimarilyinthose Dominic: Yes, infact,theproblems are quite big. scope andmanyofwhomare actually large numberoforganisationsoutits people andabove.Thatleavesavery apply toorganisationsemploying250 the originalproposals thiswouldonly to tenderlists.Mindyou,evenunder that wouldmeantheynotgeton gap andifthere wasaproblem then equality issuessuchasthegenderpay to lookatacompany’s performanceon other responsible businesseswere able been ifpublicsectororganisationsand way toachievechangewouldhave Sailesh: Asacampaigner, Iagree. The right thing. pressuring organisationsintodoingthe out intotheopenthenthatisawayof figures wouldhelptobringproblems performance onequality. Ifpublished way ofmeasuringanorganisation’s This couldhavebeenaveryeffective the issueofgenderpaygapreporting. Dominic: Anothermissingpieceis complex bureaucratic procedures”. by “results”, notbyits“abilitytofollow performance public judgesGovernment that Theresa Mayputitwasthatthe the neednottodiscriminate.’Theway that publicauthoritiesare ‘mindfulof prefer insteadissomethingtotheeffect think thatwhattheConservativeswould but isnowsubjecttoconsultation.I It wasduetocomeintoforce in2011 The coalitiondoesn’t likethisprovision. public authoritieswillbewatered down. Snigdha: Thesocio-economicdutyof IN LAW will notbeaseriousloss. : Movingon,howeasyisit : Whataboutanyothergaps?

7 InLaw “Employers often In Law worry about 8 legislation and workers’ rights. But equality in the workplace is important because that’s the way to ensure you have a workforce that is happy and productive.”

Snigdha: Employers often worry about Sailesh: The problem is that in some advice would you give to employers? legislation and workers’ rights. But respects the are toothless. Snigdha: The simple rule of thumb is equality in the workplace is important There are really no direct repercussions that when an employee complains about because that’s the way to ensure you for the employer because there is discrimination or harassment or when have a workforce that is happy and no way of effectively holding them to someone is behaving badly then the productive. For example, it is statistically account for the way they operate. Sure, employer should deal with it immediately. capable of proof that disabled workers they may have to pay our compensation, Don’t just ignore it or pretend it’s not will stay with you longer and are more but they are not obliged to change their happening. It’s much better to go loyal than the average. So by investing in methods. Of course, if another case through the normal disciplinary steps them you enhance the contribution that is brought against them then in terms and processes. It shows strength of they can make to your company. of proof the is lower next time, but management. And what’s more it avoids that’s not enough. That’s why the most the problems of people feeling that so- IN LAW: What about organisations who effective action can be taken by ethical and-so is ‘getting away with it’. While the complain that it’s too time-consuming or organisations that decide they don’t Act might be painted by some people expensive? want to work with other organisations as being burdensome, the reality is that with a poor record on equality. And Sailesh: There is never a defence it’s not. It is actually simply a matter of so it will be important that there is a in saying that we can’t afford to do following good management practice. lot of publicity and media coverage something that is fair. Doing the right around those cases to ensure that the thing is at the heart of this legislation. It’s organisations involved attract a lot of helping to create a more vibrant, diverse adverse publicity. working environment. So there really is no excuse for not complying with this IN LAW: Without being too cynical, is legislation. this a good opportunity for employment lawyers? IN LAW: But what about all the detail and the paperwork? Snigdha: Employment lawyers are always busy! In the good times, they Snigdha: There is a lot of free guidance are dealing with cases of people who’ve get involved >>>> available from the Advisory, Conciliation been discriminated against because they and Arbitration Service, or ACAS. For haven’t got the bonus or promotion they Do you have an opinion about example, on their website you can find wanted while in a recession they are the issues discussed here? a guide for employers and a “model dealing with redundancies and cutbacks. Would you like to comment or workplace” – a set of policies and What might happen though is that this respond to this piece? procedures including letters – legislation will change our approach. Please email us at which employers can use. If we have an economic crisis looming [email protected] or call us then the new Equality legislation may IN LAW: What about the long-term on +44 (0)20 7040 4206 challenge our conventional concepts of penalties for those organisations found and we may include your who is employable. to be still operating discriminatory views in our next issue! systems? IN LAW: So in the light of this what In Law 9

ABSENT WITNESSES CAN WE SOLVE THE MYSTERY?

The UK and the European Court of Human bsent Witnesses’ sounds Rights are on a collision course over the Ô like the subject of a thriller matter of absent witnesses. Will justice film. Why have they disappeared?A Are they still alive? Or, in be crushed in the process? strictly legal terms, are they as dead as a parrot? For the last few months, this subject has been at the heart of a growing row between London and the European Court of Human Rights in Strasbourg. The outcome will reshape, for good or ill, this country’s relationship with the rest of the European legal community. At its heart is a clash of cultures between the UK - whose relatively peaceful, democratic history gives it confidence in of the European Court’s ruling] “A defendant’s right to a fair In Law would result in the domestic court guaranteed by article 6 of the applying principles that were clearly European Convention on Human established by the Strasbourg 10 Rights would not be violated where court. But on rare occasions the his conviction was based solely or domestic court had concerns as to a decisive extent on the statement to whether the Strasbourg court’s of an absent witness, provided decision sufficiently appreciated or that the provisions of the Criminal accommodated particular aspects of Justice Act 2003 were observed. the domestic process.” His Lordship said that normally that requirement [to take account

its traditional approach to fair - and circumstances really be seen to be the score or so of nations who have been done?“ subject to Nazi or Soviet tyranny and whose systems need to Unanimous View be secured by an assiduous adherence to transparency. Well, the Fourth Chamber of the “We’ve entered Big Bang territory,” says European Court of Human Rights Robert McPeake, Principal Lecturer in thought not - as was made clear by the Law at The City Law School. “It could case of Al-Khawaja and Tahery v United lead to a real crisis between the UK and Kingdom in which the Court ruled the the rest of Europe. The UK feels that it defendant’s right to a fair trial under has a long and established record and article 6.1 and 6.3(d) of the European knows how to operate fair trials so it Convention on Human Rights had does not take kindly to being treated by been violated through the admission of the European Court as if it were some evidence derived in this way. kind of rogue state.” So how was this to be resolved? In short, it hasn’t been. Indeed, as the Too fearful to attend Regina v Horncastle and Another case court? at the end of 2009 demonstrated, the battle lines have hardened significantly The story goes back, explains McPeake, between London and Strasbourg. In an to the 2003 Criminal Justice Act, unanimous by the Supreme which, following historical precedent, Court, delivered by Lord Phillips, it was allowed evidence to be given by ‘absent made clear that the UK Supreme Court witnesses’ in very specific circumstances. did not accept the Strasbourg view. It “These would be, typically, if the witness had taken account of what the European was too fearful to attend court, absent Court had said, which, of course, it was from the country and unable to return, obliged to do, but it clearly did not agree too unwell to attend or, in some cases, with it. even dead,” he explains. This was how The Times newspaper The evidence in these situations would reported it on December 10, 2009: have been derived, for example, from might be added, by the way the UK had earlier statements to the , which “A defendant’s right to a fair trial compounded its position in a separate would then be read out in court or from guaranteed by article 6 of the European but very high-profile case by allowing witness evidence in a previous trial. Convention on Human Rights would witnesses to appear anonymously. Or it might even come in the form of not be violated where his conviction Neither absent nor anonymous witnesses video recordings from a bed-ridden and was based solely or to a decisive could be effectively cross-questioned, severely incapacitated witness. extent on the statement of an absent claimed the critics. The Supreme Court witness, provided that the provisions argued this did not matter - well, not very The principle behind this was that it of the Criminal Justice Act 2003 were much anyway. better served the cause of justice, observed. in these unusual cases, to have the So had UK put itself entirely outside the evidence even in this non-standard form. His Lordship said that normally that pale of decent, law-abiding states? However, in order to ensure that this requirement [to take account of the evidence did not have a disproportionate European Court’s ruling] would result in Bad Europeans? impact on the case, a so-called ‘safety the domestic court applying principles valve’ clause was introduced. This meant that were clearly established by the Actually, the answer varies according that disputed evidence would only be Strasbourg court. But on rare occasions to where you look. In fact, even the admitted provided that it was, in the view the domestic court had concerns as Strasbourg court in the so-called ‘Luca of the judge, ‘in the interest of justice’. to whether the Strasbourg court’s vs Italy’ case had endorsed the use of decision sufficiently appreciated or evidence from absent witnesses but only “Of course, the problem with this accommodated particular aspects of the where this is not the ‘sole and decisive’ evidence,” comments McPeake, “is that domestic process.” evidence in a case. it could not be tested out by cross- questioning its source, the absent That was a pretty comprehensive rebuff, But the UK goes far beyond that by witness, in court. Could justice in these says McPeake - made more acute, it allowing absent witness evidence even if it is crucial, provided that it is in the interest of justice. In Law Yet we are not alone in adopting this position, points out McPeake. If you 11 look at , Canada or New Zealand then similar principles apply. Unfortunately, of course, none of these countries is actually within the purview of the European Court of Human Rights! So the question to be asked is whether the UK is serious about complying with European norms – or whether it wants to float off into a post-colonial club of legally like-minded countries. The latter view was given some strength when the Supreme Court asked Lord Mance to provide an analysis of the jurisprudence within the European Court and whether it stood up. The Mance report, given as an Appendix to the judgment given by Lord Phillips in the Horncastle case, was devastating in its attack on Europe and powerful in its defence of the UK system. “In effect, Lord Mance was saying these European judges don’t understand our system, that there is no precedent to stand against us and, indeed, that their own jurisprudence is contradictory,” explains McPeake. So, where are we now?

All eyes are on Strasbourg to see which way it will jump next. The UK Government’s requested reference of the al-Khawaja case to the Grand Chamber was accepted and the various arguments were heard in May 2010. So, at the time of writing, what we are waiting for is the judgment itself. It is all pretty nail-biting stuff. The way out of outright conflicts, suggests McPeake, would be for the UK ÒWeÔve entered Big Bang territory. simply to amend its existing legislation It could lead to a real crisis by adopting the ‘sole and decisive ‘ test between the UK and the rest of (i.e. to admit absent witness testimony Europe. The UK feels that it has a evidence so long as it was not sole and decisive) and then we could turn long and established record and ourselves into good Europeans. knows how to operate fair trials The question is whether, at root, we really so it does not take kindly to being want to? treated by the European Court as The Supreme Court’s stated view is that if it were some kind of rogue state.Ó it would seem irrational and perverse to exclude some evidence because it was very important while admitting other evidence because it was inconsequential. Where was the sense in that? The City Law School’s McPeake, however, remains unconvinced. “There is a danger,” he says, ”that the UK position implies that judges know best and can proceed purely based on their own assessment of likely guilt or innocence. I find that quite scary!” Should we all? “In the increasingly competitive environment students face today, they In Law CourseFocus: realise that they can gain an edge 12 through mooting. As a result, we are seeing a noticeable rise in the number Benefits of the LLB? No longer coming forward to take part. As well as a way of building their confidence and a moot point presentational skills it is also a means to start networking and make contacts – not least because many of the judges in the moots are well-established figures in the legal world.”

Mooting Schedule

In addition to the first year mandatory moot, there are regular practice moots throughout the year plus optional internal mooting competitions in both the second and third years (with the finals being judged by a real working judge, straight off the ). In March 2011, Lord Mance, Justice of the UK Supreme Court, judged the School’s in-house moot for GDL students. Undergraduate students on the City LLB There is also growing involvement in get a chance to stand up and spread external moots including the Crown Office competition which, as it their wings happens, Claire de Than was responsible for initiating and which is now sponsored Law remains one of the most popular exercise enables us to do that. And for by Chambers. degree choices across the UK. But what those who find that they don’t enjoy it exactly is it for? there is the advantage that they can then Other high-profile national moots in begin to think about other careers in the which City takes part – often with With law graduates going off in a variety law – and indeed outside it.” great success - include the Weekly of career directions – both within the Law Reports, English Speaking Union/ legal profession and outside it - it is Essex Court and Oxford University Terrified and Elated! increasingly important for students to Press competitions. And, in a recent develop a range of skills and spread their Although the mooting in the first term is departure, two of the School’s third year wings beyond the purely academic. mandatory, de Than stresses that it is LLB students - Lea Christiaansen and not designed as an examination of the Michael Polak - represented City in the That is why the City LLB course provides students’ dramatic ability or even a major finals of the National Client Interviewing a range of extra-curricula opportunities test of their presentational skills. Instead, Competition last year, where they beat both in its extensive pro bono activity and the emphasis is on their ability to think a number of teams from Legal Practice in a strong commitment to mooting. through the issues and be able to present Courses along the way. a reasoned argument in a coherent way. “We get people involved in mooting as “If they put in the work then they will But the mooting is not restricted solely to soon as they arrive at the University and pass,” she explains. “It is mostly a matter Britain. The City Law School takes part they must have taken part successfully of careful and thorough preparation rather in the International Arbitration Moot in in a moot by the end of the first term,” than confidence in public speaking.” Vienna and the Price International Media explains Claire de Than, a member of Law Moot. Yet the greatest successes faculty who has strongly encouraged While most students admit to being of all came in having represented the UK mooting opportunities. terrified initially, they are also elated once in the Commonwealth Moot where the they have completed it successfully. “If School was the runner-up to Canada (a The early introduction of mooting may they really don’t enjoy it then they never particularly significant achievement given sound rather like throwing the students in have to moot again,” she continues. “In at the deep end but, as de Than points reality, however, many of them quickly that the moot was on Canadian law!) and out, it is an important acid test for those acquire a taste for the moot and go on to in winning the World Trade International who fancy themselves as . do a lot more.” mooting competition in Geneva

“Most people who start the LLB initially Indeed, the power of the mooting skills Getting a law degree will give you want to become lawyers and probably of City students has become one of a smart start to your career. But see themselves as barristers,” she says, the outstanding features of the LLB increasingly you need the right Claire. “So it’s important to test out that programme. It is now undertaken on accessories to accompany it to cut a ambition and establish whether they a regular basis by a large number of dash in the graduate stakes. Fortunately, really enjoy advocacy or not. The mooting students and to a very high standard. at City, they are there for the taking. CityExpert: In Law 13 Professor Peter Kunzlik

Assemble an academic, a barrister, a , an expert on government commerce – especially green procurement issues – and an environmental campaigner ‘for the legitimate classes’ and what have you got?

Answer: Professor Peter Kunzlik, The City Law School’s own unique man of many parts. No wonder he is known as a trusted sage in many government departments...

For four years from Spring 2005, work on a new book on competition great iconic issues of our day – the Professor Peter Kunzlik was a big law and its place within the World Trade environment and how to protect it. presence around The City Law School Organisation’s framework. As a radical thinker about the law, and, indeed, City University London Kunzlik has been directly involved in in general. As Dean of the Law ‘Antitrust in the Global Era’ will be a number of the defining issues in the School and Pro Vice-Chancellor of a 120,000-word monograph to be environmental field. This stems from the the University, he played a central role published by Oxford University Press enormous variety of his career. Starting in the key decisions that affected the this year. It may not quite challenge out as an academic at Cambridge School’s development. Inevitably, it John Grisham in the legal thriller University, he qualified and practised was management and organisational stakes but it will certainly make a key as a barrister in the chambers of Sir issues that invariably took up most of contribution to the serious analysis of David Calcutt QC before switching to his time. But, as with most academic one of the most contentious issues in the role of solicitor in Brussels, where managers, there was a conflict with his world trade. he was to become the senior partner first love - his research and teaching – in legacy firm Hammond Suddards’ and, in particular, with his interests in Varied Career office. And it was there that he became government commerce, competition critically involved in the famous – some and . For Peter the legal philosopher, as might say notorious – Twyford Down opposed to the academic manager, campaign to thwart the extension of the So when he ceased to be Dean and this fascination with issues of economic M3 motorway by building a cutting – or went off on a well-earned sabbatical, goes back a very long way. What’s “tearing a ghastly scar”, as Peter puts it gave him the opportunity to extend his more, he has made the connection – through some of central Hampshire’s already formidable publication list with between it and one of the other most beautiful countryside.

Making “Twenty years on, the full story In 1990, the anti-motorway has yet to emerge but it has all the campaigners had their backs to the wall. Mr Justice McCullough had just makings of a legal thriller that Kunzlik ruled there had been no misapplication of the European Environmental Directive is still to write – top-level political in the way the Government had pushed machinations, espionage, national through the decision to drive the M3 across a site of special scientific interest security intervention and abuse of just outside of Winchester. police power.” It was at this, rather desperate, point in the story that Kunzlik became involved. – running separately from, but parallel In 1998, he was asked to contribute Seasoned campaigner Barbara Bryant to a ‘direct action’ protest by other an article on green procurement to In Law explains in ‘Twyford Down – Roads, campaigners - could not save Twyford the inaugural ‘Procurement – Global 14 Campaigning and Environmental Down itself, it did have the effect of Revolution’ conference of that year law’, her detailed account of the changing the UK’s approach to the – the first in a series of symposiums long-running saga: ”Our solicitors, environmental impacts of infrastructure that were soon to become recognised Hammond Suddards, had opened an projects in a way that would last for as globally important in this field. office in Brussels in the skilled hands of twenty years. The result was that Thus began nearly a decade for Peter Peter Kunzlik. Peter held the view that other environmentally-damaging road of writing on green procurement, there were issues at stake in M3 which schemes (with which it was associated advocating a liberal approach to would be of interest to the European in ‘Peter’s complaint’ to the EC) were, green purchasing and critiquing Commission (EC) and that a complaint in fact, quietly dropped. the Commission’s more restrictive to the EEC would be a thoroughly guidelines. He was vindicated when, worthwhile exercise.” Quickly realising The Government, meanwhile, in a number of important cases, the they were embarking upon what would undertook a major rethink about its European Court itself rejected the be a protracted and complex exercise, whole approach to the issue. And, Commission’s key arguments. Even the campaigners decided to leave “the as a postscript to the case, when more so when, in 2004, the European final production of the complaint to Peter was visiting the Department Procurement Directives were amended the Commission in Kunzlik’s capable of Transport some years later to explicitly to acknowledge what had hands.” discuss the environmental aspects of been the case all along. The law did, Government procurement, he was in fact, permit a wide range of green The case became a cause of paid an unexpected compliment by procurement approaches. enormous and prolonged political a senior official : “Oh, yes, Twyford controversy and tension on both sides Down,” said the civil servant. “Of Peter’s role in the debate had, in the of the Channel. But what Peter Kunzlik course, we wouldn’t do it like that meantime, been recognised by his had done – in his characteristic way nowadays.” appointment as an expert consultant – was to have the courage to ask a on the subject by the OECD, which fundamental question about a legal Putting the environment on published – and re-published - some principle that had previously been the map of his ongoing work. Ten years overlooked or ignored. He believed that on, for Peter the argument is now a complaint to the EC (on the grounds Following Twyford Down, Peter closed. His self-proclaimed heresy of that the UK Government had failed to was in big demand as regards the a decade ago is today’s orthodoxy. implement the European Directive on environmental aspects of major The problem now is not whether Environmental Impact Assessment) projects and was something of a Government can pursue environmental had genuine merit and was an issue legal guru to many of those involved objectives in procurement, but rather that needed to be resolved. He also in what became known as ‘The the development and adoption of the realised, as did his clients, that the second battle of Newbury’, another necessary techniques. legal aspect would be a keystone in controversial road project. By then, a broader, and often risky, political he had returned to full-time academia Nonetheless, his work continues to campaign to save Twyford Down. and was looking at the thorny issue be influential in unexpected ways. In of ‘green procurement’. Until that the summer of 2010, whilst chairing In the end, though, the Government point, received opinion dictated that the ‘sustainability’ element of the Sixth got its own way and the motorway European procurement law did not ‘Global Revolution Conference’ (hosted cutting went ahead, irreparably permit significant account to be taken by the Universities of Nottingham and damaging what had been one of the of all of the environmental impacts of Copenhagen), he was button-holed by most protected environmental and Government purchasing. Peter thought a distinguished Swiss judge. The judge historic sites in the country. Twenty otherwise but, as he puts it, “I was a – who had been tasked with drafting years on, the full story has yet to heretic at this point”. Switzerland’s own procurement emerge but it has all the makings of legislation - told him when officials a legal thriller that Kunzlik is still to His argument was simple. European had objected that green procurement write – top-level political machinations, legislation already allowed significant was not allowed under international espionage, national security scope for government purchasers to regimes, he had simply shown them intervention and abuse of police favour environmental factors in the Peter’s original OECD Report. ‘Green power – as well as the more prosaic procurement process. But internal purchasing’ is now widely permitted but equally interesting impact of the market officials at the Commission under the new Swiss law. Twyford Down affair on the drafting disagreed. The problem, he said, of an important part of the Maastricht was that European trade officials Officially Speaking Treaty. had “ideological blinkers on”. These were not shared by many of the It is no wonder, then, that Peter has Nonetheless, the whole sequence of Commission’s own environmental been described as a trusted sage events had been given prominence officials so there was deep division in some corridors of power. His through the European Complaint within the EC itself about the issue experience has, however, produced and the EC’s consequent threat to – indeed, there was, as Peter puts some characteristically forthright views intervene had certainly got people it, “institutional schizophrenia” in on the way big pan-governmental thinking. Although the legal campaign Brussels. bodies operate, including that officials - especially trade officials - too often get stuck in their own professional silo and allow their thinking to be limited by its In Law associated dogma – sometimes to the 15 extent of advocating policies and legal interpretations that are wholly out of balance with the spirit of the age.

Hence, when Peter was told by officials that various forms of green purchasing were not permitted by the European Directives, he always used to demand: “Show me where in the legislation it says that” and, of course, they never could. And there was a further question that tended to make them even more uncomfortable: “Do you really think that Europe can tell Scandinavian electorates - well-known for their environmental values - that their Governments cannot choose to purchase sustainably harvested timber over tropical hardwoods torn from the Amazon?” An answer seldom came!

What direction will Peter’s work take now? He says that the best thing about being freed up from management is that he has been able to get back to teaching the subjects he loves to the wonderful students on the School’s LLM in International . Given his enthusiasm and expertise, it is not surprising that when he pitched his subjects – the Law of Government Commerce, World Trade Law and Antitrust in a Global Context - during the LLM introductory sessions at the start of the year, students chose all three.

Meanwhile, his research interests are becoming, if anything, ever more important to the policy-maker. As he puts it: “Energy procurement is fundamental to some of the most important challenges that Europe faces in this generation, namely climate change and energy security.”

But there are other issues, too, which fire up his combative spirit. The demand for ‘British Jobs for British Workers’, the Government’s desire to save money by more effective procurement and the implications of section 155 of the Equality Act 2010 (which empowers Government to require purchasers to use procurement decisions to promote a wide range of equalities) all give rise to important legal questions. To each of these he will, no doubt, turn his considerable mind in the years ahead. In Law 16 NEWS

City Law School students triumph over rivals in national business competition

A team of undergraduate students from The Think! Challenge is aimed at The City Law School have won top prize undergraduates from any year group in a major business competition staged and any discipline and is designed to by one of the world’s largest law firms. help students to develop their skills in a range of vital areas including teamwork, The six-strong group of second-year communication and commercial LLB students saw off stiff competition awareness. from the likes of Imperial College, Exeter University, second-placed LSE and Other teams taking part in this Durham University to secure Allen & year’s contest included UCL, King’s Overy’s Think! Business Challenge in the College London and the Universities Grand Final earlier this year. of Edinburgh, York, Southampton, Manchester, Birmingham and The City team – which comprised Nottingham, which finished third. James Batten, Verity Coutts, Piers Henderson, Nikki Nenadich, Clare Commenting on the success, Senior Norrish and Kate Nutter – were required Lecturer Claire de Than said: “We are all to step squarely into the shoes of a delighted with the team’s victory and are commercial by scrutinising and sure it will lead to further success for all amending a against the clock the participants.” for a hypothetical company takeover. She added: “Their achievement further The group then presented their work to underlines the calibre and ability of a senior Allen & Overy partner before undergraduate students on the LLB claiming victory and its prize, an open course and is testament to the quality day visit in any of the City firm’s various and depth of teaching they receive here departments. at The City Law School.” In Law 17

City Law School Life: Getting down and dirty with pro bono

The opportunity for all students, including undergraduates, to undertake pro bono work is one of the perks of studying at The City Law School.

n recent times, pro bono work has The City Law School. And, for many, this aspect of City Law School life. But become a major badge of honour it opens the doors to a lifetime’s he is also very clear about the benefits Iin many of the world’s largest commitment to working on behalf for students. law firms. The Law Society and of those who cannot act or speak the Bar Council both give it hearty effectively for themselves. “First, I think pro bono work illustrates encouragement and its profile is that lawyers can actually do some likely to become even higher as state Evidence of the importance of pro good in society and that they are not support for legal advice is increasingly bono work at City comes in the shape just this group of money-grabbing withdrawn. of Sarwan Singh, who divides his fixers,” he says. “But, in addition, time between teaching and his role pro bono work introduces students, But you don’t have to wait until you are as Director of Pro Bono activity. As probably for the first time, to real cases in a training contract to start seeing a former practising barrister, Sarwan and real people with real problems. life on the other side of the tracks. The has wide experience of working pro While most formal legal education fight for justice can start for student bono in the Southall and Greenwich consists of teaching and mock trials, lawyers while they are on either the Law Centres and he now brings a you tend not to see the human face academic or professional courses at passionate campaigning approach to of what the law is about. Pro bono enables you to do that by dealing directly with real clients with genuine In Law issues who need practical solutions.” 18 He adds: “Moreover, put bluntly, this has to be advantageous for students in terms of building a CV at a time when competition for jobs both inside and outside the legal profession has never been greater.”

A Range of Opportunities

For many years now, The City Law School has run several advice clinics. The first operates onsite during the day and is supervised by City staff. Meanwhile, two evening clinics, which are supervised by lawyers from City firms Lewis Silkin and , focus on employment law and general advice respectively. In addition, the Blackfriars Advice Clinic is also serviced by City students throughout the year while undergraduates on the LL.B programme have the opportunity to work in the Golden Lane Legal Advice Clinic.

Because pro bono work deals with serious matters, all students participating in the programme are trained by qualified lawyers and their work is then supervised in detail by experienced professionals.

“From my perspective, this experience is an integral part of the study of law,” says Sarwan. “It’s not mandatory – it is all voluntary activity – but, in the same way that you cannot become a medical doctor by simply studying Gray’s Anatomy, I think that you cannot have a rounded legal education without this kind of experience.”

The importance attached to pro bono work within the School is reflected in the way that it is given credit through the Bar Professional Training Course (BPTC) assessment process. Both the Free Representation Unit (FRU) and the National Centre for Domestic Violence (NCDV) work can be taken by students as an option subject on the BPTC in the third term. Last year, over 100 students trained as NCDV volunteers here - a record number at any law school in the UK.

“What this illustrates is that you can do very effective pro bono work at very low cost,” says Sarwan. “We have a real partnership with the NCDV, which itself has Home Office funding, meaning that this can all be done without very much expenditure.” Partnership Approach and there is no attempt whatsoever to influence their policies or strategic

Looking ahead, Sarwan says that aims. “The limit of our involvement In Law forming partnerships is now a key part is a close pro bono relationship with 19 of the way forward for pro bono at City. them through our students and their activities,” he explains. Two initiatives stand out. The first is the London Innocence Project (LIP), The same might be said of the final which emerged from a set of criminal major strand of pro bono work, which chambers that undertook a substantial takes the form of providing support for amount of pro bono work on the side. the Student Union Support Services City students were involved in this but within the University itself. “We advise it grew to the point where the project students on their rights in disciplinary needed more space than the chambers hearings and in cases where they have could provide - so City stepped in with complaints against lecturers,” explains an offer of accommodation. Sarwan. About ten students are now involved in this each term, giving up There is now an exclusivity agreement four hours a week to advise their fellow with LIP so that only City students students. Interestingly, both journalism can work there. However, as well as and psychology students are also law students, there are also student involved in providing this valuable journalists from the University involved service.” – “Journalists are very good at interviewing,” points out Sarwan – and International Horizons it does produce results. “If it turns out there has been a miscarriage of justice Given the strength of the pro bono then they can approach the Criminal commitment at City, it is no surprise Case Review Commission and draft that they are now looking beyond the grounds of appeal,” explains Sarwan. confines of the City of London and its environs. In fact, the horizons now The second major partnership is with stretch across continents. the Environmental Law Foundation (ELF), a very well-established voluntary “For the past two years, we have had organisation that is active across a a couple of students going down to range of issues from climate change to South Africa to work in an advice clinic planning appeals and whose Advisory in Cape Town,” explains Sarwan. Board reads like a roll-call of the good “They educate themselves in basic civil and great – Michael Beloff QC, Lord rights in South Africa and work there Brennam, George Monbiot to name but in a street law context for a month in a few. the summer.” “We had been working with them for Following a visit by Sarwan to South a number of years and, again, the opportunity arose for us to offer them Africa last year, however, the scope accommodation within the University,” for activity is about to expand with explains Sarwan. “In some ways, it placements now found for as many as was a matter of optimising our office four students in Cape Town. There is space.” also the opportunity to work with well- known campaigning lawyer Richard The ELF operates though a mix Spoor who takes cases against mining of full-time lawyers and pro bono companies – particularly concerning workers and The City Law School has personal injury – to courts around the an exclusive relationship. This gives world, especially New York. And finally, students here a chance to work on the a women’s legal centre in the country ELF’s advice line and become directly has agreed to take one undergraduate involved in specific cases. “It’s rather for a summer placement in educational like doing pro bono in a law centre but work. working exclusively on environmental issues. Last year, ELF took six City But does all the pro bono activity students for a three-month summer offered by City students go far towards internship with students working two the unmet need in society for legal days a week in the organisation’s advice? The hard truth is, says central London offices.” Sarwan, that no matter how hard he and his students may work it remains Although the links with both just a drop in the ocean. There is no organisations are warm, Sarwan question about its value – but that stresses that the two bodies remain merely goes to highlight how much entirely independent of the University greater is the need. In Law 20 NEWS

The City Law School expands pro bono opportunities for students with Liberty and the Supreme Court

The City Law School has teamed up students even greater opportunities to with leading human rights organisation hone the skills they learn here at The Liberty to launch an inaugural clinic for City Law School in important real-life students to hone their skills on real-life situations and train them in the area of cases. human rights law.”

The new service, which went live this Meanwhile, students from The City year, will enable aspiring solicitors Law School have teamed up with the and barristers on City’s Legal Practice Supreme Court to launch a volunteering Course (LPC) and Bar Professional project designed to encourage Training Course (BPTC) to provide disadvantaged young Londoners to advice to members of the public on a engage with the UK legal system. wide range of human rights queries. The project, named ‘Big Voice 2011’, The scheme has been organised by was launched at the Supreme Court and the School’s Pro Bono Director, Sarwan focuses on issues of legal identity and Singh, in conjunction with Liberty and access to justice. one of the School’s own BPTC students and will enable students to receive Over the course of this year, volunteers comprehensive legal training on this from City will deliver a series of crucial area of law. interactive workshops and sessions to pupils drawn from a variety of schools Commenting on the new clinic, Sarwan in under-resourced areas of the capital. Singh said: “We are delighted to have The youngsters will work with their joined forces with such a high-profile peers, conduct research and meet organisation as Liberty, which can well-known public figures from the legal undoubtedly offer invaluable experience profession and beyond. to our students.” At the end of the project, the He added: “This new arrangement participants will assist in the drafting of a underlines the calibre and depth of our formal paper for publication comparing pro bono programme and the esteem the legal systems in the UK and in post- in which it is held. It will also give our apartheid South Africa. In Law 21

FIRM FOCUS: FARRER & CO

If you are very bright, of casual passers-by. no international offices but assiduously highly personable cultivates relationships with some of the and quick on the In fact, 66 Lincolns Inn Fields is home best like-minded firms across the globe. uptake with literary to Farrer & Co, whose history stretches Its objective is clear - to attract the very references then you back over three hundred years. It is a pillar best legal talent and to be in the top tier might just qualify to – albeit famously discreet – of the legal across a range of areas and sectors, take a peek behind the establishment (not least because it was including, for example, private client, door of London’s most where the of the Bank of England landed estates, charities and commercial civilised was sealed in 1694). property as well as the cultural, media and sporting arenas (see box). But this is Lincoln’s Inn Fields is one of central But pillars these days cannot afford, a firm that will always do things in its own London’s largest and supremely so to speak, to stand still. The London way and with its own inimitable style. elegant public spaces. Adjacent to the legal world is extraordinarily dynamic, great barristers’ enclave of Lincolns Inn, responding relentlessly to the helter- As a result, unlike the larger firms based it is bordered by a raft of institutional skelter of both threats and opportunities. in the City, Farrers’ profile is based on buildings including the fabulous Sir No serious law firm, however unique and high-profile and often quite unusual cases John Soane’s Museum. And standing tall, distinguished its clients, can afford to rest and transactions. Its client list is packed proud and with sublime grandeur in the on its laurels. northwest corner is a building with full of the great and the good of both Sir Christopher Wren’s signature all over Dynamic individuals and organisations. As James it and fronted by a double staircase. It Furber, the jovial and highly individualistic has no external brass plaque, or, at least, And so, although Farrers operates senior partner, points out, the firm has no not one that is vulgar or obvious, but according to its own traditions and interest in doing repetitive volume work. simply the number 66 inscribed above time-honoured values, it is, nonetheless, Commoditisation is not a term ever used the portal. The occupants are not minded urgently focused on the need to be by Farrers’ partners other, perhaps, than to give much away to the idle curiosity dynamic and forward-thinking. It has with distaste. Instead, every case and every client friendly working relationships. There is That sense of a positive future emerging - whether private, institutional or none of the obsessive workaholism that from a proud past is central to an In Law commercial - is regarded as an individual. characterises – sometimes lethally – the understanding of Farrers. As James 22 With no ‘off-the-shelf’ solutions, when monolithic law factories of the City. Furber puts it, quoting T.S.Eliot in Burnt a legal challenge comes through the Instead, the notion of ‘quality of life’ Norton, “Time present and Time past/ door, it is given the full application of runs alongside ‘quality of work’. “I know Are both perhaps present in time future/ Farrers’ intellectual fire power. Indeed, that a lot of firms claim to be collegiate And time future contained in time past.” many of the firm’s commercial clients but I really think this is both true and There aren’t too many Senior Partners are highly-successful entrepreneurs who of enormous importance for us here,” who routinely drop poetry quotations value the sense of being treated, says explains Furber. into interviews in order to illustrate their Farrers’, as ‘a name and not a number’. business models – but in doing so Furber The emphasis is on acting as the trusted Evidence for this is apparent in a variety sends out a strong signal about the adviser, implying a close and enduring of ways. Most important, perhaps, very character of his firm. relationship, rather than a one-off few people who join Farrers’ leave it to transactional approach. pursue a better offer elsewhere. As a RECRUITING result, most of the firm’s partners have TRAINEES According to Furber: “We punch well risen through the ranks, having started When it comes to recruiting trainees, above our weight in terms of our there as trainees. This creates a high Farrers is currently basking in the glory size.” This firm does not rely on scale level of mutual loyalty and, during the of its award for “Best Recruiter” in but on individual talent and personal financial turbulence of the past couple the Medium City Firm category in the relationships to make its impact. of years, James Furber has resolutely LawCareers.net Training and Recruitment fought against letting anyone go. Civilised Awards (otherwise known as the “The strategy was to make no ‘TARAs’) for 2010. The consequence of this, however, is that the firm does not have the gigantic cash- redundancies, keep on all our trainees to As a medium-sized City firm, trainee cow profits gurgling into partners’ bank ensure that training contracts proceeded numbers are, as you might expect, accounts as do some of its nearest rivals. on time and take any opportunities to relatively small with a target of just ten a In fact, Farrers is not even near breaking hire,” says Furber in his recent annual year and typically up to 900 applicants into the UK’s top ten law firms in terms of report. “I am proud of the firm whose chasing after those coveted spots. financial scope. partners are simply intent on ensuring that the firm is together as a cohesive Just to get to the threshold of being By contrast, however, the atmosphere operating unit in readiness for the considered you will need to have a in the firm is very civilised with genuinely upturn.” near-perfect academic record with a

ÒThe London legal world is extraordinarily dynamic, responding relentlessly to the helter- skelter of both threats and opportunities. No serious law firm, however unique and distinguished its clients, can afford to rest on its laurels.Ó string of A’s from school or college and group exercise to assess teamwork and mentoring, feedback and discussion – be heading for a First or Upper Second- communication skills’ and a short written much of it in complete confidence. class degree at University. exercise. In Law The training process itself is based 23 But, of course, there are large numbers Those who make a good impression around the firm’s somewhat unusual of candidates who meet those criteria during the open day are then invited to ‘six seat’ programme with each lasting so what the firm also seeks is breadth take part in a vacation course for which four months and including a review of character and a high level of personal there are 30 places available each year. session halfway through. In addition to skills, a range of achievements beyond An allowance of £275 per week is also broadening trainees’ understanding and the classroom and strong business paid. building their skills, the aim of this six seat awareness. As Furber points out: “We approach is to ensure the right choice are recruiting people who we hope will be These schemes last for two weeks and of specialisation is made. In particular, with the firm for the rest of their working include doing real legal work under close lives. They are the future of the firm. So supervision. In effect, this amounts to we need to get rounded characters who an extended interview. Those who do we can put in front of clients and who well are fast-tracked through to the final will also be good at working as part of a selection stage. team within the firm.” FARRERS’ AREAS The second route is directly from an Two routes online application process, which opens OF EXPERTISE each November. Every form is personally There are two routes by which reviewed and scored against established > Art & Heritage candidates can be weighed against criteria so, as the firm advises, it is these criteria. important to “complete the sections > Banking with sufficient detail for us to appreciate The first is via one of the three vacation fully the nature and significance of your > Brand Management courses held each year (two in the interests, accomplishments and work > Charity & Community Summer and one at Easter). Selection experience.” for a vacation course follows attendance > Commercial Property at an open day in early March. Only The final selection stage commences 100 places are available so securing with first interviews, conducted in late > Corporate an invitation to attend represents the August and early September by a first hurdle. The open day includes member of the trainee recruitment team. > Disputes & Media what is described as a ‘light-hearted Successful interviewees are then invited to a second, more detailed interview > Employment held with two partners. This interview > Entrepreneurs and Families aims to test out the applicant’s level in Business of commercial awareness, their ability to hold an argument and their general > Estates & Private Property knowledge of current affairs. There is also a written exercise to examine the ability > Family to absorb and analyse information and express an opinion in a coherent way. > Film finance

But the firm never forgets that it has > Financial Services thrived on close working relationships > Higher Education between its lawyers and its clients. “Our goal is to find a group of people who > will be able to work together,” explains Furber. Unsurprisingly, perhaps, 90% of > International Private Wealth those offered traineeships with the firm accept them – a very high hit rate. > Landed Estates CAREER > Media & Entertainment DEVELOPMENT > Museums & Galleries On arrival at the firm, each trainee is > Private Banking allocated to a ‘Principal’ whose role is, in effect, to keep an eye on them and > Private Client provide some pastoral care, although they may not necessarily work for their > Private Principal at any stage. > Professional Practices The benefit of this system is that as the trainees progress they have an > Schools anchor relationship with one specific > Sports partner tasked to look after them. In fact, Farrer’s emphasises that > Tax throughout the traineeship there are plenty of opportunities for coaching and In Law 24

one of the fundamental issues that the is made then the relationship changes and people management, risk management traineeship must address is whether the the individual becomes part of the team and personal qualities. It is all very individual is better suited to contentious and embarks on the climb up the firm’s transparent and the aim is that people or non-contentious work. “Sometimes career development framework. This is should succeed rather than fail. people need a bit of extra guidance over built squarely on a competency model this,” points out Furber. “Contentious work and aims to steer the young solicitor to a Of course, the ultimate accolade – being requires certain kinds of characteristics partnership some eight or so years down Senior Partner at Farrer & Co - gives and it does not suit everyone.” the track. access to a most amazing array of people on the global stage as well as a host of Retention levels post-training are very This ‘Stairway to Heaven’ is highly cases and causes that regularly make high and the final seat is normally in the structured and the firm has a very major headlines. As James Furber knows department in which the newly qualified sophisticated way of checking progress from personal experience, it makes even solicitor will specialise. Once that transition against criteria such as leadership and the twitch with envy.

WHAT THE FIRM SAYS ABOUT ITSELF FARRER & CO KEY FACTS IN NUMBERS “Farrer & Co is a leading law firm with a distinguished reputation FOR TRAINEES built up over many years, based > Normally 10 trainees are recruited each year. on the good will of numerous close client relationships, > Among most recent applicants, 47% have law degrees and 53% non-law. outstanding expertise in specialist > The gender balance varies but is normally around 50:50 male/female. sectors and a careful attention to personal service and quality.” > In the most recent recruitment round, one of the ten trainees was from an ethnic minority. A pretty clear statement of intent! > Roughly speaking, half the successful applicants come via the vacation For more go to www.farrer.co.uk course programme. > The total number of lawyers in the firm is 78 partners and 139 other fee earners (including the 20 trainees). In Law 25 CityPeople: Professor Philippa Watson, Visiting Professor in European Law Profile Green light for the fast train to Brussels

Professor Philippa Watson is the “That is why if you are involved law,” she explains. “They organise staff very model of a modern international in European law it is still critically seminars that I enjoy very much and lawyer. Qualified as an important to see people informally I find it very stimulating being able to in both London and Dublin, she on the Brussels circuit,” she says. discuss ongoing EU issues within that divides her time between home in “Because I’m based in Brussels, it forum.” Brussels and work with Essex Court gives me a familiarity and contact with Chambers in Lincoln’s Inn. And, of the European Union that I wouldn’t One of the features that Professor course, she is also a professor with have if I was in London all the time. It’s Watson particularly values about her The City Law School. a process of osmosis - you just absorb work with the School is that it is part the environment and the information. of a broad-based institution offering How does she cram it all in? both academic and professional It’s very helpful because it enables you programmes. “Well, it is not as bad as it sounds to advise your clients with the latest now that the high-speed rail link insights.” “It’s important and valuable that City has been extended to London St. is a fully-fledged law faculty,” she Pancras. I can actually get from Fully-fledged faculty says. “The mix of the teaching staff, Brussels to London in an hour both academic and vocational, along and fifty minutes. It’s the easiest The City Law School is now a major with undergraduates, Masters and commute in the world.” beneficiary from being able to tap research students breeds a very fertile into Professor Watson’s exceptional environment. But I would stress, in Add to that Professor Watson’s expertise and range of experience. particular, the benefits of having the enviable ability to work efficiently She has been involved with the School Ph.Ds involved. Thinking and ideas on the train plus the full panoply of since 2006, initially as a Visiting are the lifeblood of a higher education email and internet access and you Professor and now since July as a institution and it is very important that start to understand why she can part-time Professor, which enables we should be supporting that process be so effective on the hoof with her her to give more dedicated time in an at both a national and an international impressive portfolio of clients and integrated way to the School. As well level.” academic commitments. as teaching on the LLM programme, she also supervises Ph.D candidates “The mix of the teaching Yet, as she herself admits, the odd and enjoys contributing to the overall staff along with thing is that despite the impact of intellectual life of the Faculty. undergrads, Masters technology you cannot wipe out the enormous power of direct human “What I find particularly useful is a and research students contact and having one’s finger on specialist group within the Faculty breeds a very fertile the pulse of policy makers’ thinking. which focuses on developments in EU environment.” In Law International perspective 26 Philippa Watson grew up in Dublin. She was deeply interested in law from an early age and was convinced that she wanted to become an academic.

Her parents, however, wisely insisted that she also qualify as a barrister - a useful status to have as it would be recognised on both sides of the Irish work, agriculture, economic and oral hearing in which you have the Sea. So in addition to a law degree social issues and her clients are opportunity to answer questions from from Trinity College, Dublin, Philippa drawn primarily from governments, the court and respond to what your also gained her Bar qualifications NGOs, large multinationals and even opponent has said. And when I say before crossing over to Cambridge to some individuals who need to set short, I really mean short - it’s thirty do an LLM and latterly her Ph.D. up structures and processes in line minutes or sometimes even shorter, with European law. She has also just fifteen minutes. That’s why your As matters turned out, she soon acted as an expert witness for the written advocacy has to be very met her future husband whom she EC Commission on a number of skilled. Moreover, anything you are married and, before she knew it, occasions. asked in the court you have to answer found herself en route to Brussels straightaway. It’s not like being in where he had gained a job in the “For example, I advise regularly on London where you can say that you’ll European Commission. international social security issues, go away, find the answer and get back primarily for organisations and to them tomorrow. In Luxembourg, At that point, the thought occurred businesses that have staff who may there is no tomorrow.” of qualifying as a Belgian advocate be based in more than one country. but the prospect of starting all over A special regime has been set up for Fortunately, though, there is a again and doing undergraduate those who are likely to move around ‘tomorrow’ at The City Law School, work confounded even Professor Europe with their jobs. They, their which will now happily benefit from the Watson. So instead she undertook a employers and governments need fruits of those experiences. wide range of work including being answers on where these people a Visiting Professor at the highly- should be insured and from which regarded and historic University system benefits can be claimed. It can of Leuven and also working, as become very complicated especially a referendaire, for the European with increasingly innovative ways of What does Professor Court of Justice in Luxembourg working and constant changes in Philippa Watson before being appointed to a post in welfare systems. If you are not careful, bring to The City Law the Competition Directorate of the people can be penalised for exercising School? European Commission. their rights to the free movement of labour and cross border services.” > An enormous range of “My years spent working within experience and practice in European law including regular the Community Institutions I found Tomorrow? appearances before the extremely valuable,” she explains. European Court of Justice as “However, I decided I didn’t want Much of Professor Watson’s work well as in the courts of London to spend the rest of my life entirely now consists of written advice and and Dublin. within the Community Institutions advocacy although she does appear and, having small children, I also regularly before the European Court of > Deep insights into the wanted some degree of flexibility in Justice, the General Court and special practical working of European the organisation of my professional tribunals as well as the Irish courts and Union institutions with which she has had long and intense life so I went into private practice, in London. contact. initially in Brussels, as a barrister.” “Each court has its own protocols and > The benefits of many years Thereafter, Professor Watson ways of proceeding,” she explains. of research and writing on developed her career within “Luxembourg, in particular, is very leading legal issues both from the fields of European law and different from the way you would a professional and academic competition practice. Her range act in London. It is primarily written perspective. today is wide, covering regulatory advocacy and there is only a short The University for business and the professionals

Legal Translation MA

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City University London’s new MA in • study while you work – you will be Legal Translation builds on the Centre taught in a flexible format combining for Translation Studies’ long-running intensive workshops with distance short courses in legal terminology learning for translators. • decide your own progression – take It also recognises the increasing individual modules for continuing demand for specialist translators professional development or the full in the legal arena. two-year course leading to an MA

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See www.city.ac.uk/translation for further information about the Legal Translation MA, as well as other short courses in translation for commercial, corporate and contract law Email: [email protected] • Tel: +44 (0)20 7040 8266 CLS_Young_Lawyer.qxd:Layout 1 2/2/10 10:41 Page 1

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The City Law School is one of London’s major law schools offering Conversion courses: a range of academic and professional courses. We are the first law > Graduate Diploma in Law school in London to educate students and practitioners at all stages > Graduate Entry LLB of legal education. Professional courses: With three levels of study: undergraduate, postgraduate, and > Bar Professional Training Course professional we offer courses for every step of your legal education. > We also offer an extensive range of flexible continuing professional > LLM in Professional Legal Skills development courses to meet the ongoing needs of the profession. > LLM in Professional Legal Practice

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