FACU LT Y February 2020 The newsletter of the Faculty of Advocates l news www.advocates.org.uk

A Supreme appointment

Lord Fairley New Senators

The ceremony had its lighter moments for Lord Reed, right, and Lord Kerr are sworn in AS one member of Faculty reached the HE Faculty has been flushed with pride achieved the career he has enjoyed. Following pinnacle of a judicial career, two others to see “one of our own” become President Baroness Hale is a daunting task, but we are have started out as Senators. T of the UK Supreme Court. confident Lord Reed will prove to be the perfect fit. Douglas Fairley, QC, and Anna Lord Reed of Allermuir is the first Scot “The Faculty was pleased to welcome Lord Poole, QC, were sworn in with the titles to head the Court, and a special dinner to Reed and his colleagues when the Supreme Lord Fairley and Lady Poole. celebrate his historic appointment was held Court sat in Edinburgh a couple of years back, They were welcomed to the Bench in Parliament House. and we would very much hope that he will be able by Lord Carloway, the Lord President, Lord Reed said: “I am deeply honoured that to return ‘home’ as President of the Court.” who had praise for both as lawyers, the Dean and the Faculty chose to mark my The Faculty was also proud to see another and as legal authors. appointment by holding such a splendid event. of its members, Lord Hodge, named as the new Lord Carloway told Lord Fairley: Jane and I could not have received a warmer Deputy President of the Court. “With such all-round skills, I am welcome from members of Faculty, or been Lord Reed studied at the universities of confident that you will be a significant looked after better by the Faculty staff. Edinburgh and Oxford, and was a member asset to both the Court of Session and the “The friendship which binds members of of the Bar of England & Wales as well as the High Court of Justiciary. Since you are Faculty together was evident throughout the Scottish Bar. He was elevated to the Bench a co-author of that indispensable work evening, and especially in the speeches made in Scotland in 1998 and served until 2012 when Contempt of Court, we can be assured by the Dean and Lord Hodge. It was wonderful he was appointed to the Supreme Court. that you have all the skills necessary for to see so many old friends again. I look forward At the ceremony to be sworn in as President both of our supreme courts.” to seeing many more members of Faculty in of the Court, Lord Kerr described Lord Reed Lady Poole had a particular expertise the Supreme Court.” as someone universally liked and admired by in administrative law, and Lord Carloway In the summer of 2017, Lord Reed, then colleagues, and regarded widely as a jurist said: “I am confident that you will prove to “merely” a Justice, returned to Scotland when of the first rank.“In his time in the Supreme be a major asset to the Bench, especially the Supreme Court went on circuit for the Court, Robert…has delivered judgments of in the expanding field of judicial first time and sat in Edinburgh. Might there quite superlative quality, particularly in the field review. I have no hesitation, therefore, be another return, this time with Lord Reed of common law and human rights, and these in advertising your presiding? It was a possibility raised by the judgments, if they are not already described as forthcoming co-authored Dean of Faculty, Gordon Jackson, QC. such, will certainly be recognised as seminal in book on the subject.” Mr Jackson said: “While the Faculty is the generations to come,” said Lord Kerr. In the coming immensely proud that one of our own has He added that a host of Lord Reed’s friends, months, the Faculty’s Sean attained the most senior judicial position in many from the Faculty, were at the ceremony. Smith, QC, and Sheriff the UK, Lord Reed’s appointment is an honour “I know that they rejoice, as do we, Robert’s Robert Weir, QC, will which can be celebrated by the entire Scottish colleagues, in this richly-deserved appointment, join the Bench, legal profession and the country. and look forward with eagerness to the imparting along with “Back in 1983, when Robert Reed joined the of yet further wisdom, the inspiration of innovative Sheriff Peter Braid. Scottish Bar, he stood out as a very special legal thinking, and the development of forward-looking Lady Poole talent, and only someone of such ability could have jurisprudence under Robert’s stewardship.”

one Lord Kinclaven, seated, passes New chapter beckons the baton to Lord Mulholland Awards success for talented trio for ‘amazing’ MiniTrials CONGRATULATIONS to Aidan O’Neill, QC, on making it a Silk of INITRIALS have moved into a new era working together,” said Lord Kinclaven. the Year hat-trick in The Herald Law after Lord Kinclaven, the initiative’s “I like to think that MiniTrials are inclusive Awards of Scotland 2019, following Mfounder and linchpin for 17 years, and accessible to all, and inspirational and successes in 2017 and 2018. stepped aside. aspirational. It has been a real privilege to have Wendy Hay, Secretary and CPD In 2001, Sandy Wylie, QC, as he then was, been associated with them for so long.” Co-ordinator of the Scottish Criminal saw a suggestion that more should be done to Kim Schofield, a Senior Depute in the Crown Bar Association, was named Advocate promote legal education in schools, and came Office’s High Court Sexual Offences Unit, of the Year. up with the idea of mock trials where pupils is a member of the steering group. As a fourth Mr O’Neill was also chosen as played all the parts. year student at Trinity Academy, she took part Silk of the Year in the Scottish Bar With help from the Faculty, the first in the first MiniTrial. section of The Legal 500 UK Awards MiniTrial was staged in 2002 and in the years “It gave me an incredible insight into the 2020, while Laura-Anne van der since, thousands of youngsters have learned world of law and an opportunity to see what Westhuizen took the Junior of the Lorraine with the rat catcher application about the justice system AND had great fun. a future in the profession would involve. It was Year title and the award for Stable of Now, Lord Kinclaven, who was awarded an the most worthwhile, inspiring experience of the Year went to Axiom Advocates. OBE in 2017 for his MiniTrial work, has passed my school education,” said Kim. Laura-Anne van der Westhuizen, Lifting the lid on the baton – quite literally – to a steering “Having been a participant, Wendy Hay, and Aidan O’Neill, QC group headed by Lord Mulholland. He brought I became a supporter and have a special “MiniTrials baton” to a handover attended many schools over the years on our history ceremony as a parting gift. to provide guidance to pupils. I am ARCHIVIST Lorraine McLoughlin has “The key to the success of MiniTrials responsible for the organisation of been making some fascinating discoveries has been so many enthusiastic people – in the annual event at Edinburgh Sheriff as she opens the box on the Faculty. education authorities, in schools, in the legal Court. I love it, and I am forever Opens 436 boxes that is, some profession and in courts. There is a great sense grateful to Sandy for creating such scattered around the Faculty’s home in of goodwill, a sense of community and everyone an amazing programme.” Kim Schofield Picture credit: Phoebe Grigor Parliament House but the vast majority in storage in a warehouse in East Lothian. Lorraine, on secondment from Edinburgh University, is checking the A credible and contents and advising what should be Tribute is a work of art Is Santa’s trial acquittal a Claus for concern? reliable witness? kept or can be discarded. WORK has started on a portrait have been able to arrange this Lady Dorrian said: “I am coffers of a charity were given a tidy boost. She has unearthed some gems, such of Lady Dorrian, which the very exciting commission. Grace delighted and proud that the Santa with chief witness, Santa, who had a touch of Gordon Jackson, Twinkle Toes as letters written by the Dean, James Faculty has commissioned to is an incredibly talented young Faculty have done me this QC, across the eyes, was accused of drink- Gordon McIntyre, QC (Lord Sorn) each honour her achievement of artist, and we look forward to honour, and I am very excited sleighing, housebreaking and breaching the Elf Christmas from 1939-44 to members becoming Lord Justice Clerk. the unveiling of her tribute to that they have chosen Grace, and Safety Act over his treatment of workers. away on active duty, bringing them up A talented, young artist, the achievements of our first whose talent is obvious from As in true panto tradition, there was

to date with the Faculty’s year. Also, a Grace Payne-Kumar, was female Lord Justice Clerk.” the awards she has won, to Picture credit: Victoria Young a villain – Roddy Dunlop, QC, leading the 19th Century letter of application for the chosen for the work and it Hong Kong-born Grace paint the portrait. persecution, with help from devils Chris Miller post of rat catcher. And original letters is hoped that the portrait will is an English student at “The Faculty was keen to and Nicholas McAndrew. Picture credit: Victoria Young and drawings by the Scottish sculptor, be hanging in Parliament Hall Edinburgh University who promote the work of a young, Their star witness was Twinkle Toes, aka participated, for making the night such a Sir John Steell. by the summer. spent two years honing her talented artist working in devil Antonia Welsh, the brains behind the event. success and for helping to raise over £2,300 “Many boxes contain information that Roddy Dunlop, QC, artistic talent at Charles Cecil Scotland, and showing such The dreams of children around the world for the Edinburgh Children’s Hospital Charity.” won’t be useful long-term, but there are Treasurer of Faculty, Studios in Florence before talent at the age of 20, Grace depended on the defence team – Donald With the proceeds of sales of the Faculty’s also many archives which give a wonderful said: “Faculty coming to Scotland. She obviously fills the bill.” IT wasn’t the first time the Laigh Hall had Findlay, QC, and devils Cameron Smith and Christmas cards and a donation from the insight into daily life at the Faculty over are delighted to won a commendation Grace said she was been used as a court, but the Old Lady has Adam Black – keeping Santa out of jail. It Faculty, the sum was rounded up to £3,000. the last two centuries,” said Lorraine. in the Young Fine Artist “thrilled” to have been chosen. never seen anything quite like Santa on Trial. all came good in the end with acquittals for • The Faculty repeated its Christmas “For example, artistic and section of the Scottish She added: “Lady Dorrian The International Christmas Court was Santa, albeit on majority verdicts (mutterings Collection, organised by Maria Maguire, QC, literary works created by members Artist Portrait Awards 2019, and has agreed to sit for me so I convened at the instigation of this year’s of “There’s always one” could be heard in for the family support charity, Home-Start and subject in the 19th Century, scrapbooks – Grace with her entry was voted the can paint her from life. This devils and the Scottish Young Lawyers’ the audience). Glenrothes. Two van loads of presents and of news items outlining Faculty Lady Dorrian most popular in is central to my practice as Association for a demonstration of advocacy The trial received rave reviews on social treats meant festive cheer for vulnerable life during war time, and the exhibition the flow of light is the most skills, but much more importantly for a huge media, and Antonia Welsh said: “I think it families, and £5,760 in cash will be used records which give excellent by members of important element in visually serving of festive fun. was the most enjoyable CPD event I have throughout the year to help families in urgent detail regarding the the Scottish describing the figure. At the end of the evening, television and ever been to. The feedback from those who need and to pay for days out in the summer. provenance of some of Arts Club. “This is also an exciting theatre producers were wishing that they attended was fantastic. • The Faculty Choir again raised a the Advocates Library’s She has been achievement as my grandma’s had something half as entertaining for the “I am truly grateful to my fellow devil substantial amount for Edinburgh City incomparable described as family are from Dunbartonshire Xmas season, and a new comedy double act Chris Miller for all his efforts in helping me Mission’s work with the homeless at its collections.” “a formidable so are especially proud of this – Findlay and Jackson – was born. And the pull the event together. My thanks to all who Christmas carol concert. talent”. commission!”

two three Winners Robert Hovey and Neale Tosh with, from left, Lady Carmichael, Fiona Jones and Mark Mulholland, QC

SCBA President Ronnie Renucci, QC Spotlight on Picture credit: Phoebe Grigor court change THE Scottish Criminal Bar Association made sure members Devils’ Prize delight were ready for a major change in DEVILS Robert Hovey and Neale Tosh emerged as launched by his family and the Faculty. court procedure – the pre-recording winners of a moot competition to claim the second Robert Hovey said: “I am delighted to have won of evidence by witnesses under Lord Jones Excellence in Advocacy Prize. this year’s Prize. The competition was challenging 18 in certain High Court cases. Talks at the event were given by “home” but provided an excellent opportunity to put into Evidence will be taken before a QCs Kenneth Campbell and John Sturrock, as practice the skills taught on the Faculty’s training Commissioner, at a newly-opened, well as by Mark Mulholland, QC, former Chair courses. The high standard of training available purpose-built suite in Glasgow, with of the Bar of Northern Ireland, and current is thanks to the contributions of Lord Jones.” the witness open to questioning by Vice-Chair of the Hong Kong-based International Neale Tosh added: “It was a real privilege both the prosecution and the defence. Advocacy Training Council and external assessor to take part in a competition which recognises It is planned to open similar suites in for the Faculty’s quality assurance programme. the significant contribution that Lord Jones made Edinburgh, Inverness and Aberdeen. Mike Jones, QC, was a pioneer of the to training within the Faculty. The case we were The SCBA put the spotlight on Faculty’s training programme, established in asked to argue was both topical and challenging the reform at its winter conference, the 1990s. He died in 2016 and a prize in his and it made for an interesting discussion before and will hold dedicated events memory for excellence in advocacy was Lady Carmichael.” throughout the year. “We are determined to ensure we are best placed to meet the demands of taking evidence in a Annual lecture in tribute to Roy Martin way which gives full regard to the THE outstanding contribution Carloway, the Lord President. Faculty’s planning group. We vulnerable status of the witness while to planning law by the late Roy Maurice O’Carroll, intend to hold a lecture around still representing and protecting the Martin, QC, is to be marked by Advocate and Vice Chairman of Christmas time each year on interests of the accused. While this an annual lecture in his name. SPLGEBG, chaired proceedings a planning theme, in his name can often be a fine balancing act, Mr Martin, the former Dean and said: “Roy Martin was an and in his memory.” requiring both skill and judgment, of Faculty, was the first Chairman eminent figure in planning law Details of the first lecture we do not regard these tasks as of a planning law group within and a driving force behind the will be announced in due course. mutually exclusive,” said Ronnie the Faculty which he founded in Renucci, QC, SCBA President. 1990 with Gordon Steele, QC, and Gordon Steele, QC, Maurice “With the assistance of Neil Colin Boyd, QC (as he was then). O’Carroll and Lord Carloway Mackenzie QC, the Faculty’s Director at the SPLGEBG event Plans for the Roy Martin of Training, the SCBA has already Memorial Lecture were embarked on a number of training announced at an event by workshops, and we are planning a the Scottish Planning, Local rolling programme of workshops Government and Environmental throughout the year. I have been Law Bar Group (SPLGEBG) delighted to see that all of the which examined delays in the workshops on offer so far have planning system. and heard talks been greatly oversubscribed.” from Gordon Steele and Lord

emerged from the appointment of Senior given the opportunity to relaunch ourselves Faculty welcomes Clerk, Kiera Johnston, after the departure as a contemporary stable with a new direction of Susan Hastie who had clocked up more going into 2020 and beyond.” Themis Advocates than 25 years’ service. Themis was an ancient Greek Titaness, THE New Year brought a new name to the list Kiera, who has two depute clerks, known as “the lady of good counsel” who of the Faculty’s stables – Themis Advocates. Sara Mauriello and Liz Archibald, said: offered balanced and Formerly Hastie Stable, Themis Advocates “The clerking team are very excited to be pragmatic advice.

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