A Norton R O Se Fu Lbright M Ag Azine Issue 10 a Norton Rose Fulbright
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Looking out not in A Norton Rose Fulbright magazine RE: RE: issue 10 WORK THE MAMMALIAN DIVE REFLEX A STROLL DOWN THE STREETS OF SYDNEY THE PHOTO ESSAY: AFRICA ON INSTAGRAM LIFE A Norton Rose Fulbright magazine magazine Fulbright A Norton Rose Issue 10 Issue ARE YOU FUTURE READY? WE ARE. The way the world does business is going to be transformed by the circular economy and the growth of sustainable cities. Are you ready for the future? We are. It’s a world of rapid urbanisation and technological advances. A ‘cradle to cradle’ approach to infrastructure. Smart Cities. Digitisation. Trillions of dollars of investment are needed. For investors and businesses, that brings opportunities and risks, all of which need to be planned for. That’s why we’re here. Law around the world nortonrosefulbright.com Contents WORK FEATURES 04 08 17 22 26 Contributors Stringers FREEDIVER FLÂNEUR @EVERYDAYAFRICA Cover Reports from A state of total calm David Cross The photo essay Afro on purple: Calgary, Durban silhouette of my 05 and London daughter. Accra, The Editor Ghana. Photo by Nana Kofi Acquah, 10 @everydayafrica. 06 The historian Letters to the Editor Obiter dictum 12 Way of life 07 Richard Calnan on jurisprudence LIFE 35 46 54 To do Wide angle Bookshelf Brazil Laura Shumiloff’s life in books 36 The guide 48 San Francisco What? 57 The person Tricia Hobson 39 50 Style Playlist A guide to beards Stuart Lennon 62 on jazz Back streets Warsaw 44 The kitchen table 52 The moving image 64 Ivan Maslarov Coda on movies RE: Work Contributors Hélène Bourque Chris Conatser Tom Jeffreys Dylan McKimmie Bhavisha Tomasz Rogalski The kitchen table Style What? Style Panchmatia Style Wide angle Patrick Bracher David Cross Adam Kozlowski Vicky Münzer Jones François-David Laura Shumiloff Obiter dictum Flâneur Style What? Paré Bookshelf Style Lesley Browning Simon Cudennec Stuart Lennon Natalia Mushinska Daniel Popek Nicole Wearne Stringers Style Playlist What? Style Way of life Richard Calnan Alexandra Howe Andy Liddell Louise Nelson David Ramos Kimberly Westberry On jurisprudence Coda The kitchen table Freediver Style The guide Aldo Chan Marek Jacina Matthew Longstaff Gareth Owens James Reid Style Stringers Style Style The kitchen table Ingeborg Alexander The person Peter DiCampo @everydayafrica Sébastien Clark Maksymilian Ivan Maslarov Sorrel Palmer Andrew Robinson Mark Newby The kitchen table Jarzabek The moving image The historian Stringers Way of life Style Back streets 04 : The Editor his is the tenth issue of Re:, a magazine for everyone in Norton Rose TFulbright around the world and for our friends, among them our clients and alumni. Australia fairly leaps out at us in this issue, from articles on parenting and social history to the idle pleasures of the flâneur, and a profile of one of its many strong women, Tricia Hobson. But so, too, does Africa. Perception is everything, and Peter DiCampo’s photo essay—@everydayafrica—shows again how powerful the image is and how much power social media wields, bringing about changes in point of view. Re: rejoices in new perspectives, and in this, our tenth issue, we have made a few changes. We now have a column devoted to movies, reports filed by global correspondents and more space for photographers. Some things don’t change. Style is ever present, and in this issue we look at men with beards (and ask why). Re: has in the last year won two industry awards, the latter for the quality of its design. Issue 11 will appear in May 2017. See you then. The Editor 05 RE: Work OBITER DICTUM LETTERS TO Latin, deconstructed THE EDITOR By Patrick Bracher I had a go at reading ‘Greek Chorus’ and I have just seen the whole magazine online. lex fori am afraid I could not get to the end of it. I My word, you do a beautiful job with it. It is a Law of the forum. The law of the court in did not find it captivating enough. I gave really lovely publication. which the action is heard. it to a colleague who has a Greek heritage: Anthony Tierney, Dublin he was disappointed that the richness and Four Courts Press lex loci sophistication of Greek culture does not come The heart of the lead: a photo essay, issue 9. The law of the place. The law where the act out in the article. I hope this helps you redeem We reached our fundraising target for the occurred. the Greeks in future. Special Olympics, thanks in part to the advert Patrick Bracher, Johannesburg lex non cogit ad impossibilia Greek chorus, issue 9. you ran for us in the magazine. Cheryl Lee, Singapore The law does not compel the impossible. It was with admiration that I read ‘The Mission Mount Rinjani, issue 9 (inside front As in failing to report an accident when Sporting Life’ and found out about Laura cover). unconscious. Shumiloff’s passion for polo. Thank you Re: posts advertisements for corporate for this column. I love sports: I am myself a responsibility initiatives in the firm by request, lis alibi pendens Marathon runner and was also a rider (I love as well as advertisements promoting selected The lawsuit is pending elsewhere. You cannot horses!) and I practise fencing. charities. Ed. sue for the same cause in two different courts at once. Nicole Trudel, Québec Great to see the publication rising to even The sporting life: three women who know the greater heights—many congratulations on meaning of endurance, issue 9. making it award-winning. lis sub judice I am a lawyer and an endurance athlete. I am Ken-Hui Khoo (alumni) A lawsuit before a judge. Often used as grounds for ‘no comment’. planning to compete in my first Ironman race Director, Legal & Regulatory at the end of this year. Ironman and endurance Temasek International Pte Ltd, Singapore sport is a time-consuming exercise which In February, Re: was awarded ‘Best print locus classicus requires sacrifices. Having a career as a lawyer magazine’ in the UK (CIPR #Inside Story, 2016) A classic place or source. It refers to the is also a demanding pursuit—so trying to and in July we were shortlisted for best design leading authority on a point. (IoIC). See below for what the IoIC judges had to combine the two can be challenging and can say. Ed. And stop press: we won the award. feel at times foolish. However, both fulfil me in locus standi very different ways: I couldn’t be happy doing “The content is thoughtful and well written, Legal standing. The right to be heard from a one without the other. I believe I am a better with a diverse range of topics – many of which court in a particular place. lawyer because I train for triathlon and a better are surprising for such an organization. It has a triathlete because I have a job that challenges brave and refreshing editorial approach.” magna carta me mentally. I strongly believe that life is about Judges’ feedback, IoIC 2016 awards (UK) The great charter of liberty and political rights balance, so it is particularly encouraging to of 1215, much written about in 2015. read about women in our firm who have forged successful careers whilst continuing to pursue mala fide their passion for endurance sport. In bad faith. Done fraudulently or dishonestly. Lauren Boxsell, Perth Contact the Editor The sporting life: three women who know the mala grammatica non vitiat chartam meaning of endurance, issue 9. [email protected] The Editor, Re: Bad grammar does not invalidate a Miriam, I LOVE your article in Re:. Totally Norton Rose Fulbright contract—but it may substantially change the wonderful and inspirational in every way. 3 More London Riverside rights of the parties. I’m just waiting for my children to grow a bit London SE1 2AQ more and then we can do the same! And, as UK mandamus a postscript—your piece gave me the prod I We command. Usually a court order obliging needed to get out of my child-induced holiday Looking ahead the respondent to do something. paralysis. I am taking my children on a three- Let me know your ideas for future issues. We are planning a feature article on depression. If day hike to some remote villages in Laos. PB is a director with Norton Rose Fulbright in Lily McMyn, Singapore you feel you have something to contribute to Johannesburg. The guide: on two wheels, by Miriam Davies that, please get in touch. Ed. (London), issue 9. 06 : Richard Calnan RICHARD CALNAN ON JURISPRUDENCE ord Mansfield was the Chief Justice of the Court of King’s Bench in Westminster Hall in London for 32 years, from 1756 until he retired at the age of 83 in 1788. He was described at the end of his career as ‘the Lfounder of the commercial law of this country’. The common law is created by judges deciding cases. what he described as ‘the niceties of law’. But he It is established incrementally, case by case. This recognised that reliance on natural justice and gives it the flexibility to adapt to meet changing equity can create uncertainty and that ‘nothing is circumstances. But the danger is that—rather like more mischievous than uncertainty in mercantile history—it can become a series of isolated incidents: law’. He therefore saw commercial law as having ‘one damn thing after another’. two objectives—convenience and certainty. In the second half of the eighteenth century, In some areas, Lord Mansfield had a clean there was an explosion of commercial activity both slate on which to write his conception of what in England and internationally.