The Circuiteer News from the South Eastern Circuit Issue 39 | Autumn 2014 INSIDE THE CIRCUITEER… The most Leader’s outstanding Column by course… Sarah Forshaw QC 2 is the week-long Let’s Kill All the Lawyers advanced advocacy by course held every Alison Padfield 9 year at Keble Annual Dinner 2010 College, Oxford... by Heather Oliver 10 Lord Walker An Appreciation House of Lords, 10 July 2014 of Keble Director, HHJ Bartle QC by Oscar del Fabbro 12 Florida Crime: Facing the Music by Fallon Alexis 14 Bar Mess Reports 20 Haddon-Cave J, Timothy Dutton QC, HHJ Bartle QC & HHJ Goose QC Editorial Committee: Ali Naseem Bajwa QC (Editor), Fiona Jackson, Tanya Robinson, Tetteh Turkson and Emily Verity The Circuiteer A NOTE FROM THE EDITOR BY ALI NASEEM BAJWA QC In his final Note from the Editor American actor. No matter. Now that a British before passing over the reins to me barrister is a must-have accessory for A-list in 2008, David Wurtzel said this: “My celebrities, I have no doubt that we’ll soon successor… is, I can say, keen (essential) and snap up exclusive image rights to a similar has a track record of producing a publication event. which is more than I had.” The truth is that I’m not especially good at saying “no.” In my Having been Editor for 6 years now, it defence, a master of persuasion, David occurred to me that I had served the sort of Spens, was doing the asking. sentence usually reserved for an offence with a mid-level of seriousness which has caused David handed over a publication in the best a significant amount of harm. A year ago, of health, including a superb editorial team the current Leader denied my application for of Fiona Jackson, Tanya Robinson, Tetteh parole. It is time for a new Editor, someone Turkson and Emily Verity. On his last cover, fresher and bubbling with ideas and energy. there was a photograph of Sheilagh Davis with HM The Queen and another of Jeremy I cannot leave my post without thanking all Dein about to hit someone with a frying pan. of those named above and acknowledging Ali Naseem Bajwa QC I could never match that. the enormous debt of gratitude to many other people. It did however confirm one thing: The Circuiteer is nothing without its photographs. The SEC Administrator, Natasha White- Our readership wanted photographs and Foy, and her predecessor, Inge Bonner, … with our place in the photographs they should have. My main gave me all the support I could possibly market as a legal Hello! changes were to shorten the publication need. Treasurer Oscar del Fabbro ensured somewhat, add more photographs and go that I need never lose sleep over money. magazine confirmed, I was to full colour throughout. The hope was that The designer and publisher, Sam Sullivan disappointed not to be this would encourage people to glance at it, of Sparkloop, put up without a whisper then to dip into it and, before they knew it, of complaint with my unerringly late granted a media pass to the read it in full. submissions coupled with demands to have it printed yesterday. And, of course, my recent wedding of one of So it was that, with Lord Bingham gracing thanks to all our contributors, without whom our Circuiteers to a certain its cover, I published my first issue of the there would be nothing to print. Tetteh American actor. new-look Circuiteer in summer 2009. It deserves a special mention for his regular, was not the best of starts; it was meant to mouth watering, restaurant reviews. be the spring issue… A snazzy new-look SEC website followed shortly thereafter, The Circuiteer has now been continuously accompanied by Fiona Jackson’s brilliant published for 20 years. I am proud to have slogan, “Your Circuit, Your Voice.” made even a modest contribution to it and the SEC. It has been a privilege to work with the three Leaders I have served under. Photographs I wish my successor, “keen” or otherwise, lay at the heart of my relationship with every success. them, which I used variously to tease them. Ali Naseem Bajwa QC A certain non-Scottish tartan dominated a number of the early issues. Nick Hilliard encouraged me to don the ‘green eyeshade’ and sniff out a scoop. Most recently, The Forshaw Years brought a touch of Hollywood glamour to our pages. On the subject of Hollywood, with our place in the market as a legal Hello! magazine confirmed, I was disappointed not to be granted a media pass to the recent wedding of one of our Circuiteers to a certain Front cover of The Circuiteer in 2008 2 News from the South Eastern Circuit LEADER’S COLUMN BY SARAH FORSHAW QC In August I ventured up to Keble Bartle QC, who hands over the running reins College, Oxford, to see for myself this year to HHJ Julian Goose QC. the Circuit’s Advanced International Advocacy Course. Just a month earlier, in the This year my own Chambers paid for a junior House of Lords, when speaking about the tenant to attend. The quality of the future Bar Bar’s work in advocacy training, Lord Walker is worth investing in. had said the following: “The most I dedicate so much of this, my last column as outstanding course, of which at least my Leader, to Keble because it seems to me that legal colleagues will be well aware, is the it captures the essence of the Bar. A sense week-long advanced advocacy course held of pride in the quality of the Bar’s advocacy; every year at Keble College, Oxford, which a willingness to sacrifice time and to work goes on to more advanced matters, without payment in order to hone it; access including appellate advocacy, and the to the very best in training and education important topics of handling vulnerable and a sense of camaraderie that sits easily witnesses and expert witnesses.” Keble did hand in hand with the fierce competition not disappoint. between self-employed practitioners. Sarah Forshaw QC I watched the likes of HHJ Alistair McCreath and HHJ Deborah Taylor QC sitting in THE GLOOM judgement – this time on the advocates. A the summer of 2015; we should be looking jury was found from the streets of Oxford. My Keble visit was marred by one to persuade the Ministry of Justice that, The complainant materialized in the form conversation I had with a junior member unless there is an increase in fees, however of HHJ Patricia Lynch QC and the whole trial of the Bar. He told me that, of the young modest in the short term, the damage will be was video recorded, to be re-played in a one- hopefuls who had just completed the BPTC irreversible. to one session between experienced judge with him, the four brightest with the highest and trainee advocate, with excellent critique. marks had all decided that, although they I was there to observe but I would have would have wished to practise in crime, their A RAY OF HOPE found it an invaluable lesson after 27 years own modest backgrounds dictated that they I was pleased to see that the LCCSA and the at the Bar. I was told that the civil exercises simply could not afford to in the light of CLSA combined forces and challenged by were equally impressive. successive fee cuts to publicly funded work. way of judicial review the MOJ’s proposals The Keble Course was the brainchild of Tim If that is right, the future of the criminal for contracting in criminal litigation. The Dutton QC, past Leader. He should be feted bar can be predicted now: Only the less Law Society had previously chosen to for it – as should those who give up their free talented and/or the well-heeled will be work with the MOJ to ‘achieve the least time to teach and the splendid HHJ Phillip prosecuting and defending in our criminal bad result’ and had become party to the courts. Standards will drop. Miscarriages of development of the new Duty Provider Work justice, appeals and re-trials will cost dear contracts. That was unpopular. Some might I dedicate so much of this, in every way. The judiciary will be drawn say it demonstrated a level of pessimism, from that same pool of moneyed or less able labelled ‘pragmatism’, that failed to protect my last column as Leader, practitioners. The international reputation its members or the criminal justice system to Keble because it seems of our country’s justice system, previously generally. The Lord Chancellor had failed to so well regarded, will suffer, with all the disclose two independent expert reports for to me that it captures the consequences for commercial litigation and comment during the consultation process essence of the Bar. arbitration (and the country’s economy) that at the end of which he announced that have been predicted in a letter to the Lord under new arrangements there would be Chancellor by commercial colleagues facing just 525 contracts available for duty solicitor fierce competition from abroad. The strides work. There are currently about 1,600 firms that have been made towards true diversity undertaking that work. Burnett J held that within the legal profession will be reversed. the failure to disclose the reports was “so unfair as to result in illegality”. It was, in my So it is that I believe we should not simply view, deeply regrettable that the MOJ chose be pressing now for the removal of the to summarise the decision on social media cuts to publicly funded crime that had thus: “JR not wholly successful… Judgment been suspended for at least a year until raises some technical issues on consultation 3 The Circuiteer The opening of the legal year by High Sheriff of Buckinghamshire at Aylesbury.