The Middle Templar

The Honourable Society of the Issue 53 Michaelmas 2013 Middle Temple Officers 2013

Treasurer Christopher Symons QC

Deputy Treasurer The Rt Hon the Lord Judge

Deputy Treasurer Elect Stephen Hockman QC

Lent Reader Professor Graham Zellick CBE QC

Autumn Reader The Hon Mrs Justice Parker

Director of Middle Temple Advocacy Derek Wood CBE QC

Master of the Archive Michael Ashe QC

Master of Debating David Reade QC

Masters of the Garden Stephen Lloyd Esq The Hon Mrs Justice Parker

Master of the House Ian Mayes QC

Master of Moots Richard Wilmot-Smith QC

Master of Music The Rt Hon Sir Stanley Burnton

Master of Revels His Honour Peter Cowell

Master of the Silver The Hon Mr Justice Ian Burnett

The Honourable Society of the Middle Temple Ashley Building, Middle Temple Lane Temple, EC4Y 9BT Treasury Office 020 7427 4800 [email protected] ©2013 The Honourable Society of the Middle Temple. All rights reserved. The Middle Temple asserts its moral rights in the contents of this magazine. www.middletemple.org.uk Designed by Mike Pearmaine Farewell to Catherine Quinn

In November 2010 Catherine Quinn applied to join us as our Under Treasurer. In her letter of application she told us that in her previous roles she had brought about ‘dramatic service improvements’. She described her to our head-hunters as ‘strategic, with a clear intent and transformational rather than dictatorial’. When we interviewed Catherine, all involved agreed that she was the right person for the job. We were right! She joined us in May 2011. In less than a year a draft paper on the governance of the Inn was in consultation. Within the same time frame the Temple Women’s Forum was launched, with the first formal session taking place in March 2012. Lisa O’Daly was recruited to revolutionise our HR. Mark Taylor was recruited to do the same with our IT. All staff now have clear reporting lines and proper incentive schemes. Our directors have been empowered and now talk to each other and interact with our Under Treasurer. From next year the time spent by our staff servicing committees and writing minutes will be greatly reduced so that they will be able to devote more time to carrying out their numerous other duties. As part of the governance changes there will be greater transparency and more participation in our appointments so that everyone understands the process leading to the appointment of Treasurer and to other positions within the Inn. The role of Under Treasurer has been transformed and strategy and forward looking now occupies much of the time. Catherine’s vision has brought great benefits to us all and there is now a greater recognition that we need to look to our future. It is fair to say that all who had the pleasure of working with her have been truly impressed. Although Catherine was with us for a relatively short time as is apparent she has been long on achievement. In fact she achieved an incredible amount in a very short time. She has provided great support to our Parliament and the Executive Committee, leading the way as to matters which need attention, in preparing agendas, writing papers and being there. She has then finalised the minutes and provided the action needed to put the committee’s intentions into effect. But more than that Catherine has looked after three Treasurers. I do not presume to speak for my predecessors, but working with Catherine was both a privilege and a pleasure. She is a true professional, efficient without being bossy, full of good ideas without being dictatorial (as she promised), and she managed regularly to plant ideas into my head so that I believed, at least for a moment, that they were my ideas! Happily we are now in the good hands of Guy Perricone, but during my year I have been looked after in a way which has made my task as Treasurer very straight-forward. We shall miss Catherine but our loss is the Oxford Saïd Business School’s gain. She has gone there as Assistant Dean and Chief Operating Officer and we wish her every success.

Christopher Symons QC, Treasurer.

The Inn’s new Under Treasurer: Guy Perricone

After reading Modern Languages and at Cambridge, Guy trained as a with & Paines in London and before moving into investment banking and joining Salomon Brothers and then S.G. Warburg. With three partners, he then established a joint-venture investment-banking boutique, MeesPierson EurAmerica, specialising in the markets of Central and Eastern . After this business was acquired by ABN AMRO Bank NV, he was Global Head of Emerging Markets Corporate Finance at ABN AMRO from 1998 - 2005, based first in Prague, then in London. In 2004, Guy also assumed responsibility for managing the bank’s London-based M&A Advisory Group. In 2005, looking for a change of professional environment, Guy left investment banking to become Managing Director of the Institute of Contemporary Arts in London where, with the Artistic Director, he worked to set the overall strategic direction of the ICA. From 2009 – 2013 he was Chief Executive of the Associated Board of the Royal Schools of Music. At the ABRSM, Guy managed a staff of 160 at the London headquarters and a further team of over 1,200 examiners, representatives and volunteers in the UK and internationally. Earlier this year, Guy was appointed Treasurer and Chairman of the Christ’s Hospital School Foundation (a voluntary role). With his mix of non-profit sector and commercial backgrounds, he will bring a wonderful range of skills and experience to Middle Temple. Guy joined the Inn on 9 September 2013. Contents

1 Farewell and Welcome to our Under Treasurers 40 A Burst of Energy: Catherine Quinn and Guy Perricone The Lord Mayor of the

4 Treasurer’s Foreword 41 Lord Mayors and the Inn

6 The Royal Visit 42 Extradition: To Return or Not? Organ Rededication Service 44 Book Review 10 The Repristinated Organ Relocation: a Practical Guide

13 New Masters of the Bench 45 Academics’ Dinner

19 In Memoriam 46 Book Review Banker, Traitor, Scapegoat, Spy: 20 Dinner for Honorary The Troublesome Case of Sir Edgar Speyer

21 Voga Longa Venice 48 South Legal Conference September 2012 22 Bench Call of US Attorney General 50 The Valuable Work of CAFOD 24 Book Review: Child of Another Century 52 Book Review Free Country: selected lectures and talks 25 Deputy Treasurer Master Judge 53 Sir Sydney Kentridge’s 90th birthday 26 Valedictory for Lord Judge, Lord Chief Justice celebrations

28 Interview with the 54 A Confiscation Judge abroad

30 Lent Reading: 56 The Inns and the Bar Re-engineering Civil Justice 58 The Advocacy Training Council Report 34 JUSTICE: A Reminder and Invitation 60 Book Review A Higher Duty 36 Are Human Rights Selfish? 61 Temple Women’s Forum 38 A History of the Inn’s Honorary Benchers 62 Training for Middle Temple Advocacy 39 A Portrait of Sir John Cust: the original Honorary 64 Autumn Reader

6 21 39 54 114

66

66 The Duke and Duchess of Cambridge 93 MT Society in Hong Kong Scholarships 94 UK Supreme Court judicial assistants’ visit to 67 A Visit from our Royal Bencher Washington DC

68 Fox Scholar 96 The Official Launch of the Middle Temple Alumni Association 69 Scholars’ Dinner 98 Portrait of Sir Christopher Turnor 70 Scholarships and Prizes 2012-2013 100 The Edmund Plowden Trust celebrates 50 years 71 Book Review Islam and 101 The Library’s Ecclesiastical Collection

72 A Year in the Middle Temple Students’ 102 Duelling, Fencing, Arms and Armour Association 104 Saving the Past 74 Debating 105 Book Review 76 Moot News Everyone! Legal Research: a Practitioner’s Handbook

78 Marshalling 106 Sir John Major’s visit to the Library

79 Marshalling appeal 107 Gillian Kalitsi: an obituary

80 Acid Violence 108 Pencil to Keyboard: 40 years in the Law

82 Human Rights ’ Association 111 Garden News Judicial Review Competition 114 Six Beards and a Bird in Antarctica 83 MT Young 118 Staff News 84 Connecting with the Future 119 Farewell to James Vivian 85 Annual Dinner: Thoughts on the British Establishment 120 and

88 Revels: a Director’s Note 123 The Fleet Street Gatehouse

89 Legal Walk 125 What Dr Johnson knew

90 MT Dinner 127 Forthcoming events

92 Wales and Chester Circuit Dinner T REASURER’ S F OREWORD Foreword by Master Treasurer

here have probably been will be reduced, and the number of London or abroad and the lack of upwards of 450 previous committee meetings and Parliaments connection can be easily explained. TTreasurers of the Inn, all of will also decrease. This is partly a I made a most enjoyable trip to whom, so far as one can tell, have reflection of good governance and Cardiff earlier this year for a dinner done a perfectly acceptable job. partly recognition of the fact that we with the MT members of the Wales Starting off one’s year as Treasurer have an extremely competent and Chester Circuit and received therefore comes with a degree of professional staff to run the Inn. some much-needed education about pressure. The good news is that the While it is important that the what the Inn could be doing for them. staff at Middle Temple look after the Benchers make the policy decisions to One of the results of that evening was Treasurer so well that the prospect of take the Inn forward, the day-to-day a dinner for those on circuit, in Hall a complete disaster is much running of the Inn can safely be left on Friday, 29 November 2013 and I diminished. I cannot pay tribute in the hands of the staff, ably led by hope we shall repeat that each year. I enough to our staff who are the Directors Colin Davidson, Ian am also suggesting that each year the universally loyal, efficient and hard Garwood, Andrew Hopkin and two Readers, the Deputy Treasurer working. Their unstinting work for Christa Richmond. I am confident Elect, the Deputy Treasurer and the the Inn makes all the difference and that with Catherine’s successor, Guy Treasurer each visit one of the circuits we are truly lucky to have them. Perricone, and our Directors, the Inn so that we retain contact around the Catherine Quinn our very hard is in good hands. country. working and insightful Under I have tried during the year to I have made an effort to increase Treasurer, who sadly left us at the end reconnect different parts of the Inn so the number of hall members who of October, oversaw with the that we become a more inclusive come to All Inn Dining by suggesting expertise and close collaboration of place. We are all aware that between to Benchers that they invite a member Master Jenkins, a review of the being Called to the Bar and becoming of hall to come with them. I would governance of the Inn, which was a Bencher, only a very small number like more hall members to come and much needed. As a result from next of members of Middle Temple are interact with our students and year, the Standing Committees will much in evidence around the Inn. Benchers on these occasions. It is a have a strategic focus, decision- Add to that the fact that many good opportunity to have a mix of our making will be streamlined, the members of the Inn practise outside membership all sitting together. number of committees within the Inn

Sue and Christopher Symons

Christopher Symons QC practises at 3 Verulam Buildings specialising in insurance, reinsurance and professional negligence. He also sits as a deputy Judge, usually in the Administrative Court, and as an Arbitrator in domestic and international arbitrations. He is a director and Chairman of the audit committee, of the Bar Mutual Indemnity Fund Limited, the insurer for the Bar, and he is also the President of the Lloyd’s Appeal Tribunal. He works with the ’ charity and is on the Board of the Holborn Community Association and a Community governor of Primary School.

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I have particularly enjoyed meeting Benchers. Duke of Edinburgh attended a Service the students this year both in the Inn Most of you will be aware that of Rededication, which took place on and at York and Cumberland Lodge Temple Church now has a fully 7 May. It was a special occasion, on advocacy training weekends. It is refurbished organ thanks to with Temple Church overflowing with a pleasure to spend time with the restoration work carried out by those who had generously made young who seem to be universally Harrison and Harrison. This was donations. The event was enjoyed by cheerful, enthusiastic and optimistic. made possible by the extraordinary all, including our Royal guests. This is due in no small part to the efforts of Master Michael Blair at So with my year now nearly over excellence of the Advocacy Training Middle Temple and Master May at and most of the balls hopefully still in within the Inn. I am very grateful to Inner who managed to raise the the air, it merely remains for me to Master Derek Wood, Director of money to pay for this major say thank you for the opportunity to Middle Temple Advocacy, and to all refurbishment. The organ has been do this wonderful job, which I have the many members of the Inn who restored to its former glory and it was enjoyed, and continue to enjoy, give freely of their time to assist with only fitting that Her Majesty The immensely. the training of the students. The Queen and His Royal Highness The mooting competition, which is held every year always seems to produce an excellent standard and it must give considerable pleasure to the trainers to see some of the fruits of their work so publicly displayed in the semi- finals and finals. It is not just in relation to advocacy training that members of the Inn give up their time to further the interests of the Inn. We are very fortunate to have students and hall members who devote time to serve on their committees as well as numerous Benchers who assist in the running of the Inn. I would like to say a special word of thanks to those who chair our Bench committees who devote a considerable amount of time to ensure that we are making the right decisions to keep the Inn up to speed. Even with our new governance model it will be necessary to find busy practitioners and hard-pressed judges to do this work, and we are fortunate that we have those who are prepared to serve. We had a very successful Dinner for Honorary Benchers in February when 28 of our Honorary Benchers attended. Hall members, students and Benchers all sat together. It was a very good occasion with some wonderful music to go with it and I hope we shall repeat this in alternate years in the future. Judging from the feedback received, it was much enjoyed and was a good opportunity to benefit from the diverse backgrounds of our Honorary

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 5 ROYAL V ISIT

7th MAY 2013 Organ Rededication Service

Five years after their visit to celebrate the Quatercentenary of the Inns’ Letters Patent, Her Majesty The Queen and His Royal Highness The Duke of Edinburgh returned to the Temple Church and to the Inns to rededicate the newly and triumphantly refurbished Temple Church organ. All, and only, the 450 donors to the Organ Appeal, with their partners, were invited; they filled the Church and enjoyed a Choral Evensong whose beauty vindicated every day of the work lavished on the organ over the past three years. The choir sang the première of an anthem, Let my due feet never fail by Gabriel Jackson, commissioned for this service by the Temple Music Trust in memory of Master John Toulmin, Chairman of the Trust 2002-2012. The entire cost of the organ’s repristination has been covered by donations. The organ now sounds finer than it ever has in the Church before, and thanks to this work will do so for the next fifty years or more. Our donors have earned the heartfelt thanks of our own, our children’s and our grandchildren’s generations; and we ourselves owe thanks in turn to Her Majesty for being with us on such a special day.

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M ICHAELMAS 2013 THE M IDDLE T EMPLAR 9 ROYAL V ISIT The Repristinated Organ

Master Michael Blair writes: Alongside this note of appreciation of an English Romantic organ for s the article on pages six to is an interesting contribution (direct which Harrison & Harrison were nine of this edition of The from the organ loft, as it were). It famous. Thankfully, the Temple AMiddle Templar amply comes from the pen of James Vivian, organ survived the decades following records, Her Majesty The Queen and who was until recently the Director of World War II with few alterations; His Royal Highness the Duke of Music and Organist of the Temple other English Romantic instruments Edinburgh were present in the Temple Church and is now at St George’s, were less fortunate and had their tonal Church for the rededication of the Windsor. He has thus moved from characteristics changed to fit in with Organ after its three year overhaul. one centre of musical excellence in a the new organ-building influences The full congregation in the ‘Royal Peculiar’ to another. We are that pervaded this period. In the work Church then was exclusively very sorry to have lost him, but thank of 2011-13, the opportunity was taken composed of the generous donors to him warmly for his service to the to return some of the altered stops the Organ Fund, set up in early 2009 Temple over the last 17 years and back to their original designs and, in to raise the £750,000 needed for the wish him well in his new post. some cases, the wind pressures too. overhaul. Over 450 individual The result is an organ of tonal contributions were made, both large James Vivian writes: integrity. and small. The largest, indeed, was, The Temple Church organ is Four new stops were added to the with gift aid, over £40,000. All those sounding stunning after its recent Great Organ and these join five donors who could be readily eighteen-month restoration made existing ranks to create a secondary identified were invited to the Service possible through the generous chorus. With modern technology, this of Rededication, and over 350 donors contributions of many. Already, the chorus can be transferred to a were able to be there, many with their organ is receiving many accolades different manual (or keyboard) and spouses, partners or other relatives. from organists who have played it used in dialogue with the main, Around two-thirds of the amount since it was ‘unveiled’ on Easter Day. existing chorus of the Great Organ. contributed came from the Benchers The organ is also looking splendid The secondary chorus also offers of the two Inns in the Temple, with thanks to the regilding work carried some delicate effects: I am sure you magnificent generosity from almost out in the Easter vacation. will hear these bell-like combinations 300 Bencher donors. Other forms of The work was carried out by the during the Christmas period! gift such as an organ concert, a organ’s maker, Harrison & Harrison The Temple Church Organ is now lecture in the Church, salmon-fishing, Limited of Durham. It required one of the finest in London and is an claret and opera tickets offered for various teams of highly trained instrument worthy of a church famous auction, the Church Fete and craftsmen who lovingly restored the for its music. As Director of Music Christmas Fair, and a fundraising thousands of pipes, complicated and Organist, I would like to thank all cycle ride overnight all helped as mechanism and wind supply. The those in the Inns who contributed to well. organ was reinstalled in the church the organ financially or through other For all this, Sir Anthony May of last autumn and was ready for the efforts. In particular, the tireless work the , who co-chaired the final stage of work – the ‘voicing and of the Temple Church Organ Appeal Appeal Fund Committee over the four regulating’ of each of the organ’s Committee, which drove the years, and I are sincerely grateful. 3,828 pipes – which took place from restoration project forward. The principal person to thank, January to March 2013. The organ is a joy to play and however, is Master Penny Jonas. She The opportunity was taken to voice accompanies the choir with sensitivity worked tirelessly, charmingly and the organ to the Church’s acoustic and colour. It will, for decades to highly effectively for the cause over (the acoustics of its original come, play a pivotal role in the that entire period. Master Andrew surroundings in the ballroom of Glen Church’s liturgy in addition to the Spink and Under Treasurer Catherine Tanar House were very different) many other concerts and events Quinn also deserve our thanks for resulting in the organ singing hosted in the Church. It has already serving on the Committee along with beautifully into the Church. This started its new life with a flourish: Master Guy Beringer and the Sub- work, however, has not changed the not many organs are rededicated in Treasurer of the Inner Temple Patrick tonal characteristic of the instrument. the presence of Her Majesty the Maddams. It is still very much a classic example Queen!

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12 THE M IDDLE T EMPLAR M ICHAELMAS 2013 M ASTERS OF THE B ENCH CALLED BETWEEN S EPTEMBER 2012 AND J ULY 2013 New Masters of the Bench 2013

New Masters are Called to the Bench by Master Reader in a ceremony held in Hall attended by their guests, fellow Benchers, barristers and students. After dinner, each of the new Benchers is introduced by Master Treasurer and then gives a brief address which is usually a light-hearted autobiographical account revealing some amusing career anecdotes and highlighting his or her links with the Inn. Bench seniority is determined by date of for members of the Inn, and at the Treasurer’s discretion for Honorary Benchers. At each Inn event, the most recently Called Bencher, ‘Master Junior’, replies to the Treasurer’s toasts to The Queen, Domus, and Absent Members.

DR JULIE MAXTON

Before taking up her position as the Executive Director of the Royal Society in 2011, Julie was Registrar at the where she is an Honorary Fellow of University College. Called in 1978, Julie combined a career as a practising and academic, holding a number of senior positions, including Professor and Dean of the Faculty of Law at the University of Auckland, New Zealand. She is the author of numerous articles concerned with trusts, , commercial and property law. She is on a number of Committees and Boards as well as being a governor of Haberdashers’ Aske’s School for Girls and a Board member of Engineering UK.

The Hon Ms Justice Mary Finlay Geoghegan

A High Court Judge since 2002, Mary is the designated liaison judge for Ireland for the International Hague Network of Judges and the European Judicial Network. She initially qualified as a Solicitor (1973) and later was Called to the Irish Bar (1980) and admitted as a in 1988. She was a member of the Minister for Justice’s Working Group on qualifications for appointment as judges of the High and Supreme Courts; the Law Reform Commission; and head of the Irish Delegation to the CCBE. In 2009 she was nominated as an ad-hoc judge to the European Court of Human Rights. She is also a Bencher of the Honourable Society of King’s Inns.

PROFESSOR CONOR GEARTY FBA

Conor was a Fellow in Law at Emmanuel College, Cambridge for seven years before moving to King’s College London in the early 1990s. From 2002-2009 he was the first Rausing Director of LSE’s new Centre for the Study of Human Rights, and is now Professor of Human Rights Law at LSE, as well as Director of its Institute of Public Affairs. A prolific journalist and author, his most recent book is Liberty and Security (Polity). He is a founding member of and has appeared in many cases before numerous courts.

The Rt Hon Dame Elish Angiolini DBE QC FRSA (HON)

Lord of from 2006-2011, having previously been Solicitor General since 2001, Dame Elish was the first woman, the first Procurator Fiscal, and the first solicitor to hold either post. After 2011, Dame Elish was appointed as the first patron of LawWorks Scotland, a charity which helps people who cannot afford legal advice. She is a visiting professor at Strathclyde , where she teaches undergraduates, and developed a Master’s course in advocacy studies. She is a member of Terra Firma Chambers. In September 2012, she became Principal of St Hugh's College Oxford.

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Mr Justice Louis Harms (HONORARY)

Until 2011, Justice Harms was Deputy President of the Supreme Court of Appeal of South Africa. He practised from 1966 to 1986 at the Pretoria Bar, and took Silk in 1981. He is an editor of The Law of South Africa and author of The Enforcement of Intellectual Property Rights: A Case Book. He has been actively involved in the drafting of intellectual property statutes and amendments to criminal procedure law such as plea bargaining, and drafted the rules of ethics for judges. He occupies at present the Adams & Adams Chair in Intellectual Property Law at the University of Pretoria and is a door tenant at 4-5 Gray’s Inn Square.

PROFESSOR THE LORD HENNESSY OF NYMPSFIELD FBA (HON)

Since 2000, Lord Hennessy has been Attlee Professor of Contemporary British History at Queen Mary, University of London. He co-founded the Institute of Contemporary British History in 1986. From 1992-2000 he was Professor of Contemporary History at Queen Mary and Westfield College, University of London. His analysis of post-war Britain, Never Again: Britain 1945-1951, won the Duff Cooper Prize in 1992 and the NCR Book Award in 1993. His study of Britain in the 1950s and the rise of Harold Macmillan, Having It So Good: Britain in the 1950s, won the 2007 Orwell Prize for political writing. He was appointed as a non- political crossbench peer in October 2010.

THE HONORABLE ERIC HOLDER, JR (HONORARY)

Prior to his appointment as Attorney General of the United States, Mr Holder was a litigation partner at Covington & Burling LLP in Washington, and also served as U.S. Attorney for the District of Columbia. In 1988, he was nominated by President Reagan to become an Associate Judge of the Superior Court of the District of Columbia. Upon graduating from Columbia Law School in 1976, he moved to Washington and joined the Department of Justice as part of the Attorney General's Honors Program.

HER HONOUR JUDGE DIANE REDGRAVE

Called in 1977, Diane is a fellow alumna of the Somerset House Peculiar, the Principal Registry of the Family Division. She was appointed as a Circuit Judge in 2008, sitting mainly but not exclusively in family. She has been given the responsibility of setting up a satellite care court in Bromley. She regularly marshals students of the Inn, and is also a supporter of the Young Vic Theatre.

ANDREW SIMMONDS QC

A leading practitioner at the Chancery Bar, Andrew was Called in 1980 and took Silk in 1999. Since 2006 he has sat as a Deputy Chancery Division Judge. He is recognised as a leader in pensions, trust and probate litigation and related professional negligence issues. He has been a Trustee of the Pension Scheme (2000-2006) and a member of the Legislation Committee of the Association of Pension Lawyers (2005-2009) and of the Pensions Litigation Court Users’ Committee (1998 to date). Andrew has also run the London Marathon twice for charity.

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STEPHEN KILLALEA QC

A leading practitioner in claimant catastrophic injury litigation and health and safety prosecutions, Stephen was Called in 1981 and took Silk in 2006. He has been an advocacy trainer for the Inn for many years, training at NPP level and acting as a ‘Rover’ to advocacy trainers. He specialises, in his civil practice, in brain and spinal injuries. He was a prosecutor for the Professional Conduct Committee and a former member of the . In both flat and jump racing he specialises in backing horses which come fifth.

MICHAEL MCLAREN QC

Called in 1981, Michael is a commercial Silk (2002) at Fountain Court, with an emphasis on aviation and regulatory work. He was a member of the Temple Church Committee for many years, and has done advocacy training in Pakistan. He is a Temple Song underwriter and a keen supporter of music in the Temple. He was a trustee of the Chelsea Physic Garden and is a trustee of various Fishmongers’ Company charities. He manages (for the National Trust) Bodnant Garden in North Wales. A large Welsh Food Centre is his latest mad venture.

PHILIP BROOK-SMITH QC

Called in 1982, Philip is a general commercial Silk (2002) at Fountain Court who practises predominantly in the areas of product liability. He is also a . He has been an advocacy trainer for the Inn for many years. From 2008 - 2010, he was Director of the South Eastern Circuit Advanced Advocacy Course held annually at Keble College. He serves on the Tribunal Procedure Committee and Chairs the subgroup responsible for rules applicable to General Regulatory and related Administrative Appeals, Tax and Chancery, and Lands Chambers. He is Chairman of the Commonwealth Boxing Council and a member of the British Boxing Board of Control anti-doping panel.

MAX HILL QC

Former Chairman of the Criminal and recently elected Head of Chambers at 18 Red Lion Court, Max was Called in 1987 and took Silk in 2008. He is a former Junior of the Essex Bar Mess and of the South-Eastern Circuit. He was also Recorder of the Circuit. He specialises in cases involving terrorism and Control Order and related public law work for the Treasury Solicitor. He was counsel for the in the July 7 ‘London Bombings’ Inquests. He is a Fellow of the and a Patron of a children’s charity, SceneandHeard which connects inner-city children with volunteer theatre professionals who mentor them.

PAUL EPSTEIN QC

Paul is a tenant at Cloisters. He was called in 1988 and took Silk in 2006. He specialises in helping clients with discrimination and employment problems. Over the course of the past few years he has appeared in the High Court, the Court of Appeal, the Supreme Court and the employment tribunal in some large equal pay cases. His other work is contract and commercial. From 2009-2011 Paul was Chair of the Employment Law Bar Association. In 2012 he was elected onto the management committee of the Employment Lawyers’ Association. He teaches advocacy for Middle Temple. Paul is a keen and untalented amateur cyclist.

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HIS HONOUR JUDGE PETER MURPHY

Peter was Called in 1968. After practice in London he taught and practised in the United States. In 1983, Master Warren Burger appointed him to the committee which created the American Foundation of which he is a lifetime emeritus trustee. Between 1998 and 2007 he was defence counsel at the International Criminal Tribunal for the Former Yugoslavia in The Hague. He was appointed a circuit judge in 2007 and sits at Blackfriars . His text Murphy on Evidence is now in its twelfth edition. He was editor of Blackstone’s Criminal Practice between 1991 and 2007. He has also published two novels: Removal and A Higher Duty.

PHILIP CAYFORD QC

A leading family practitioner and long-standing member of the FLBA committee, Philip is editor of the FLBA magazine and a member of its website and communications committee. He has lectured regularly at FLBA, Butterworths’ and Jordan’s conferences. For six years, he was a member of the BSB Complaints Committee. Called in 1975, and Silk in 2002, he chairs the tenancy committee at 29 Bedford Row. An active MT advocacy trainer, he has judged several moots and written new family exercises for the pupils’ course. He is a trustee of Tusk and Captain of the Bar cricket team, and has made TV documentaries and written others.

OLIVER HEALD QC MP

Appointed Solicitor General in 2012, Oliver was Called in 1977 and practised as a in London and East Anglia with a break when he was a government minister. He has held various government posts including Parliamentary Under Secretary of State at the Department of Social Security and Shadow Leader of the House of Commons. In July 2007 he became a backbencher following thirteen years' continuous service on the Conservative Front Bench. In 2008 he became a member of the Committee on Standards in Public Life. He is a former Vice- Chairman of the Society of Conservative Lawyers.

MARTIN HOWE QC

Called in 1978 and Silk in 1996, Martin is a practitioner in intellectual property and . He has made a major contribution to education in his specialist areas by writing numerous publications, including Halsbury’s on Trade Marks and the leading practitioner textbook Russell-Clarke and Howe on Industrial Designs. Outside the Bar, he has long been interested in politics, where he has made good use of his legal expertise. Among other things, he chaired the Courts and Sentencing Policy Group of the Centre for Social Justice, and he is a member of the Commission set up by the current coalition Government to look into the case for a Bill of Rights.

MARK HATCHER

Director of Representation and Policy at the Bar Council since 2006, Mark has extensive experience in Law Reform and Legal Policy. Called in 1978, he practised in family law before moving to the ’s Department in 1980 where he worked on the Courts and Legal Services Group and with the Treasury Solicitor’s Office and the FCO. In his role at the Bar Council, he has guided responses to legal services legislation and assisted in the creation of the All Party Parliamentary Group for Constitutional Affairs. He is a Fellow of the Royal Society of Arts, and is an ordained (non-stipendiary) minister of the Church of England.

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ELISABETH LAING QC

Called in 1980, Elisabeth specialises in public and administrative law. She is a Recorder, and a former member of the Attorney General’s Panels. She took Silk in 2008, and was appointed a Deputy High Court Judge in 2010. She was appointed to the Welsh Government’s Panel of Queen’s Counsel in 2012. She has contributed to Halsbury’s Laws, and to Supperstone, Goudie and Walker’s Judicial Review. She is on the editorial board of Local Government Reports, and is a member of the BSB’s Standards Committee and of the Committee of the BBA.

SARAH FORSHAW QC

Since July 2012, Sarah has been the Leader of the South Eastern Circuit. Called in 1987, she is a leading criminal practitioner. She took Silk in 2008 and prosecutes and defends in equal measure. She is head of her own chambers at 5 King's Bench Walk. She was a popular and hardworking Chair of the Central London Bar Mess until 2012 and now serves as a member of the Bar Council.

MARIE DEMETRIOU QC

Marie grew up in Athens and read law at St Hilda’s College, Oxford where she took a First in the BCL. Called in 1995, she gained inside knowledge of the workings of the ECJ by acting as a référendaire to Judge Edward between 1999 and 2002. Thereafter at she has developed a wide-ranging practice in EU law, competition law and public law. She took Silk in 2012, having previously been a member of the AG’s ‘A’ panel. She is a Visiting Fellow of the Centre for European Law, King’s College and a Trustee of the Slynn Foundation. She does considerable pro bono work.

PROFESSOR ROBERT MCCORQUODALE

Director of the British Institute of International and Comparative Law in London, Robert is also Professor of International Law and Human Rights at the University of Nottingham, and a door tenant at Brick Court Chambers. Previously he was a Fellow and Lecturer in Law at St John's College, University of Cambridge, and Associate Professor in International Law at the Australian National University, after practising as a solicitor in Sydney and London. Robert's research and teaching interests are in the areas of public international law and international human rights law, and he has published, taught and trained on these areas around the world.

The Hon Mr Justice Stewart

Called in 1975, Silk in 1996 and appointed High Court Judge (QBD) in May 2013, Stephen was previously Designated Civil Judge for Liverpool and Manchester. He was the Judicial College Course Director for The Civil Induction Course and for the Equality Act and Jackson reforms and on its International Committee. He recently obtained a First Class degree in French and Spanish from the . He is a Consulting Editor of the White Book. Until 2013 he was a Member of the Civil Procedure Rule Committee. He has been a marshalling judge for the Inn.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 17 M ASTERS OF THE B ENCH CALLED BETWEEN S EPTEMBER 2012 AND J ULY 2013

The Hon Mr Justice Jeremy Baker

Jeremy was appointed a Justice of the High Court (QBD) in March 2013. Called in 1979, Silk in 1999, he was appointed a Recorder in 2000 and a Circuit Judge in 2010, and also sat as a deputy High Court Judge. A proud member of the North Eastern Circuit, he formerly practised at Sheffield’s Paradise Chambers and specialised in criminal cases, both prosecuting and defending serious and sensitive cases. His practice covered police disciplinary and coronial inquest matters, together with medical malpractice and HSE work.

The Hon Mr Justice Keehan

Michael was appointed as a High Court Judge (Family Division) in May 2013. Having been Called in 1982, he was appointed as a Recorder in 2000, took Silk in 2001 and sat as a Deputy High Court Judge from 2003. Michael specialised in family law and undertook cases involving complex medical cases concerning the death of, or serious injury to, young children. He practised from St Ives Chambers in Birmingham where he was Head of Chambers for the last seven years. He is a contributing author to Jordan’s Family Court Practice and the Family Law Precedents Service.

Antony Zacaroli QC

Antony was Called in 1986 and took Silk in 2006. He has a commercial practice, specialising in banking, company, restructuring and insolvency law. He has been a member of the management committee of the Bar Pro Bono Unit since 2000, a member of the Insolvency Rules Committee since 2012 and has assisted the Inn in the training of pupil-supervisors. Away from the law, Antony is a keen musician, singing with one of London’s leading amateur chamber choirs for 25 years, and playing piano in his spare time.

Rebecca Stubbs QC

Rebecca was a pupil of Master John Hopkins at Downing College where she took a First as well as a half blue in karate. Called in 1994, she joined 13 Old Square, now Maitland Chambers, and rapidly became a specialist in company and insolvency law matters, winning the Chambers and Partners Directory Insolvency Junior of the Year in 2009 before taking Silk in 2012. She chairs the Chancery Bar Association Equality and Diversity Committee and sits on the Bankruptcy and Companies Court and the Rolls Building Users' Committees. She is a Fellow of the RSA, a member of the Kandahar, a qualified ski instructor and a mother of two.

Sonia Tolaney QC

Sonia read Jurisprudence as a scholar at Lady Margaret Hall, Oxford. Called in 1995, she was Banking and Finance Junior of the Year in 2007 (Chambers and Partners) and Commercial Litigation Junior of the Year in 2008 and 2009 (also Chambers). She took Silk in 2011 and is a leading Banking and Commercial Silk, with expertise in complex financial products. She has contributed to and edited practitioner texts on Banking law, interviewed for scholarships, served on the panel of the Temple Women’s Forum and was a founder member of Law Panel in 2007. In Chambers she was a pupil master and mentor for many years and now heads one of the management committees.

18 THE M IDDLE T EMPLAR M ICHAELMAS 2013 M ASTERS OF THE B ENCH CALLED BETWEEN S EPTEMBER 2012 AND J ULY 2013S

JULIUS DRAKE (HONORARY)

The pianist Julius Drake lives in London and specialises in the field of chamber music, working with many of the world’s leading artists, both in recital and on disc. He appears at all the major music centres: recent seasons’ concerts have taken him to the Aldeburgh, Edinburgh, Munich, Schubertiade, and Salzburg Music Festivals; to Carnegie Hall and Lincoln Centre, New York; and the great halls of , Berlin, Paris, and . He proudly curates a series of song recitals entitled ‘Julius Drake and Friends’ at the historic Middle Temple Hall in London.

In MemoriAm

John Hugill QC 11 August 1930 - 25 September 2012 Michael Essayan QC 7 May 1927 - 23 October 2012 Michael Sherrard CBE QC 23 June 1928 - 30 October 2012 Professor Ronald Dworkin 11 December 1931 - 14 February 2013 Leolin Price CBE QC 11 May 1924 - 24 March 2013

GUSI Peace Prize Winners

Master Gruder’s son, Jonathan, married Master Janner’s daughter, Isabel on 14th October 2012. They celebrated the wedding at the Middle Temple. There is no other record of the children of two Masters marrying one another.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 19 H ONORARY B ENCHERS

20th FEBRUARY 2013 Dinner for Honorary Benchers

Master Treasurer Christopher Symons, Master Robin Butler and Master Gus O’Donnell. Photographs courtesy of Chris Christodoulou

20 THE M IDDLE T EMPLAR M ICHAELMAS 2013 V ENETIAN PAGEANT Voga Longa Venice by Master Jeremy McMullen

or over a thousand years the this magazine may recall a similar Burano, Torcello and through Murano doyen of Venice, once the pageant on the Thames in 2012. This when it stopped, perhaps out of FDoge, now the mayor, has year the same crew, not trusting reverence, perhaps shock at the sailed out on Ascension Day to throw entirely to the local organisers, was spectacle. We slipped into full a gold ring into the lagoon as a augmented by a cox, Hilary Cook. pageant kit and rowed to the first symbol of La Serenissima's marriage We were in a 1920 clinker pair, not a bridge on the Grand Canal to find a to the sea. double yole this time. We rowed out Molesey quad athwart the arches. On 19 May this year, one thousand from our reciprocal boat club Being only two oars, and with a wily rowing and sculling boats joined the Cannotieri Diadora on the Lido under cox with a paddle, we bi-passed the Voga Longa, or long row, of 30km the Pageant banner and the red chaos and emerged onto the canal. round the islands and canals from San ensign. There was by then no boat ahead and Marco to Salute. Regular readers of The rain was continuous round nothing aft for the full 4km length. Enthusiastic spectators all along, including our faithful logistics team, roared us on. At Salute we were tossed our medals and citations, paddling on to a quiet byway for Peronis and a fraught struggle back over the lagoon for 8km in now reopened shipping channels. The city looked splendid with vogatori passim in rowing livery and high spirits Do it again? Yes, but next up is the Napoli – 35km round the Bay.

Crew: Bow: Mark Watters, Sons of the Thames BC. Str: Jeremy McMullen, Putney Town RC. Cox: Hilary Cook, Sons of the Thames BC

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 21 US ATTORNEY G ENERAL

20th NOVEMBER 2012 Bench Call of US Attorney General

Master Treasurer; Masters; my head I’m really willing to put almost In recent years, I’ve had the chance Lords; ladies and gentlemen – it anything on my cranium. I’m proud, to work closely with many of this “is a privilege to be with you and humbled, to be counted as a country’s leaders, including some of today. And, as always, it’s a pleasure member of this distinguished those in this room, in order to to be back in London. organisation. And I’m particularly advance the mutual interests of our I would like to thank you for the grateful to have been elected by nations, to ensure the safety of those tremendous honour of being Called to acclamation – since I’m told the we’re privileged to serve, and to help the Bench – and for putting me in alternative would have been to sit for realise the priorities, the essential such extraordinary company. In exams. Now, I’m used to being principles we have always shared. particular, I’d like to thank my good recognized by acclamation. As you From coordinating efforts to wage an friend Baroness Scotland for might have read I have been, by the aggressive, values-based global fight sponsoring my Call – and ensuring opposition party in the United States, against terrorism; to protecting the that I would not be required to wear a pretty consistently recognised by privacy, civil liberties, and rights of wig today -- though given the rate at acclamation. Let me assure you – our citizens; combating human which my follicles are fleeing my this is a far more enjoyable process. trafficking, transnational organised

22 THE M IDDLE T EMPLAR M ICHAELMAS 2013 US ATTORNEY G ENERAL

crime, and cybercrime; and Robert Jackson and Elliot Richardson proven that – no matter who’s living strengthening the rule of law – I – whose official portraits hang just in the White House or Number Ten believe we can all be proud of what’s outside my private office in Downing Street, and no matter who been achieved as a result of our Washington. holds the majority in Congress or in cooperative efforts. I’m convinced Shortly after becoming Attorney Parliament – people across the United that the ‘special relationship’ between General, I chose to display them there States and the desire the United States and the United because I admired the principled to work together. Even when we’ve Kingdom continues to be a strong leadership that they provided during struggled to reach agreement and to one. We can see this in the critical times of great challenge and find common ground – and even on work that Middle Templars are consequence: in upholding the rule of those rare but inevitable occasions leading every day, in countries around law following the Second World War, when our governments or judicial the world – and in the ties that bind and in restoring integrity to our leaders may not see eye-to-eye – we Benchers and Honorary Benchers on government in the aftermath of always have met one another with both sides of the Atlantic. Now any Watergate. I was inspired by the respect and mutual friendship. And great relationship will have its ups examples they set – of service to the even today our discussions and and downs – ask my lovely wife – but American people, fidelity to the law, negotiations have consistently at its core that which binds the UK and courage – even in the face of reflected a determination to honour and the US far outweighs any unprecedented obstacles and intense our long tradition of working together transient disagreement. partisan opposition. They did what – a tradition that is very much alive It might be customary to say that was then not necessarily politically here in the Middle Temple. it’s a rare treat to be in the company popular but what has proven to be Today, the responsibility of of so many Benchers this afternoon – historically correct. extending this tradition falls squarely but the truth for me is that I encounter Of course, I had no idea that both on our shoulders. We must not shrink a fair number of Middle Templars on of these remarkable leaders also from that duty. The need to renew a regular basis, during the course of happened to be Middle Templars. But our focus on international cooperation my duties in Washington. In addition it’s hardly a coincidence that such – and to build on the progress that’s to the colleagues and counterparts exemplary public servants were already underway – has never been who are here today – including Called to the Bench. And that’s just more critical. And this afternoon, as Baroness Scotland; President one of the reasons why I regard it as a the Inn’s newest Honorary Bencher, I Obama’s Ambassador to the Court of truly special and humbling honour to am proud to join each of you in St James’s, Louis Susman; and my follow in their footsteps today – and pledging my strongest support – and Justice Department colleague, Bruce to join you here, in what’s been called my own best efforts – in carrying this Swartz, who got into Middle Temple the ‘cradle of the of work into the future, both as my the hard way – by examination – the England and of America,’ among so nation’s Attorney General and in current Chief Justice of the United many of the leaders who will help to whatever other role the future may States, John Roberts, is a Middle write the next chapter in the enduring hold for me; in standing together, as Templar. Did he take the exam? A friendship between the United States our nations always have, in shared number of distinguished legal and the United Kingdom. Just as purpose and common cause; and in scholars and members of the surely as our histories are intertwined, signalling – to our citizens, and to all American judiciary are proud the future progress of our nations is the world – our collective Honorary Benchers. And, if you have clearly, and permanently, connected. commitment to security, opportunity, visited my conference room at the The course we will follow – and, and equal justice for all. Justice Department, you will know ultimately, the world that we will help Once again, thank you for this that every day I come face-to-face to create – depends on the goals that honour. I look forward to all that we with two of the most distinguished we set, and the policies that we surely will accomplish together. And Middle Templars ever to serve the establish, today – and work to refine I will continue to rely on, and be United States government – my and carry out in the future. grateful for, your friendship and your predecessors, Attorneys General Over the years, our nations have best efforts.”

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 23 B OOK R EVIEW Child of Another Century

Review by Master Daniel Janner

he book may be entitled Child changes under Tony Blair and before of another Century but it is an judicial work became bedevilled by Timportant read for this century artificial human rights issues (or at and beyond. least quasi-political) decisions.’ Marshalling for Sir Ronald in 1980 ‘I cannot accept that the new was the highlight of my . appointments commission will His languid charm, immense achieve any better results and the risk kindness, huge intelligence and wise of inappropriate selection is now perception, which all his friends miss significantly higher.’ so much, has been brought to life in The book is not short on advice to this wonderfully entertaining practitioners. To young barristers: autobiography. ‘never rely on friends to get going. It is full of surprises. His father One’s friends tend to have too critical ‘took up smoking at 40 and or sceptical a view of one’s encouraged his sons to smoke from capabilities to entrust one with any 18 years as a calming pleasure’. He really challenging legal case.’ affair; chairing rabies inquiry) and as never grasped how to milk a cow, He had ‘an innate distrust of a High Court Judge (in the EAT, modestly admitting ‘numerous barristers who customarily do Family Division and then Queen’s milkmaids tried to teach me how to criminal work but who refuse to Bench Division); and after his milk the herd without getting kicked appear for the prosecution and there retirement, chairing the child abuse in but I never achieved any real success are too many of them.’ care homes inquiry, which he at it and was glad when the arrival of ‘It is probably unwise to harbour described as ‘undoubtedly the most electricity eventually led to the any ambition to leave a permanent arduous task I had ever undertaken.’ introduction of milking machines at mark on one’s Inn because all four In 2002, he was awarded the Knight the farm.’ He ‘had the bizarre have managed to exist for centuries Grand Cross of the Order of the experience of dining next to and very without a revolution. This advice is British Empire. close to Laurence Olivier and Stewart particularly appropriate at times when He presided over the Granger as they discussed in detail others are casting their eyes upon the trial, which he describes as ‘easily the the shortcomings of their former law and lawyers with ill will and an most notorious and still attracts wives!’ In 1957 he was stung by a urge to cut them down to size.’ interest’, but for no doubt good medusa jellyfish and the scars took 50 However, he obviously loved the reason only covers two of the 298 years to fade. His neighbour was Middle Temple and his considerable pages. Paul McCartney. He led Derry Irvine work for the Inn. He was Master He started writing the (before he became Lord Irvine of Treasurer in 1995. autobiography mainly for his wife and Lairg) and ‘a very surprising aspect of His big influences are ever present children, to whom the book is the hearing was that Derry had two in the book. His wife (to whom he dedicated. But he ends poignantly: ‘It pupils ...Tony Blair and Cherie Booth, was clearly utterly devoted), his is sensible to end this record here who were soon walking hand in family, his friends (the illustrious of because nothing much happens in hand.’ His clerk, Stanley, ‘slept very his generation, Robin Day, Geoffrey one’s eighties. Like many soldiers discreetly on a camp bed in my room Howe); the Cambridge Union Society and even more lawyers I am gently at the law courts.’ (he was President in Michaelmas fading away now and trying not to be Sir Ronald was never afraid to 1950) and the Welsh Bar. too much of a nuisance. Our friends speak his mind when it mattered: He was involved in landmark cases and family diminish in number but it ‘... as a High Court judge, I sat all at every stage of his career, and is still good to be alive and I have over under the remarkably, even after his notional enjoyed reliving my life through the aegis of real Lord Chancellors, who retirement. He describes his work as medium of writing about it.’ were effective independent heads of a junior (Aberfan Inquiry, Moors Sir Ronald died shortly after on his the judiciary before the ill-thought out murder trial), in Silk (Slater Walker 85th birthday on 8 May 2011.

24 THE M IDDLE T EMPLAR M ICHAELMAS 2013 D EPUTY T REASURER Deputy Treasurer Master Judge by Master Brian Leveson

n 30 September this year, an bringing to bear on the problems of era ended as Master (Igor) the day his unique experience and OJudge retired as Lord Chief crystal clear vision. Justice of England and Wales, having In his time as Lord Chief Justice, been a member of the senior judiciary he has had to deal with no fewer than for no less than 25 years. Taking up three Lord Chancellors and two the responsibility for leadership in the Permanent Secretaries; he has stayed area of criminal law, practice and the course with the assistance of three sentencing from Master (Christopher) successive Senior Presiding Judges Rose after he retired in 2006, Master and there is no problem that he cannot Judge deftly negotiated the quicksand illuminate by reference to past of poorly drafted legislation and experience. One of the first to arrive guided judges of all ranks onto the each morning in the Royal Courts of firm ground of principle. All who Justice and one of the last to leave, in practise in the field should be addition to sitting on the most Master Igor Judge immeasurably grateful to him for that. significant cases of the day (both in But it is not either his contribution the Court of Appeal and, on occasion, to the criminal law or the way, from a the Supreme Court), he has had to new problems arise. In the meantime, standing start, that he championed deal with issues of judicial the Middle Temple is fortunate that he judicial education that represents his appointments, welfare and discipline, is to become its Treasurer for I am most significant contribution to the the financing of the courts and the equally clear that the golden thread administration of justice. In a period judicial office, the relationship of the that will run through his term of of phenomenal constitutional judiciary with the executive and with office will be his profound respect for turbulence, Igor Judge has been at the parliament, and the processes of the rule of law and justice for all, his forefront of judicial leaders, modernization and rules. He has commitment to the institutions of the approaching each new twist and turn chaired the Judicial Executive Board law – and, in particular, Domus – and, with penetrating analysis of the and the Judges’ Council; he has given perhaps of greatest importance, his issues, always conscious of the speeches both in this country and overwhelming personal concern both fundamental importance of the rule of around the world (which he has for students and all whom the law has law and the independence of the always insisted on writing himself). touched. judiciary. Consider the many critical The list is endless. But of greater positions he has held: Senior importance to him than any other are Presiding Judge for England and the problems of those whom he leads. Wales (1998-2003), Deputy Chief A judge is ill? His is the first enquiry. Justice (2003-2005), President of the A personal or professional problem? Queen’s Bench Division (2005-2008), There is no step that he will not take Head of Criminal Justice (2006 to to assist any one of his judges or staff. date) and Lord Chief Justice of My family has always been England and Wales (2008 to date). amused by those who have surnames For fifteen years, through the period that can be associated with their up to and following the Constitutional occupations: there was no-one more Master Leveson is a Lord Justice of aptly named than Master Judge for Reform Act 2005, the creation of the Appeal and was Senior Presiding Judge Ministry of Justice, issues that is precisely what he is and always for England and Wales between 2007 surrounding access to justice and has been. The judiciary will miss his and 2009. He is the Chairman of the myriad reforms large and small, he contribution enormously and I have Sentencing Council and in 2011-12 has taken a leading role in fashioning no doubt that his successor will be conducted the Inquiry into the culture each and every judicial response, first in the queue seeking his views as Practices and Ethics of the Press.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 25 VALEDICTORY

30 JULY 2013 Valedictory for Lord Judge, Lord Chief Justice by Master John Dyson, Master of the Rolls

We are here to say an official means, of course, is that he is an all- their anger had been drawn. That was and very public farewell to one rounder who has bags of common precisely what he intended. Igor has “of our greatest Chief Justices. sense, and not one of those specialists never lost his art as advocate. I heard This is but one of many farewells, whose feet are not always on the him give the final address at the but, in the presence of this glittering ground and who produce over-long, Commonwealth Law Conference in array of distinguished witnesses, it is over-complicated and sometimes Cape Town earlier this year. He perhaps the most important. As you incomprehensible judgments. With spoke movingly and brilliantly about know, this is an invitation-only event. characteristic modesty, he also greatly the evils of inequality and Such has been the demand to be underestimates his ability as a lawyer. discrimination. At the end, he present today that we could have He has made major contributions to received a standing ovation. After filled this court many times over. the development of our law in many four days of many rather turgid It is a very strange role reversal for areas, particularly, of course in the presentations, long after torpor had me to be sitting here today making area of criminal law. taken hold, that was quite an this speech alongside Igor. In fact, it I said at the outset that he is one of achievement. is he who should be delivering this our greatest Chief Justices. This is no valedictory to himself. I realise that mere hyperbole. It is undeniably true. humanity and deep this would be a rather unusual step to I have seen at first hand these last ten understanding of people . . . take and a departure from tradition. months the burdens that he has borne. But I have heard him deliver dozens He has been responsible for leading The post that he has held with such of speeches of welcome and the judiciary of England and Wales distinction for five years is arduous valediction to judges and Lord during a period of unprecedented and stressful. One of his most Justices of Appeal. They have all difficulties and challenges. The remarkable attributes is that he always been little short of miniature works of Government likes to portray has time to chat, even occasionally to art, each marvellously crafted and challenges as opportunities. The indulge in unadulterated gossip, with carefully tailored to the honorand and problem of keeping the morale of the anyone. He is as happy talking to the occasion, expressed with clarity, judiciary up in the eye of the clerks and judicial assistants as to warmth and wit. He always finds pensions’ storm was a very odd kind senior judges, and maybe more so; as something charming to say. Even in of opportunity. Igor felt this very happy talking to tiny children as to those cases where that may be a bit of keenly. He battled long and hard to the elderly who are well past their a struggle and the evidence is a little negotiate the best deal that he could prime. He remembers the names of thin, you would never know it. with the Government. He was everyone, as well as those of their As a student of his speeches, I disappointed with the outcome. But partners, their children and their dogs. have noticed that a recurring motif is nobody could have done better. Such I find this most annoying, because I his love of the circuits. When has been his dedication to the sometimes can’t even remember the welcoming a new judge from a judiciary that, over a two-week names of colleagues who I see day in specialist field (usually of a period, he went round the country and day out. He has a real interest in commercial nature), he takes obvious speaking to the judges and giving his fellow human beings. It is delight in saying that he is just a them an account of what he had done. entirely genuine. It is what makes Circuit Hack. He is justly proud of I attended one of these speeches. At him so popular. Let me give one his circuit roots. But hack? All I can the end, those who were present were example. Anne Sharp, the previous say is that he is the finest Circuit so grateful to him for what he had chief executive of the Judicial Office, Hack of his generation. What he done that a good deal of the sting of was on leave. Igor knew that she was

26 THE M IDDLE T EMPLAR M ICHAELMAS 2013 VALEDICTORY

anxiously waiting for her son’s A- about five years and I was still at the most competent out-of-hours IT level results. She received a message Bar. Our wives and we happened supporter, too. that Igor wanted to speak to her quite by chance to be together on a I am confident that Igor does not urgently. She wondered what on group walking holiday in Italy. It was regret the IT situation in which he earth had happened and was very hot and we were tired. We came finds himself. But I believe that, in worried. When she spoke to him, she upon a wonderful fig tree laden with his dreams, like many of us, he discovered that he simply wanted to fruit. It stood alone in a field, but regrets that he was never invited to know how her son had done. What fairly close to a house. It was not open the batting for England. How better illustration could there be of the entirely clear whether the tree was on wonderful it would have been to score humanity of the man. It is this private land. Everyone fell on the that century at Lords. But leaving humanity and deep understanding of succulent figs, except for Igor (not dreams on one side, he has no cause people that can be seen in all aspects sure about Judith). I never asked him for any regrets whatsoever. of his life, not least his judgments. It why he held back and resisted the Igor is a devoted and loving family comes naturally to him. There is temptation. Perhaps he just doesn’t man who is intensely proud of his nothing contrived or studied about it. like figs. Perhaps he suspected that family, most of whom are here today. And he encourages everybody and someone would leak to the Press the Sadly, Helen is unable to be here as brings the best out in them. That is story of the top judge fig thief. I she is abroad, nor can his mother be the hallmark of a great man. I should think that the reality is that, even in a here. She lives in Malta. I have add that he has given me wonderful remote field in Italy, he just knew never met her. Igor frequently speaks encouragement and support. For this instinctively how to behave. The rest about her. She sounds utterly I shall always be grateful to him. of us did not. formidable. Igor is so universally admired and But eventually I did think of a Which of course brings me to held in such affection that it may weakness. I found his Achilles heel. Judith. Igor has told me on countless seem unkind, if not perverse, to say It has stared me in the face almost occasions that he could never have that, when preparing this speech, I every day since I became MR. It is done this job without her support. wondered whether there were any identified by two letters: IT. In a And he is not referring to her IT stories about Igor that I could tell word, the IT revolution has skills. She is a remarkable person. which showed that he has some completely passed him by. Warm, intelligent and every bit as weakness after all. Surely there has Surprisingly, he disputes this, but it is interested in people as he is. In fact, been some peccadillo or indiscretion true. His whole family will say that it if she had been a judge, I suspect that lurking in the shadows, which I could is true, even his grandchildren. It is she would have been a terrific Lady disclose to the world, some minor as if the IT revolution never Chief Justice. faux pas. I asked colleagues. I asked happened. Emails, no; BlackBerry, Igor, the country is so grateful to clerks, members of his staff, court no; mobiles, no; i-pads, no. I could you for what you have done during ushers. But there was nothing. Or go on. How has he managed? By the last five years and indeed nothing that they were prepared to having a formidably efficient army of throughout your long and disclose. They all had nothing but loyal supporters, all I think female. I distinguished judicial career. You are praise. have seen first-hand how perfectly he still remarkably energetic. I speak on Well, I can disclose a story about treats his team and how and why he behalf of us all in wishing you, Judith Igor and a fig tree. Now I can feel commands their unstinting loyalty and and your entire family good health that he is a little worried. It happened affection. And I should not, of and happiness for many years to in 1992. He had been a QB judge for course, overlook Judith, who is a come.”

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 27 M ASTER OF THE ROLLS Interview with the Master of the Rolls by Master Marcel Berlins

or a provincial lad from an entirely non-legal not sold the tickets properly. The defence was that the show background, with no contacts, who drifted into the fizzled out because it was no good. They called the Daily Flaw, found chambers by accident and had no plans or Telegraph theatre critic as their expert. I can still specific ambitions to rise in his profession, John Dyson has remember to this day that when I read his report there was done pretty well. His rise and rise, to the Supreme Court something about it, I just had a feeling, and so my first and thence to Master of the Rolls, was achieved quietly, question to him was ‘Have you seen the show?’, and, unaccompanied by the animated speculation that usually unbelievably he said no he hadn’t. So I asked about one accompanies the top jobs. And, it seems, without making more question and then sat down. I think that was my most enemies or attracting the usual grumbles that the office effective cross examination ever.’ should have gone to someone else. He reached the High Court in 1993, but was later Lord Dyson’s English father and Bulgarian mother diverted to preside over the Technology and Construction owned a chic dress shop in Leeds. Though there was no Courts. family or any other link with the law, his father, for some ‘It was not something I particularly wanted to do, reason he’s never quite understood, always wanted him to because I had been on the bench for about five years by be a barrister. After a classics degree at Wadham College, then and I was really enjoying the variety, but Tom Bingham Oxford, he flirted with the possibility of entering academia, asked me if I would do it and of course I said yes.’ then considered the civil service, before plumping for the He made his mark immediately, with his robust seminal Bar. judgment in Macob v Morrison, which has had a dramatic ‘Looking back on it, it was all delightfully haphazard. I effect on the adjudication of construction disputes. really didn’t have any burning ambition. And so in the end ‘I was very pleased about that decision because I think it I rationalised the decision I made, on the basis that the Bar has worked very successfully.’ seemed to have that very interesting mix of quite an His record in the Court of Appeal, to which he was intellectually challenging job as well as being very appointed in 2001, is notable for the sheer variety and scope practical.’ of cases in which he was involved, especially coming after He then drifted into what was to become his speciality at his stint in the narrow confines of construction law. Keating Chambers: construction law, arguably the least sexy ‘It was a great place, the Court of Appeal. I enjoyed it and one of the most obscure legal subjects. In spite of his very, very much. I’ve been very fortunate.’ somewhat laissez faire attitude he found himself, to his In 2010 Dyson was the first judge to be appointed slight surprise, liking his job, being extremely good at it, directly to the Supreme Court without first having been a and much in demand. His practice blossomed, he took Silk, peer; thus, he could be referred to only as Sir John Dyson and a few years afterwards was the subject of an unusual SCJ. A subsequent Royal Warrant enabled him and ploy, better known in the world of football. subsequent appointees to bear the ‘Lord’ or ‘Lady’. He was persuaded – some would say poached – to He did not behave with the timidity often shown by the become head of what was is now 39 Essex Street. At the newest recruits to the highest court. Relishing the ambiance time it was unusual enough to move chambers – to do so of intellectual collegiality, his contributions, according to and leap into the top spot of a substantial set from his first colleagues, were, from the start, learned and quietly day was considered unprecedented. forceful. A short concurring judgment in one of his first It was there that he had his first mild taste of media cases, involving applications for asylum from homosexual attention, acting for Dave Clark, the Sixties’ pop star. men fearing persecution in their own countries, Thirty years later Clark devised a musical based on his demonstrated the combination of clarity of thought, realism group’s songs. It did not do as well as he’d hoped, for and - importantly – compassion, which were apparent in which he blamed London’s Dominion Theatre’s box office. many of his judgments to come. With Dyson QC acting for him, Clark sued the Dominion He stayed at the Supreme Court for less than two and a and was awarded £600,000. Dyson remembers the trial for half years before being offered his present job. a particular reason. ‘Now I am in a position, for the first time in my life, to ‘Our case was that the box office had been negligent and choose what cases I want to do. I have never had that

28 THE M IDDLE T EMPLAR M ICHAELMAS 2013 M ASTER OF THE ROLLS

luxury before. Everybody likes to sit with the Master of the inevitable and the government knows it is going to happen. Rolls, because on the whole he gets good cases.’ The problem is, once the government has made a decision, But he emphasises that he doesn’t have a hidden agenda. has taken up a fixed position, then I think we have to accept ‘I would be surprised and disappointed if people looking that. But in the run up to the making of the decision, then, at my judgments were able to say that I had one.’ as senior Judges, we have a duty to warn the government It is inevitable, though, that judgments delivered by the and try and persuade them not to take a certain course. But Master of the Rolls attract more attention and debate than ultimately they are the government and once they have decisions taken by other judges. Lord Dyson does not court made a decision there is no point in going on about it. controversy, but nevertheless expresses his opinions We’ve just got to do our best to deal with it. On the legal vigorously, whether or not they might provoke a reaction aid issue, so far as possible steps are being taken to try to from an angry government or hostile media. He tasted both help the litigating person and to help the judges to cope when, in March, he delivered the Court of Appeal’s with the litigating person. It’s very difficult.’ judgment preventing the deportation of the alleged terrorist But does the government consult the judiciary Abu Qatada. sufficiently? Earlier this year the Court of Appeal ruled that the Home ‘This Government is making lots of proposals and to be Office scheme to overhaul the system of criminal records fair to them, they do consult. They often expect a response was unlawful. The requirement on all job applicants to with alarming speed, but they do consult and so they expect disclose all offences, however minor or ancient, was a us to tell them what we think. If we think they are going breach of their right to a private and family life. Unusually, terribly wrong then we are under a duty to tell them that in publication of the decision had been delayed for several no uncertain terms and to tell them why we think so. We do weeks to enable the , at their request, to make have access to them. But ultimately they are the further submissions. Nothing more was heard from them. government.’ ‘It is extraordinary that nothing has been done. The Away from his judicial role, Lord Dyson’s interests are government needs to pull its finger out and produce mainly musical. His pianistic talent is attested by the fact legislation,’ Dyson remarked. This is not the language of a that, as a teenager, he was taken on as a pupil of Dame judge anxious to avoid offending government ministers. Fanny Waterman, one of England’s most influential teachers These days, a Master of the Rolls is also expected to and creator of the internationally renowned Leeds piano perform a quasi-political role – in a non-party sense - in festival. meetings and negotiations with the executive on proposed ‘Well, I’ve always said that I was her least good pupil, legislation or policy reforms affecting the legal system. but I was quite good. I had lessons for nearly four years Some judges –- not only the most senior - have expressed between the ages of 13 and 17, and I haven’t had lessons their reservations, or even outright opposition, in extra- since. I have regretted that sometimes, but I still play. I judicial contributions, especially in public - and publicised - don’t practise much. I now just play for myself, I play so lectures. Dyson is hesitant to express strong views on such much less well than I did when I was 17, but it hasn’t platforms. caused me to stop.’ ‘No, I don’t think that it is a good idea for someone in my He looks fit, and younger than his 70 years, which is no position, when the government announces it is proposing to doubt attributable to his passion for serious walking, shared do something, to give a lecture saying I think it’s a bad idea. by his wife Jacqueline, a senior law lecturer. ‘We both love I think that the right way to do it is to respond, to talk to it. Virtually all our holidays are walking holidays.’ them. To stand on a platform and shout publicly I don’t John Dyson never dreamed, expected or planned that he think is right and I think is probably counter-productive.’ would reach the heights he has, but he’s clearly revelling in But didn’t Dyson himself, last October, deliver a lecture the experience. He’s become Master of the Rolls at a severely warning the government of the awful consequences difficult time. The entire legal system is reeling from the of their slashing legal aid? financial restraints being imposed, and the judiciary is under ‘That wasn’t aimed at the government. It’s not a spotlight - not always a benign one – as never before. controversial, it’s inevitable and everybody says it is Lord Dyson is clearly well up to the challenges posed.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 29 L ENT R EADER

26 FEBRUARY 2013 Lent Reading Re-engineering Civil Justice

by Master Graham Zellick, Lent Reader

I want to suggest that the civil justice edifice, while metaphor. I ask you to imagine a large and impressive structurally sound and with strong foundations, is in mansion, many hundreds of years old, set within a vast “need of refurbishment and that, in the process, some estate. It has a large central portion and a west wing and an deeply entrenched principles may need revision. My east wing. The mansion has been fairly well maintained concern is with the architecture and interior design of the over the years. It’s a bit basic in places, but very stately and arrangements currently in place. My perspective is that of ornate elsewhere. The west wing could be described as the erstwhile legal scholar informed by experience in the utilitarian. There are certainly no frills. Although it has its judicial foothills. own entrance, there is internal access at various points In the absence of PowerPoint or other visual aids – from between the grand central section and the west wing, but the which these ancient walls and timbers would recoil – I shall east wing is under-populated, entirely separate and resort to verbal imagery and continue with my property accessible only through its own entrance. Most of those of who work in or have cause to visit the rest of the building know little or nothing of what goes on in the east wing and regard it as something altogether different. The sign at the entrance to the estate might in another country have said ‘Palais de Justice’, but in England it reads, accurately if inelegantly, in the argot of our times: ‘Civil Justice Centre’; and underneath in letters too small to read it refers to the east wing. The sign at the main entrance proclaims ‘Her Majesty’s Courts’; the sign at the entrance to the west wing says simply ‘Tribunals Entrance’. The east wing entrance says merely ‘East Wing’; but more of that later. It is to this building that we and our fellow citizens, locked in a dispute which has proved resistant to settlement by any other means, repair if we are determined enough and if we can afford it. We come in search of justice. We come with certain kinds of disputes, big and small, to the main portion of the house, where we find on the ground floor the with its three divisions; on the first floor is the Court of Appeal, Civil Division; on the top floor, with panoramic views of the surrounding countryside as befits the far- and clear-sighted men and woman who occupy this floor, sits the Supreme Court of the United Kingdom; and in the basement, to which the majority of visitors are directed, is the county court. There is a fair bit of daily traffic in this, the more majestic part of the building, but it is dwarfed by the multitudes who swarm every day into the west wing to have their disputes adjudicated in the First-tier Tribunal or in one of the few tribunals not, or not yet, part of this new system; and upstairs is the Upper Tribunal which hears appeals from

30 THE M IDDLE T EMPLAR M ICHAELMAS 2013 L ENT R EADER those below. • Tribunals are said to be multi-disciplinary. Some are; The creation of the unified tribunal system by the many are not. Originally, they were entirely lay Tribunals, Courts and Enforcement Act 2007 was one of the bodies, but since the Leggatt report, that is no longer most important developments in the administration of regarded as appropriate. Most cases today are heard by justice in recent times. It removes tribunals from their a judge sitting alone. Some jurisdictions involve other sponsor departments; it unequivocally establishes them kinds of professionals, such as doctors, surveyors, economists, businessmen. It might be asked why this I want to suggest that we need to escape from this paradigm isn’t adopted by some of the courts next door. There is surely a strong case for involving other straitjacket, that there are other perfectly legitimate specialists and even lay people in the work of the ways of adjudicating and resolving disputes, that family courts, for example. • Tribunals are often described (even by senior judges) the due process hearing model is no better than, as inquisitorial in contradistinction to the adversarial and may sometimes be inferior to, certain other procedure of the courts. They aren’t. It has been said that sections 2 and 22(4) of the Tribunals, Courts and techniques Enforcement Act 2007 implicitly require an inquisitional approach. They do not. It seems to be within the judicial firmament; it makes the courts judiciary thought that what makes a body inquisitorial is the eligible to sit in tribunals and in fact High Court judges now ability or duty to take points not raised by the parties preside over all of the chambers of the Upper Tribunal; it and to ask questions of witnesses and parties. It is not. professionalises their judiciary; it standardises their I know of only two bodies which can be said to be procedures and appeal routes; it creates a unified truly inquisitorial: the Investigatory Powers Tribunal administration (indeed, one now merged with HM Courts and the Criminal Cases Review Commission, which is Service to create HM Courts and Tribunals Service); and it not a court or tribunal at all. Perhaps the Coroner’s places a senior judge at its head as Senior President. Court should be added to the list. But I know of no Training, too, is now vested in a single body, the Judicial other tribunal that justifies that description. Their College. All this is designed to strengthen the rule of law procedures tend to be more informal than the courts; and provide users with a better service. the strict rules of evidence do not generally apply; and But in doing so, in creating this parallel system to the they are expected to take points not raised by the courts, perhaps even with parity of esteem, a number of parties; but they are essentially adversarial just like the questions are prompted: courts. A more accurate description is ‘interventionist’, • What is the difference between courts and tribunals? as Professor Dame Hazel Genn has pointed out. • Should there be two systems? • The rules of procedure that govern tribunals very • What cases should be heard where? closely resemble those applying in the courts. Just • Are the partition walls separating the two systems in look at the rules for any chamber of the First-tier the right place? Tribunal. The substantive law they apply, and the relevant jurisprudence or case law, is every bit as • Is the judiciary in the west wing different from the technical and complex as anything being litigated in uniform branch next door? the courts. The lawyers who preside are now called Thinking on this owes more to history than to either logic judges. Some indeed have expressed concerns that this or rational policy. And much of what is thought or said growing judicialisation and formalisation of tribunal about tribunal justice is wrong or outdated. jurisdictions is inimical to their purpose and rationale. • You will note that I speak of ‘tribunal justice’ and not Moreover, there are tribunals no less formal than the ‘administrative justice’ or ‘administrative tribunals’, High Court that deal with matters of considerable terms I dislike. They should have been discarded years complexity. The Competition Appeal Tribunal comes ago when Lord Franks first and forcefully made clear to mind. that tribunals were not part of the administration (as • Tribunal jurisdictions are narrow or specialised, but is they still are in America and, I think, Australia). that not also increasingly the case in the courts, where • It is not even the case that all tribunal work concerns the ever-growing complexity of the law calls for disputes between citizens and the State: much tribunal specialist judges who can dispose of the work work is what is called party v. party, for example efficiently and speedily? We have the Family Division, everything in the Employment Tribunal and much, if the Administrative Court, the Commercial Court, the not all, in the new FTT Property Chamber. It is also Technology and Construction Court and the Patent true of other tribunal jurisdictions. Court.

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There is much work in the county court which is no history, albeit one modified and updated from time to time, different in character from that done in tribunals and could which could be more rationally and practically organised; in quite properly be transferred. The small claims work in the fact, the President of the Supreme Court in a lecture last county court handled by district judges might just as well, week reminded us that it was the intention in the 1870s to and with advantages to litigants, be reclassified as a tribunal move to a more fundamental restructuring of the High Court jurisdiction. Which raises the question whether the word once the new system under the Judicature Act had time to ‘tribunal’ itself is appropriate or helpful. I venture to bed in; and Mr Justice Ryder, who is in charge of the suggest that we should be much better off without it. So Modernisation of Family Justice, has urged the creation of a what might we call them instead? How about ‘courts’? Single Family Court. There is certainly a strong case for having simplified, But in the little time left I should like to take you to the streamlined methods for adjudicating certain kinds of east wing (to which the only visitor is the postman) because dispute in a specialised setting. I sat for a while as a that is particularly where the re-engineering of which my member of the Criminal Injuries Compensation Appeals title speaks needs to take place. Panel, where our maximum award was half a million We lawyers tend to have a rather monolithic view of pounds. We typically disposed of eight cases a day. I have adjudication or dispute resolution. The paradigm is the long thought that such a process would be a much better public adversarial proceeding. Its essence is captured in way of dealing with NHS litigation, which consumes vast Article 6(1) of the European Convention on Human Rights, amounts in legal costs. made part of our domestic law by the Human Rights Act, It is not so much two systems side by side that we should but in any event derived from the values and principles of have but a single system with personnel, procedures and the common law. It reads: ‘In the determination of his civil rules adapted for particular streams of work. I anticipate rights and obligations . . , everyone is entitled to a fair and that over time that is exactly what will happen as the FTT public hearing . . . by an independent and impartial tribunal and Upper Tribunal and the courts converge. established by law.’ Meanwhile, structural changes within the central part of I want to suggest that we need to escape from this our mansion are also called for. A Unified Civil Court, straitjacket, that there are other perfectly legitimate ways of amalgamating the High Court and county court, is one adjudicating and resolving disputes, that the due process possibility, favoured by Master Phillips when he was Lord hearing model is no better than, and may sometimes be Chief Justice, but sadly failing to command the support of a inferior to, certain other techniques. Which brings us at last majority of the High Court Bench; Master Dyson, Master of to the east wing. the Rolls and Head of Civil Justice, has opined that the Whom do we find inhabiting this corner of our fine current divisional structure of the High Court is a relic of mansion? There is the Parliamentary Commissioner for

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Administration (the Parliamentary Ombudsman) and her particularly in the judicial review arena, currently going alter ego, the Health Service Commissioner. There are the through the courts, slowly and expensively. Their fact- Local Government Commissioners or Ombudsmen, and finding techniques are at least as good as the courts’, if not other ombudsmen whose powers derive ultimately from rather better; their services are free. Statute excludes cases statute. There is – though not for much longer – the Social where there is a remedy in the courts or a tribunal, but the Fund Commissioner. proviso to section 5(2) of the Parliamentary Commissioner Appeals under the Social Fund, which provides support Act 1967 allows the Ombudsman to conduct an to some of our poorest citizens, are handled by the Social investigation if satisfied that it is not reasonable to expect Fund Commissioner as the Head of Review the aggrieved person to resort to it. In practice, the Service for the Social Fund. 94% of cases designated as Parliamentary Ombudsman, and I think her local urgent were resolved within 24 hours; 36% of appeals were government counterparts and others, frequently take on successful. Would any court or tribunal do better? The cases that could have been pursued in the courts. Of course, system has drawn plaudits from the Administrative Justice they are not suitable where difficult points of law are and Tribunals Council. But the Social Fund and its involved; and because of Article 6, there may need to be Commissioner is to go the way of the AJTC itself. On April agreement of the parties. 1, when the Welfare Reform Act comes into force, they will I believe that some of the work currently done in courts be no more. and tribunals could be done in the east wing, more quickly, My argument tonight is simply that these institutions cheaply and informally and, dare I say it, more effectively. should be viewed as part of the civil justice system. They To adopt a rather ugly contemporary expression, there is deal with vast numbers of disputes – far more than the no one-size-fits-all model for handling disputes. I have courts. The administrative law textbooks recognise them as argued this evening for a broader, more flexible conception part of the administrative justice landscape (to use the of what constitutes civil justice and how disputes can be AJTC’s language); but not as part of the civil justice system. decided. I note that the Tribunals, Courts and Enforcement Act 2007 Our palace of civil justice is indeed a house of many fine (s. 2(3)(d)) specifically requires the Senior President of rooms. We need to be a little bolder in moving the Tribunals to have regard to ‘the need to develop innovative partitions and the furniture. methods of resolving disputes’. I should like to see these bodies re-engineered. The Professor Graham Zellick CBE, QC, AcSS is Emeritus Ombudsmen would need to make binding decisions, not just Professor of Law, University of London and Honorary Fellow of recommendations as now. The MP filter would have to go. Gonville and Caius College, Cambridge. He delivered his reading But they have huge potential to take on much work, in Middle Temple Hall on 26 February 2013.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 33 J USTICE

f membership of Middle Temple stands for one thing above all, it must be support for the rule of law. IJUSTICE, as some readers will already know, is an all- party law reform and human rights organisation. It promotes improvements to the British legal system, access to justice, human rights and the rule of law. It does this through research, education, lobbying and interventions in the courts. For more than 50 years it has been at the cutting edge of the debate on legal reform. JUSTICE’s links with our Inn are well established. For fourteen years from 1991 to just a few months before his untimely death in 2005, the late Master Alexander (Treasurer 2001) was its Chairman and guiding spirit. On 14 October 2003 he gave his memorable lecture Iraq: the pax Americana and the law. He was the first person of national legal stature to argue publicly and from the deepest principle that the invasion of Iraq was illegal as contrary to the norms of Public International Law. The occasion was the annual JUSTICE Tom Sargent memorial lecture . Almost ten years to the day, on October 15, 2013 Lord Neuberger, President of the Supreme Court, delivered the 2013 JUSTICE annual (and 50th) Tom Sargent lecture ‘Justice in an Age of Austerity” at the offices of Freshfields A Reminder Bruckhaus Deringer, just a stone’s throw from Middle Temple. JUSTICE’s launch can be traced to events in January and Invitation 1957 when a public meeting was held at the now- demolished Niblett Hall, Inner Temple. An audience of lawyers heard accounts of show trials in South Africa and by Masters Guy Mansfield Hungary. The meeting had been called by a new and Martin Partington organisation – JUSTICE – formed from an ad hoc alliance of lawyers from each of the three main political parties. Over the years, JUSTICE has exerted an influence out of all proportion to its size. Many of the issues JUSTICE took up have turned into major legal reforms. Its work laid the foundations of a number of highly significant developments. These include the Ombudsman system, the Criminal Injuries Compensation Scheme, the Crown Prosecution Service and data protection and freedom of information laws. JUSTICE became renowned for its work on miscarriages of justice, through its association with the BBC’s Rough Justice programme. This work ended in success when the

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independent review body for which JUSTICE had long justice. The Supreme Court agreed with JUSTICE’s argued, the Criminal Cases Review Commission, came into assessment. being in 1997. Here is another link with our Inn: Master JUSTICE retains two fundamental characteristics Zellick, our Lent Reader this year, was Chairman of the established from the outset: a concern for the rule of law CCRC from 2003 to 2008. and a belief in the effectiveness of an all-party approach. Master Alexander took the Conservative whip in the House of Lords. His three successors have been respectively a JUSTICE retains two fundamental characteristics cross-bencher and members of the Liberal and Labour established from the outset: a concern for the rule parties, all sitting members of the House of Lords. The late Lord Bingham called JUSTICE ‘the legal of law and a belief in the effectiveness of an all- conscience of the nation … sharpening perceptions, party approach deepening insights, voicing concerns, challenging preconceptions and illuminating dark corners.’ To the Times, JUSTICE is ‘thoughtful and unremitting’. At the turn of the millennium, JUSTICE was active in JUSTICE is about to enter an exciting phase in its educating the legal profession and public servants about the development. Its new Director, Andrea Coomber is practical implications of incorporation of the European conducting a strategic review of its activity, to ensure that Convention via the Human Rights Act, and has been a key the priorities of its tiny staff are clearly set. Andrea is keen player in the subsequent debates on a UK Bill of Rights. to reconnect with a resource that is currently underused – In the years since 9/11, counter-terrorism has been an the expertise of outstanding lawyers who share JUSTICE's important thread in JUSTICE’s work. The organisation has commitment to the rule of law. charted and warned of the ‘mission-creep’ of the expanding She has issued this rallying call to lawyers: use of secret evidence and special . It has ‘JUSTICE’s voice is measured, informed and examined, by reference to comparable jurisdictions, how authoritative across a range of rule of law issues. For more intercept evidence might be used in UK courts, so than 50 years we have represented the best of the legal dispensing with inherently unjust ‘special measures’ by profession, but we are only as strong as our membership. allowing terrorist offences to be tried openly. I’d like JUSTICE to become the first port of call for any JUSTICE has also exerted significant influence on legal lawyer concerned about the rule of law or with a desire to developments through its carefully targeted interventions as see the law reformed and rights protected.’ a third party in the higher courts. Two recent cases may be We are both members of the Council of JUSTICE. We cited as example. First, Cadder v HM Advocate ([2010] invite you all to consider becoming a member; if you are a UKSC 43), where JUSTICE argued that the failure to member, becoming a friend; letting JUSTICE know if you provide legal advice to suspects in police detention in could participate in training events, or would like to host an Scotland was a breach of fair trial rights under Article 6 of event in Chambers. We invite student members to find out the European Convention. The Supreme Court decision that about the JUSTICE student network and its free events. Scottish practice did violate Article 6 led to an immediate change in the law north of the border. Second, Al-Rawi v Security Service ([2011] UKSC 34), where JUSTICE intervened (together with Liberty) to argue that the Government’s case for the expansion of ‘closed material For further details visit http://www.justice.org.uk; procedures’ (CMP) under the common law was flawed and On the student human rights network visit incompatible with principles of open, equal and adversarial http://www.justice.org.uk/shrn_home.php

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 35 H UMAN R IGHTS Are Human Rights Selfish?

by Master Geraldine Van Bueren

he question ‘Are human rights selfish?’ which is and political rights alone is insufficient to protect against an posed by some politicians and by some in religious expansion of inequality, which leads to disorder and Tcommunities, deserves a serious rebuttal because increasingly harsh forms of government. although it is tempting to avoid answering criticisms of Socio-economic rights also have the advantage of human rights for fear of legitimising the criticism, to leave increasing substantive access to dignity and equality by serious questions unanswered can be more damaging. women and children. Civil and political rights by their There are two principal strands of argument in answering nature focus mainly on entitlements in the public sphere, the question. The first is that human rights are inherently however currently the denial of substantive rights such as generous as everyone benefits from a society which does health, housing, and food, which impact also on women and not tolerate torture. In addition, there are no calls for the children and life in the private sphere, are difficult to argue repeal of the law of contract or other areas of law such as for outside of the entrenched arena of party politics. restitution even though individuals exercise rights under Therefore, the question which requires answering is, what is them. However, there is one class of human rights the reason for the United Kingdom failing to protect equally litigation, which rarely succeeds when claimed by an one half of the body of human rights law, when litigation on individual but is more likely to succeed when the case socio-economic rights is generally cost effective, protecting impacts directly on the entitlements of sections of the not only the litigant appearing before the court but also a community. This second strand focuses on the omission of significant section of the community? There are at least six many human rights, which although legally binding on the possible reasons. United Kingdom have never been incorporated, making it The first is an argument which has been raised by easier for critics to describe human rights as selfish. governments of all political persuasions that the United International human rights law divides human rights into Kingdom is different from other states with its long- civil, political, economic, social and cultural rights established welfare state. The United Nations, however, has regarding both sets of rights as indivisible and universal. rejected this argument, observing that a welfare state alone The title of the Human Rights Act is misleading, because is insufficient to protect the socio-economic rights of those accurately in law it ought only to be entitled the Civil and within the jurisdiction of the United Kingdom. In addition, Political Rights Act. The majority of rights including the by enshrining socio-economic rights such as the right to rights to privacy, freedom of religion and expression belong progressively free university education in law, the welfare only to one half of human rights. With the exception of the state is better protected from the vagaries of political rights to freedom of association and education, the Human football. Rights Act excludes one half of the world’s universally The second argument raised against bringing socio- recognised human rights, which the United Kingdom has economic rights back home is that they are too costly and been legally been bound by since 1976. The economic, particularly too expensive during a time of austerity. social and cultural rights enshrined in both the United However, this is not an argument which has been accepted Nations Covenant on Economic, Social and Cultural Rights in relation to civil and political rights. The core costs of 1966 and the Council of Europe’s Social Charter, the twin due process including the recording of judgments, training sister of the European Convention on Human Rights, are and payment of the judiciary and the maintenance of court commonly described as socio-economic rights. They rooms has not prevented the United Kingdom’s proud include the right to the highest attainable standard of heritage of due process and has not been raised as a reason physical and mental health, adequate housing, progressively for dispensing with due process. free university education and the right to an adequate Another objection is that socio-economic rights are in standard of living. They are rights which are included in essence broad principles incapable of definition and most of the modern constitutional democracies of this protection by the three branches of government. Records century and the end of the last. Democracies from show that this same argument was used from the 1960s in Argentina to South Africa, including the BRIC states of arguing against the incorporation of civil and political Brazil and India, constitutionally include socio-economic rights. Establishing the parameters and content of each of rights within the concept of the rule of law because their the socio-economic rights has been made easier for both the own historical experiences demonstrate that protecting civil courts and government because of the rapidly expanding

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jurisprudence around the world and because the United programme. Nations Committee on Economic, Social and Cultural The term judicial activism has also become distorted. Rights (the Committee responsible for overseeing the Judges would be performing the same role under a socio- International Covenant on Economic, Social and Cultural economic rights statute as they perform under any statute; Rights) has issued General Comments which provide hence, in the case of Grootboom, in which the South authoritative guidance on the duties upon states in African Government was held by the Constitutional Court implementing each of the rights. In addition, the Chief to be in breach of the right of access to adequate housing to Justice of the Canadian Supreme Court has observed that nearly a thousand people suffering inadequate shelter, the even one of the broadest of rights, the right to an adequate court was merely applying standard principles of statute standard of living, is capable of being interpreted by the interpretation and reasonableness. courts. There are different approaches to countries incorporating Some argue that socio-economic rights are rights only socio-economic rights. Some, as in Argentina, create a appropriate for the poorest states in the world and therefore hierarchy where specific international human rights laws unnecessary for the United Kingdom; however, aid agencies take precedence; others such as Ireland and India accustomed to providing assistance for overseas people in constitutionally recognise socio-economic rights as policy need are finding it necessary to establish programmes to goals rather than express justiciable rights; whereas others assist people in the United Kingdom. In addition, civil protect socio-economic rights expressly in their national society organisations such as the Tressel Trust are bills of rights. This latter approach is the most desirable as establishing food banks not only for those on benefits but it creates a legal certainty and limits judicial discretion. also for the working poor. A right to adequate nutrition Although it is possible in the United Kingdom to apply would place this duty firmly upon government. Article 3 of the European Convention on Human Rights, There are two other principal arguments as to why which prohibits torture, inhuman and degrading treatment governments have argued that socio-economic rights ought and punishment, it was never intended to be an umbrella for not to be incorporated into United Kingdom law: non- all anti-poverty litigation. In cases of poverty and social justiciability and the entry of the judiciary into the political disadvantage, as in the Limbuela case, do we as a society arena. The argument that socio-economic rights are wish for someone to suffer such an extreme level of loss of inherently non-justiciable i.e. incapable of being resolved by dignity as to face the prospect of begging for food and courts, is factually fallacious. There is now a significant shelter before the courts can take action. ever-expanding corpus of jurisprudence which demonstrates It is this inherent generosity and support of community in clearly that courts daily reach judgment on a wide range of socio-economic rights, which makes them so consistently socio-economic rights cases. It is possible to argue that popular. Research by the London School of Economics’s politically the incorporation of socio-economic rights is not Centre for Analysis of Social Exclusion in 2005 on a Bill of desirable, but to argue that they are incapable of being Rights and a written constitution indicated that 93% wanted decided by British judges could only be based on the the right to free healthcare and 85% wanted the right to be fallacious assumption that judges in the United Kingdom looked after by the state in times of need. In addition, there are less skilful than their counterparts overseas. was a wide range of civil society organisations calling for It is also argued that to incorporate socio-economic rights additional rights in the consultation by the Commission on a into law would mean that judges would enter the political Bill of Rights. When all the human rights legally binding arena and become activist judges. Statutes, however, are on the United Kingdom are incorporated, human rights are the product of party political debates, hence this is an arena the opposite of selfish, benefitting all of society. In essence which the judiciary inevitably enter without undermining socio-economic rights transform Descartes’s cogito ergo the separation of powers. Comparative jurisprudence sum into I am because you are; the antithesis of selfishness. demonstrates that, far from being a disadvantage, court © Professor Geraldine Van Bueren QC judgments can assist in reducing the heat of some political debates. The Treatment Action Campaign case was politically charged because the then President denied that HIV was a principal cause of AIDS and the case concerned Professor Geraldine Van Bueren QC was Called to the Bar in access to anti-retroviral drugs to the 24% of pregnant 1979 and Called as a Bencher in 2012. She is Professor of women who were HIV positive; however, after the International Human Rights Law at Queen Mary, University of Constitutional Court ruled that the right to health guaranteed London and a Visiting Fellow of Kellogg College, Oxford. She is such access, South Africa embarked upon a roll out the author of Law’s Duty to the Poor (UNESCO).

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 37 H ONORARY B ENCHERS A History of the Inn’s Honorary Benchers

by Lesley Whitelaw, Archivist

hen Sir John Cust was Buckingham, the Earls of £10 in plate or the like ‘for the Called to the Bench of the Northumberland and of Cassilis, furniture of the Bench Table’) they WMiddle Temple in 1761, leading churchmen, the Venetian were permitted as Associates to the the position of Honorary Bencher was Ambassador Antonio Foscarini and Bench to enjoy all the privileges and unprecedented and for that reason the Inigo Jones following on his dignities of Masters of the Bench ceremony was fully described in the except that they would have no voice records of Parliament. However the Holding the office of Reader in Parliament. Examples of such concept of electing Honorary could be onerous and expensive Associates to the Bench were William Benchers was foreshadowed by two Periam, Chief Baron of the much earlier strands of Middle and many senior barristers Exchequer, in 1577; the elder Richard Temple membership: Admissions of sought to avoid it Hakluyt in 1585; Henry Montagu, Honour and Associates to the Bench. in 1603; Sir Admissions of Honour provided a designing a Middle Temple masque. Benjamin Rudierd (specially exempt means of admitting to the Inn After ceasing almost entirely during from paying a fine) in 1619; James prominent men who were the reign of Charles I, the practice Pagitt, Baron of the Exchequer in distinguished in fields other than the was resumed after the Resoration. 1631 (on payment of 100 marks or law, while Associates to the Bench Although men admitted in this way £66 13s 4d); Henry Calthorpe, were generally eminent lawyers who were not Masters of the Bench, the Queen’s Solicitor in 1635; Peter Ball, had been Called to the Bar at the eminence and diverse range of such Queen’s Solicitor in 1636; Bulstrode Middle Temple, but had not served as members suggest that the origins of Whitelocke, Commissioner of the Readers. the sort of Honorary Benchers elected Great Seal, in 1648 and Sir Robert The earliest Admissions of Honour from the beginning of the 20th Henley, Prothonotary of the King’s were recorded in the 16th century and century owed much to the tradition of Bench in 1663. However in 1730 this increased conspicuously in the latter Admissions of Honour. practice of Calling Associates to the part of Elizabeth’s reign. Generally In past centuries serving as Reader, Bench was discontinued, so when they consisted of eminent men who or from 1648 agreeing to Read when Cust was nominated to become a were admitted gratis to membership required to do so, was a condition of Bencher in 1761 and accepted on of the Inn by the Reader, honoris becoming a Bencher. Holding the condition he be excused participating causa, free of all the requirements office of Reader could be onerous and in the government of the Inn and from and obligations to which the general expensive and many senior barristers holding the offices of Reader and membership was subject. Many were sought to avoid it. Those declining Treasurer, it became necessary to noblemen and courtiers whose Garter the Readership were thus precluded devise the category of Honorary Arms may be seen in the heraldic from becoming Benchers; instead Bencher to accommodate him and glass of Hall or aldermen and sheriffs they were known as ‘Ancients’ and similar future nominations. It is of the City of London or merchant occupied a special table in Hall just surprising that so much time elapsed princes like William Bonde of Crosby below High Table. From the 16th until the next Honorary Bencher, Lord Place. Others were famous explorers century a small number of Robertson, Lord of Appeal, was and distinuished naval and military distinguished members who had been elected in January 1900. Since then officers such as Sir Martin Frobisher, Called to the Bar, but who had not the very regular election of Sir John Hawkins, Sir Francis Vere, Read were elected Associates to the distinguished Honorary Benchers Sir Thomas Norris and Sir Edward Bench because of their seniority or drawn from the Law and diverse other Norris. The pattern continued in the because of the judicial offices they disciplines and from many countries early 17th century with the admission held. If they paid a fine for not around the world has added greatly to of great courtiers like the Duke of Reading (defined in 1585 as at least the lustre of the Inn.

38 THE M IDDLE T EMPLAR M ICHAELMAS 2013 H ONORARY B ENCHERS The Original Honorary Bencher

ir John Cust was Called as an Honorary Bencher of the Inn Son 27 November 1761 and details of his Bench Call are recorded in the Minutes of Parliament as follows: At a Parliament holden the Twenty seventh Day of November 1761 Ordered that the Form and Manner of Mr Speaker’s being received on his Coming up to the Bench be entered into the Book of Orders of Parliament of this Society. At a parliament held on the sixth day of November 1761 Upon a Motion made by M[aste]r De Grey One of His Majesty’s Counsel, the Right Hon[oura]able Sir John Cust Baronet having been chose Speaker of the House of Commons was unanimously nominated to be one of the Masters of the Bench, which Nomination being communicated to him (according to Order) by M[aste]r Treasurer and by M[aste]r Norton and M[aste]r Blackstone two of his Majesty’s Counsel, he was pleased to declare his assent thereto. When the Speaker came to the Temple, the head porter in Form waited on him from his Coach to the steps leading into Hall, where (attended by his Chaplain, Secretary, Serjeant-at-Arms, and Train-bearer) he was received by the Treasurer, introduced into the Parliament Chamber and addressed by Each Master then present: His mace being left there, his Attendants retired into a Sir John Cust, 3rd Bt, (1718-1770) in his robes as Speaker of the House of Commons. parlour appointed for their Reception, Painted by Sir Joshua Reynolds, the portrait hangs in The Marble Hall at Belton House, where they and the Under Treasurer Lincolnshire. ©National Trust Portrait Library/John Hammond dined together. When dinner was ready and set on the table in the Temple Hall, the the Parliament Chamber to which Reader or Treasurer; but to pay all Speaker, on the Right Hand of place M[aste]r Cust his Chaplain was Duties then due and growing due. M[aste]r Sewell the Senior King’s immediately invited, and accordingly The whole Entertainment was Counsel, went thither and was seated came. provided at the Expense of the in an armed Chair at the upper End of The Speaker chose to be Society, including an additional Dish the Bench Table, and after dinner re- considered only as an Honorary and two Bottles of Wine given to conducted in the same manner into member, not liable to be Elected each Mess in the Hall.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 39 T HE LORD M AYOR A Burst of Energy by Master Fiona Woolf, Lord Mayor of the City of London

There can be no greater honour one global financial centre, as a place be quite a pioneer. She redesigned for a solicitor than to be elected in which and with which to do the two versions of the mayoral “as an Honorary Bencher of business. uniform, a form of 18th century court Middle Temple. We do A few months after I had finished dress –- in velvet and in wool. Her know our place in the legal hierarchy! my term as President of the Law predecessors had worn tailcoats with What a delight to become a Middle Society, I was elected Alderman for breeches and tights and a lace jabot or Templar after years of coming to the Ward of Candlewick, in the heart silk stock. Being quite small, she dinners and events in my favourite of of the Square Mile, to represent the neatly redesigned it into a skirt and all Halls and one that had welcomed people who live and work there on box jacket. Shakespeare under its celebrated roof. the Court of Common Council of the The Lord Mayor is elected at the If that were not enough, I gather that I City Corporation, which is the local end of September by the members of am the very first solicitor to be so authority or municipality for the City all the Livery Companies, having honoured – all the more remarkable -– the oldest continuing democracy in been approved as a candidate by a as my very unusual career took me to the world. It is from the members of committee of ‘the great and the good’ over forty countries to implement the Court of Aldermen that the Lord in the City and by the Court of reforms to the electricity industry. I Mayor is elected. We are all Aldermen. He or she takes office on could not have been made to feel independent members, and do not the second Friday of November and more special and welcome. follow political party lines. the Lord Mayor’s Show takes place I must thank the Inn for stretching Candlewick is a microcosm of the on the second Saturday. It is really out so many hands of friendship to City with foreign banks, asset the People’s Parade but the Lord the solicitors’ profession during my managers, hedge funds, insurance Mayor sets the theme. This year the long career with the Law Society that brokers, underwriters and re-insurers, Lord Mayor’s Parade took place on culminated in my becoming President commodity and foreign exchange Saturday, 9 November and the theme in 2006-7. I had travelled with many traders, lawyers and a plethora of was ‘The Energy of Life’ – and there Middle Temple Chairmen of the Bar small specialist businesses including were fireworks this year! to promote the interests of both international recruitment agencies, PR Middle Temple has had its fair professions and the judiciary consultants, property developers and share of Lord Mayors and I am sure internationally and, who knows, ship brokers. that they have all been well supported maybe they felt that I was one of What makes the City great is not by the Inn in their roles and in their them. just its great cluster of businesses and charitable appeals. As 2014 will be We frequently joined the professional services but also the Shakespeare’s 450th anniversary, delegations of the Lord Mayor of diversity of its talent at all levels Middle Temple will kindly be hosting London on his overseas visits. His which give it the creativity and ability a ‘birthday party’ to raise funds for door-opening powers would get us in to innovate that are key to its the Appeal. to Ministers of Finance and Trade, sustainability. The City does contain The Lord Mayor’s Appeal is now a which we could not achieve on our outstanding global female talent but registered charity in its own right with own. It enabled us to make the case we do need to see more women in the permanent infrastructure. This for liberalisation of legal services and top positions, particularly the senior enables Lord Mayors to add more market opening. Little did I realise at executive positions. value by supporting smaller that time that I might wind up as only We have only had one female Lord community-based charities and the second woman Alderman to Mayor in the City and that was in helping them to raise their profiles. become Sheriff of London (since the 1983-4. Dame Mary Donaldson was This year the Appeal will even 10th century), supporting the Lord the wife of Sir John, a very support the start-up of an entirely new Mayor in all aspects of his role, distinguished Middle Temple Bencher charity called The City Music including promoting the whole of the who was Master of the Rolls when I Foundation as well as trees, art and UK services sector overseas and the was Chairman of the London Young young people. After 8 November, the City, which is – still -– the number Solicitors Group. Clearly, she had to four charities that will be in the

40 THE M IDDLE T EMPLAR M ICHAELMAS 2013 T HE LORD M AYOR spotlight all punch above the weight patients with this very treatable agency for women offenders that that their size would imply. but second largest cancer killer successfully integrates them back • Princess Alice Hospice – • Raleigh International – into society developing the use of technology transforming the skills of young The title of the Appeal will be ‘The to reach more people at home in people as they become the agents Energy to Transform Lives’. There is a way that can be shared of sustainable development in plenty of choice in the good causes • Beating Bowel Cancer - raising poor, rural communities that everyone can support. For more awareness and supporting • Working Chance – a recruitment information visit www.thelordmayorsappeal.org

privileges of the Temple occurred in Lord Mayors and the Inn 1668 when the Lord Mayor attended a Lent Reading at Inner Temple with the Sword of Justice borne aloft by Lesley Whitelaw, Archivist before him as the symbol of his civic authority. He encountered such a n Tudor and Jacobean times the London Bridge into the Thames hostile response that he was forced to Middle Temple had numerous below, the young apprentice dived seek refuge in private chambers ILord Mayors of London among into the river and rescued her – for before he could scuttle back to the its membership. Hall famously which act he was many years later City in safety. The second incident provided a place for lawyers and rewarded by marriage to her and in occurred during the devastating fire of students to dine, debate, dance, revel due course he inherited his father-in- January 1679 when, according to and carouse with men outside the law’s extensive business and estates. Roger North’s account, the assistance legal profession such as courtiers, He traded very successfully with of the Lord Mayor was spurned and navigators and explorers and the rich Spain and Turkey and was his sword was beaten down by angry and influential merchants, aldermen instrumental in obtaining a charter for members of the Inns who preferred to and sheriffs of the City of London. the Turkey Company, becoming its forego his help ‘rather than connive at Much Elizabethan and Jacobean first governor. such a precedent to be made in exploration and many trading In the final decade of the 16th derogation of their liberties’. ventures and colonial enterprises in century and the first two decades of Fortunately subsequent relations with which Middle the 17th several leading alderman and have been happier. Sir David Templars were closely associated no fewer than eight* Lord Mayors Salomons, the first Jewish Lord were funded by City merchants. holding office between 1602 and Mayor (in 1855), one of the first The most eminent members of the 1616 were admitted to the Middle Jewish magistrates and a leading Inn at the time Middle Temple Hall Temple honoris causa – the figure in Jewish emancipation as well was built were commemorated in equivalent status of Honorary as an authority on joint-stock heraldic glass windows dating from Benchers today. banking, was admitted to the Middle the 1570s. Among the surviving glass This happy state of amity between Temple in 1846 and was Called to the is an armorial shield and an the City of London and the Temple Bar here in 1849. More recently, Sir inscription ‘Edward Osborne, Inns was rudely shattered later in the Gavyn Arthur served as Lord Mayor Alderman’ (as he was from 1573 and century by clashes over the status, in 2002, an event celebrated by a Lord Mayor as he was to be in 1583- inherited from the time of the Knights dinner in Middle Temple Hall. 4). The story of Osborne’s rise is a Templar, of Inner and Middle Temple remarkable one. As a boy he was as liberties: although situated within *Robert Lee (1602); Sir Thomas apprenticed to a prominent merchant the boundaries of the City of London, Lowe (1604); Sir John Watts (1606); and cloth-worker, Sir William they are not subject to the jurisdiction Sir Henry Rowe (1607); Sir Thomas Hewlett. When a careless nurse of the Lord Mayor. The first rowdy Campbell (1609); Sir John dropped Hewlett’s infant daughter confrontation between a visiting Lord Swynnerton (1612); Sir Thomas from the window of an apartment on Mayor and members upholding the Hayes (1614); Sir John Jolles (1616)

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 41 E XTRADITION To Return or Not?

Lecture by Masters Alan Moses and Scott Baker

Edited by Master Ros Wright

discussion of extradition both into and from the the offence for which he is extradited. The extradition must United Kingdom could not be timelier. also be compliant with the European Convention on Human AArrangements with the United States have lately Rights. Extradition under Part 1 is in consequence of a been the subject of a great deal of media and political judicial order in distinction to Part 2 where the Secretary of interest with cases such as Norris, the NatWest 3, State has the last word. Mackinnon, Tappin and O’Dwyer attracting publicity. Master Scott Baker explained that, broadly, the European More recently, the Government has pledged to opt out of Arrest Warrant works well. With cross-border crimes and all the pre- Treaty criminal justice provisions and criminals becoming ever more sophisticated, it was obvious negotiate to re-join individual measures where that is in the by 2003 that changes to the old arrangements, or the lack of national interest. Key among the pre-Lisbon measures is the them, were needed, and it is sometimes forgotten that it is European Arrest Warrant, which has equally been acclaimed now much easier to retrieve our criminals from many as a huge step forward in the fight against crime to European countries. streamline the return of fugitive criminals to the UK and However, successful extradition arrangements have to be condemned as a blunt instrument used indiscriminately to based on mutual trust and confidence. No two States have force UK citizens to face trial abroad for trivial offences or identical criminal justice systems and those of some of our where there is scant evidence to incriminate them. Part 1 partners leave a good deal to be desired by United In January, two eminent authorities discussed the finer Kingdom standards and improvements, particularly in six points of extradition law and practice in Middle Temple areas, need to be made: Hall. Masters Moses and Scott Baker enlightened and First, where a sentence is twelve months or less the judge entertained a packed audience on this fraught topic. at the extradition hearing should have power to refuse to Master Scott Baker took as his theme, ‘Extradition from surrender a convicted person where he is a British resident the United Kingdom: Is it fit for purpose?’ He explained or national or staying in the United Kingdom. Second, in the basis of extradition -- the legal process by which the case of lengthier sentences it should be made easier for persons accused or convicted of crimes are surrendered a sentenced prisoner to be transferred to serve his sentence from one State to another for trial or punishment, a two-way in his home State. Third, the European Arrest Warrant street, usually based on treaties or conventions entered into needs to be used proportionately e.g. not for trivial offences. by Sovereign States. Fourth, steps need to be taken to avoid disproportionately The Extradition Act 2003 created a new statutory regime. long pre-trial detention. Fifth, the so-called Schengen alert Part 1 emanates from the Council Framework Decision of system should be changed. When a State issues a European the European Union made on 13 June 2002. It covers Arrest Warrant it is flagged up in all the Member States that extradition between the United Kingdom and the other 26 the subject of it is wanted. Even if his extradition is member states plus Gibraltar. The vehicle is the European rejected by the State in which he is apprehended, the flag Arrest Warrant and the underlying philosophy is that those remains unless and until the issuing State removes it, which wanted for trial or punishment should be swiftly often it does not. Sixth, legal representation ought to be surrendered from one State to another. Following arrest a available for the individual both in the issuing State and in judge decides whether extradition is barred for any statutory the executing State. reason. The main bars are double jeopardy, extraneous There is an imperception that the arrangements with the considerations, passage of time and specialty. An USA are imbalanced. The present position is that requests extraneous consideration is where the claim for extradition from the United States require ‘probable cause’ and those is motivated by reason of race, religion, nationality, gender, from the United Kingdom ‘reasonable suspicion.’ In sexual orientation or political opinion or where the practice both expressions mean the same; both are the test individual would be prejudiced at trial or his liberty for the issue of a domestic arrest warrant. Furthermore, restricted for any of these reasons. Specialty means, before a request for extradition from the United Kingdom broadly, that the person extradited can only be dealt with for can leave the United States it has to cross the ‘probable

42 THE M IDDLE T EMPLAR M ICHAELMAS 2013 E XTRADITION

cause’ threshold. replied, the court refused to extradite. Master Scott Baker also addressed the vexed question of Master Moses commented, with some irony, that it’s not forum - in which country a person should be tried - but all bad news for the requesting states. has a high suggested that that is an issue on which the politicians will success rate in seeking extradition for those who have ultimately have to decide the ground rules. Whatever system handled spare parts of second-hand motor cars some five of extradition is operated it is important that the public years previously and Portugal successfully obtained should have confidence in it. extradition of a fireman, who had left some four years Master Moses, who, as a Lord Justice of Appeal, has earlier. presided over many high-profile extradition cases, reflected A young man was accused of bludgeoning his best wryly on the opportunity that extradition presents to stymie friend, who was paraplegic, to death, in France. He the UK judiciary in its attempts to demonstrate that innate confessed and then withdrew his confession and accused his and quintessential attribute for which it is justly famous - an father. His father had an alibi: he was dining that night with effortless belief that (our) system of justice is better, and the Chief of Police. The son then accused his mother. She woe to the poor requested person who will be compelled to had by that time come to live in England with her other face trial in Latvia, Poland or Greece, or, if already children. She was arrested on a European Arrest Warrant. convicted, languish in an Azerbaijani centre of detention. Master Moses was rather keen to find a way of allowing the Commenting that, though speed in extradition should be appeal. But when he went into court he changed his mind. of the essence, sadly the intention falls miles short of the There before him was one of those Chabrol beauties, rather reality. The authors of the Framework Directive and the Act like Stephane Audran, but a little faded. She was plainly a paid scant regard to the consequences of consigning the murderess and he whispered to his somewhat startled jurisdiction to the hard-pressed few senior District Judges at colleague that he thought they would have to uphold the Bow Street, who understandably enough are often unable to extradition. Half-way through the case there was a sit on a sufficient number of consecutive days, nor did they commotion and a very large lady attempted, with great reckon on the ingenuity of counsel, and, in particular, the difficulty, to negotiate the benches in Court 1. When she sat deployment of arguments under Article 3; prison conditions down she began a long whispered conversation with the in a far off jurisdiction; harshness of punishment; Article 6 beautiful murderess behind. Thoughtful as always, Master inadequacies of a trial system; or the consequences for the Moses asked what the matter was. He was told that family, the young children left behind in the UK. Madame apologised for being late and was having a hasty He cited examples of the delays, including Tollman in conference with her interpreter, his erstwhile murderess in 2008. There had been eighteen hearings in total, five since the bench behind. They allowed the appeal. 2006. The defendant was finally discharged because he was It is small wonder, Master Moses observed, that too ill to go back to US in 2009. But the fraud had taken requesting states might look wistfully at the successful place in 1993, he was indicted in 2002 and the request made career of Dr Schultz, the bounty hunter who unchains in 2004. Django. Delays had a rather happier outcome for the requested person, a former Iranian ambassador to Jordan, in Tajik. He was accused of exporting forbidden equipment from the USA in 2006. His extradition was sought by the US and resisted on grounds of ill health. This plea failed in 2008; he then had more heart symptoms, which led to further request to reconsider to the Home Secretary. After about a year it emerged that medical advice did not support his argument against being extradited. But in the meantime the UK was worried about the situation in Tehran. Would there be danger to our man in Tehran should Tajik be extradited to the US? The Home Secretary asked the FCO to ask the US whether they really did want him. There was no Master Scott Baker (right) chaired a Government-appointed response. Eventually they decided they did, but by then the panel to review extradition arrangements, which reported in, 28 day period after the Order had long since expired and in 2011. the absence of any explanation of why the US had not Master Alan Moses (left)

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 43 B OOK R EVIEW Relocation: A Practical Guide

Review by Emily Rayner

ith the growing ease of clients on relocation. The book fully international travel and achieves this aim and would be a Wcommunication, families valuable addition to the family are no longer confined to individual lawyer’s library. As suggested by the countries but are increasingly title, it is a practical guide to all transnational. Correspondingly, the relocation cases: internal, transnational family presents a international, forever and temporary. burgeoning area of work for the It comprehensively covers the law of family law practitioner to grapple relocation, discusses where relocation with, not least when one parent seeks law might be going and offers to relocate internally or practical tips on how to run a internationally with the children relocation case. With the added following a breakdown of the original benefit of Dr Rob George’s empirical family. research into first instance decisions Behind this growing area of (yet to be published), there are dispute, the Family Division is facing fascinating preliminary insights into seismic shifts in its fabric. For a while how actual relocation cases proceed where lawyers simply can’t be on the ground. The book goes further afforded, the book would provide a The most striking feature of than this, however, and while not helpful guide to the increasingly Relocation: A Practical Guide is overtly saying so, addresses the huge common litigant in person. shifts within the Family Division in By providing first an introduction the constant promotion of a the context of relocation disputes. to relocation law and then dividing collaborative and co-operative The most striking feature of the chapters into the various steps Relocation: A Practical Guide is the along the relocation process, it means approach to resolving relocation constant promotion of a collaborative the parent can dip in and out of the disputes and co-operative approach to book to find guidance and advice resolving relocation disputes. The tailored to his or her specific issue at now there has been an increasing popular myth of the family lawyer a particular point in time. The text is policy focus on a move away from actually promoting conflict for their accessible and, after the first two litigation as the answer to many own ends is fully debunked by the introductory chapters, the more family problems. In conjunction with authors who, at every stage of the complex law or academic thoughts this, legal aid funding for parents was process, upon the readers are largely confined to footnotes. removed from the majority of private (and specifically any parents) the There are practical tips for parents law children disputes in April 2013. need to think about the effect of peppered throughout the book, The reality is that in the coming years conflict on the children embroiled in including what to expect at a First fewer cases involving children will the middle of the dispute. Hearing Dispute Resolution make it into the court arena and those The authors have written an Appointment, how to impress a which do will increasingly be without accessible book which could be Cafcass officer and even the Court of the benefit of specialist family law picked up by the relocating parent or Appeal’s telephone number. advice. the parent seeking to prevent Moreover, the appendices include In the introduction to Relocation: A relocation at any stage during the extracts from the leading cases, Practical Guide authors Frances Judd process. One imagines that the Practice Directions and examples of QC and Damian Garrido state that authors intended this as a supplement application forms. The authors have their primary aim is to provide a to the individual advice provided by successfully demystified the handbook which brings together in the parents’ lawyers. However, with relocation dispute process and, one place all the information needed the growing number of cases where perhaps unwittingly, talked for family law practitioners advising legal aid is no longer available and themselves out of a job.

44 THE M IDDLE T EMPLAR M ICHAELMAS 2013 ACADEMICS

4th FEBRUARY 2013 Academics’ Dinner by Master Dawn Oliver

One hundred and forty academics, practitioners and judges dined together in Hall at the second Academics’ Dinner. Every area of law and practice seemed to be represented. After dinner, Master John Dyson, Master of the Rolls, spoke about the value of academic writings to judges, even if they disagree with them, and the value to academics of having court decisions to criticise. The relationship, he said, was symbiotic, and flourishing, and often strengthened by a shared love of gossip. Master David Lloyd Jones, Chairman of the Law Commission, felt that his was the best job going, the perfect blend of the academic and the practical. He expressed his gratitude and that of many judges and practitioners to academics for their contribution through their teaching to the future of the profession, and through their scholarship to the development of the law. He recognised the importance of seeing the ‘bigger picture’, which is often difficult for those at the coal face but is part of what academics have the time to do. If anyone had ever doubted whether the two sides have much to say to each other, the evening proved otherwise. In fact it was rather noisy with lively conversations and discussions about the law being enjoyed at every table.

Professor Dan Sarooshi, Masters Stephen Oliver, Richard Jacobs, Peter Murphy and Francis Jacobs and HHJ Michael Hopmeier with others enjoying the Academics’ Dinner

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 45 B OOK R EVIEW Banker, Traitor, Scapegoat, Spy The Troublesome Case of Sir Edgar Speyer

Foreword by Master Louis Blom-Cooper

There is a danger, not to be to deprive a prominent national figure review. underestimated, in resurrecting of British citizenship and his position The Committee’s conclusion that “past miscarriages of justice, with as a Privy Councillor, along with the Sir Edgar’s conduct (or misconduct, if the prospect that glaring faults of citizenship of his family, makes for you will) fell foul of the statutory yesteryear will illuminate lessons to compulsive reading. Professor Lentin provision of ‘disloyalty or be learnt today. Very often the displays a helpful lucidity. disaffection’ was a total failure to defects of such cases will have been That Sir Edgar, with his German apply a legal mindset to an odd cured by subsequent judicial rulings heritage and youthful background (he phraseology. That terminology in the or legislative action. What remains is lived in until the age of 25), British Nationality and Status of the intrinsic interest only; legal committed indiscretions that Aliens Act 1914 (as amended in history has, of course, its own warranted official censure cannot be 1918) survives in the same form to fascination. This book is a classic gainsaid, although, significantly, there this day by virtue of the Nationality, example of avoidable damage. were never any criminal proceedings Immigration and Asylum Act 2002, Professor Lentin does not merely for offences relating to association even though the language is more revive an unfamiliar story of an with, and even indirect assistance to, than a little outdated. A more modern incidence of social injustice, but also an enemy with whom Britain had formula appears in the European uncovers a lamentable tale around the been at war. But did those matters, Convention on Nationality, to which time of World War I of political which were intrinsically quite serious Britain is a signatory but has not bigotry and social ostracism, born out – they were more than public ratified; and, of course, the Human of nationalistic hostility, partisan indiscretions – constitute ‘disloyalty Rights Act 1998 would nowadays politicism and an undercurrent of or disaffection’ towards the Crown? come into play as a controlling factor anti-semitism – a lesson to us all. The three-man Committee of Inquiry over the granting and deprivation of The chemistry of the legal process (a High Court judge [Mr Justice naturalisation. Deprivation is still and political intrigue that engulfed Sir Salter], a county court judge and a considered to be available to the Edgar Speyer and his family needs prominent citizen) in a fourteen-page Government as a sanction that can be unravelling. The ultimate procedure report made to the Home Secretary in taken against those who act in a way December 1921, long after the war that is seriously prejudicial to British had ended, was singularly interests, over and above the uninformative, beyond largely rubber- operation of the criminal law. Be that stamping the Conservative-dominated as it may, the deprivation of Coalition Government’s submissions citizenship has always been regarded that Sir Edgar should be deprived of as a very serious step, to be taken British citizenship under the alien and only in the most flagrant cases of citizenship legislation of 1914-18. deception or disloyalty. It is a Public opinion at the time was sanction that has been employed on divided, and nothing since has very few occasions. And recent case pointed to a clear verdict. Professor law has affirmed the principle that Lentin, with conspicuous even- ‘disaffected’, as well as the word handedness, inclines slightly to favour ‘disloyal’, requires an attitude of a record of ‘not proven’. His mind – be it noted – towards the authorship is all too judicious and Crown to which allegiance is owed: modest. The lesson for us is to ‘To be disaffected is to be estranged beware a process that was gravely in affection towards an entity to deficient and at that time under- which one owes allegiance or with regulated, in two respects, by judicial which one at least has a relationship1’.

46 THE M IDDLE T EMPLAR M ICHAELMAS 2013 B OOK R EVIEW

Loss of affection is not enough. Secretary. No longer a British was his decision also to deprive Sir Nothing like that appears in the Slater subject, Sir Edgar automatically Edgar’s wife (a distinguished Committee report of 1921. If the ceased to be a Privy Councillor. For violinist) and their three teenage Committee had approached the reasons to do with official daughters of British nationality. It is language of Parliament seriously and understanding about the Royal a mark of splendid rebuke to the considerately – in the way anybody Prerogative (very differently Conservative Government of that day would today and as the Committee understood today), Sir Edgar was not and age that all three daughters (who should have done under the stripped of his baronetcy, although he were British by birth) subsequently 1914/1918 Act – a result favourable never used the title thereafter. The returned to live in England, two to to Sir Edgar should have been arrived Home Secretary was not obliged in live here permanently, the third in the at. Judicial review today would have the law relating to public inquiries vanguard of the US forces in World seen to that. (then or now) to accept or act in War II. That they were granted leave What is worse is that the Home accordance with the Committee’s to remain in England is small Secretary of the day, with whom the recompense indeed. ultimate decision lay, seems totally to We should be grateful to Professor have ignored the legal issue, in which “What is worse is that the Lentin for rediscovering an episode of he had had some advice to the Home Secretary of the day… World War I. The case of Sir Edgar contrary from a government lawyer, Speyer has been described as a ‘minor and adopted a stance that would not seems totally to have ignored the tragedy of the war’. So it was, but it today have survived judicial scrutiny. legal issue…and adopted a was more than that. It reflected no The Committee’s report in its credit on a legal system that had introductory paragraph recites Sir stance that would not today always prided itself on protecting the Edgar’s 27 years of life in England in have survived judicial scrutiny” individual against the might of the glowing, if understated, terms: ‘He State. It did not merely fail one was a very prosperous and successful prominent citizen; it blotted its own man; he was the head of a great recommendation. In the ensuing copybook. Moderately expressed, Sir business (merchant banking); his debate in the House of Commons, the Edgar described the deprivation of his wealth was large; he was the friend of previous Home Secretary, Sir George British nationality as ‘an unrighteous distinguished persons (including the Cave, pointed out that the final action’ by a civilised nation long after Liberal Prime Minister, Mr Asquith, decision had to be made the war had ended, governing with, at who publicly in 1915 had declared his independently of the Committee. Sir the very least, evident vengeance and confidence in Sir Edgar); he was a George rightly stated: ‘The act is the absence of humanity. As was said by munificent patron of music (he act of the Secretary of State, and not the Trojan lord, Pandarus, a public rescued Sir Henry Wood’s Promenade of the Committee’. Peremptorily and administrator’s mantra should be: ‘Be Concerts – the BBC Proms – from in a decision that would today be moderate, be moderate’2 inevitable collapse); his charitable judicially reviewable, the Home bequests were many; he took an Secretary followed internal advice 1. per Pill LJ in Secretary of State for the Home Department, ex parte Hicks [2006] EWCA Civ 400, para active and useful part in hospital that he was bound to endorse the 32. management. He was created a Committee’s legally unreasoned 2. , Act IV, scene 4, line 1. baronet in 1906 and sworn to the verdict. He was wrong. Privy Council in 1909’. All this The fact that Sir Edgar was driven conspicuous philanthropy and into exile to the United States in June contribution to cultural and public life 1915, never to return to live in in Britain – which included financing England, dying in 1932 aged 70, the construction of much of the hardly merited the loss of British London Underground – was deemed citizenship, and even less so his Privy irrelevant by the Committee. If Councillorship – a sinecure to a non- rightly so, it should not have been politician. It all betokened of an Louis Blom-Cooper practised mainly in irrelevant to the Home Secretary of unyielding prejudice against a public law. He taught criminology and the day, although if Sir Edgar’s distinguished man, at the very least penology at Bedford College, University intention to disaffection was the totally harmless to the interests of of London from 1961-1981. He co- statutory test, his contributions to Britain in 1922. If one needed edited The Judicial House of Lords British cultural life were, in my view, evidence of unbridled bias, and 1876-2009 (OUP, 2009) and served as a relevant consideration for the moreover an irrational decision by the the Chairman of the Library and Archive tribunal, and certainly for the Home Home Secretary, Sir Edward Shortt, it Committee from 2004-2008

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 47 S OUTH A FRICA L EGAL C ONFERENCE

SEPTEMBER 2012 Legal Conference in South Africa

by Master Louis Harms

t was wet and cold. Very wet and of the Cape Winelands, was that of and the scope and protection of very cold. Typical English Master Treasurer who fell for the certain human rights. The Iweather. Ideal weather for a Cape and its fruits during a previous universality of these issues soon conference of the Honourable Society conference under the baton of Master became apparent and, in spite of the of the Middle Temple and its guests. Stanley Burnton (whose presence was geographical and other divides We sat like members of an noted). Franschhoek is a corner between the South and England as orchestra in a half moon with the where the Dutch East India Company representative of the Northern 2012 Treasurer, Master Anthony dumped some French Huguenot hemisphere, speakers tended to strike Clarke, as conductor. His first families at the end of the 17th century the same chord, although some notes announcement related to a change in to keep them out of harm’s way and jarred the ear. the dress code, considering that he to prevent them from corrupting the The topicality of the papers had left his business suit at home. Dutch colonists. The estate derives appeared from the first session, which His second concerned the application its name from the avenue of dealt with the right of privacy versus of the Chatham House rules, hence impressive but invasive Australian the freedom of the press. The subject the paucity of detail in this note. bluegum trees. And the use of French was set after Wikileaks but long After this refreshingly brief opening names has become a marketing ploy before the latest semi-public and and a word of welcome from Dame in an area where the only French private performances by a member or Nicola Brewer, the British High influence left is the double negative in two of the Royal Family. In the one Commissioner and Honorary Bencher the Afrikaans language. The Dutch, instance the solution was a swift tour of Middle Temple, and one from a co- I’ll have you know, were the first to Afghanistan, in the other a swift host, the session chairmen (or chairs, winemakers in the Cape. For trip to French courts. The irony of as we are wont to say) and speakers additional historical local flavour: the the Royal Family having to resort to took over. mountain range is known as the French courts to protect its privacy If the eye wandered while Hottentot-Hollands range. while English law is struggling to pondering some profound Conferences, especially those come to grips with the concept was pronouncement by a panellist or concerned with law, are not only not missed, though tactfully not participant (or because the said person about wine tasting and fine dining and mentioned. We were reminded that fancied himself as a horse whisperer) rekindling old friendships and forging discretion is the better part of law and to the outside, it fell on a vineyard, new ones. They are also about that the view that one could be frank oak trees and a mountain range. And serious matters. In this case, as was or indiscreet in private is no longer an you realised again that, in spite of the the position in 2010, the focus was on option. Privacy has become a English weather, you were a number of subjects relevant to both celebrity issue and the rights of the somewhere else. We were in fact in English (used in a non-generic sense) common man or woman either do not the Cape of Good Hope and and (principally) South African arise or are impossible to enforce. Occasional Bad Weather. At a barristers (advocates) and judges. I Recognition of the right is of little vineyard, or rather a ‘wine estate’, say ‘principally’ because there was value without an effective named Allée Bleue, at Franschhoek in also some nominal representation enforcement mechanism. South Africa. The English Bar at a from places such as Namibia, This session also highlighted a French wine estate at a Dutch village. Mauritius and Lesotho. conceptual divide between the That requires some explanation. The conference had no particular common-law approach and what we The choice of venue, described in topic although the recurring South Africans consider as a more the promotional material as the Heart underlying theme was the rule of law principled approach to the subject.

48 THE M IDDLE T EMPLAR M ICHAELMAS 2013 S OUTH A FRICA L EGAL C ONFERENCE

Our common law has always deliberates). It, in turn, was subject, contribution from the General Council recognised the right to privacy and at least in theory, to the jurisdiction of of the South African Bar) and from that an infringement of the right the South African Development the visible Catherine Quinn and amounted to a ‘tort’. The only Community's tribunal, which could invisible Kristine McGlothlin. problem that we have is to determine adjudicate human rights abuses by The delegates, well fed, well whether or not an infringement could member states at the behest of private fuelled, and well informed, returned be justified, and justification depends individuals until, after the first home where it was wet and cold, very on reasonableness in the light of judgment against a state, the right of wet and very cold. Typical English public policy considerations. the individual to engage the court was weather. But this time where it Unfortunately the right of freedom of summarily abolished. That it belonged - in England. the press, which is not of a higher occurred on the day of the Marikana value, is trumping the rights of the ‘event’ was eerie. individual in spite of the fact that truth on its own is not considered in South Africa to be a justification As the saying goes, what is above public interest. And, as the saying goes, what is interesting to the interesting to the public is not public is not the same as the public the same as the public interest interest. Related to this was the discussion of secrecy, security and fair trials. Other topics related to reflections Fortunately, I have not been on the courts of ultimate appeal in our appointed as rapporteur of the session respective countries, corruption and because the divergence of view access to justice, and the meeting among the English themselves or, for ended on the third day. By now it that matter, the locals, was such that a was not only raining - the wind was Until 2011, Justice Harms was Deputy sensible rendition of the discussion is howling in the Cape of Storms. President of the Supreme Court of not possible. The session on the trias Barring that fact, the conference was Appeal of South Africa. He practised politicas was as inconclusive as far as a great success. If only it could be an from 1966 to 1986 at the Pretoria the English participants were annual event. Bar, took Silk in 1981 and was called concerned while the locals had little It is time to disclose the identity of the Bench in 2012. He is an editor of difficulty with the issue, simply the local co-host. It was the law The Law of South Africa and author of because it is difficult to entrust basic faculty of the University of The Enforcement of Intellectual rights to a Parliament dominated by a Stellenbosch whose founder, Property Rights: A Case Book. He has party with no fear of being voted out Professor Mortimer Malherbe, had been actively involved in the drafting of of office. been a member of the Middle Temple intellectual property statutes and amendments to criminal procedure law London has to keep its eye on on merit. Lastly, the conference such as plea bargaining and drafted Strasbourg and while the could not have taken place without the rules of ethics for judges. He Supreme Court of Appeal in the ambidextrous multi-taskers in the occupies the Adams & Adams Chair in Bloemfontein must watch out for form of Master Jeremy Gauntlett Intellectual Property Law at the Braamfontein where the (ably assisted by the Cape Bar and University of Pretoria and is a door Constitutional Court sits (and with some non-vegetarian tenant at 4-5 Gray’s Inn Square.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 49 CAFOD The Valuable Work of CAFOD by Master Catherine Newman

aster the Rt Rev John (and often moving) travel diary later said of that visit: ‘These are Arnold, Auxiliary Bishop wherever he goes, which he kindly let people who have come to the end of Mof Westminster, and I are me see so that I could prepare this their ability to cope. In one both Trustees of CAFOD, the major short piece on behalf of us both. That community when we asked about development charity. CAFOD works Kenyan visit included going to the food stocks, they held out some small with more than 450 local partners in Isiolo in Northern , severely plastic bags with some berries. There 40 different countries of the world. In affected by the devastating drought were also some nuts from the acacia recent years each of them has visited which hit the region in 2011, affecting tree which they feed to the livestock, some of CAFOD’s local partners to over 13 million people. CAFOD but most of the livestock is dead. We see the work being done. Master donors raised £5.2 million for its East saw a few goats left, there were a John Arnold visited the Democratic Africa drought appeal, providing not couple of chickens, but the rest of the Republic of the Congo, Rwanda and only emergency food and water livestock has either been sold off or Kenya in the summer of 2011. Each supplies but also helping farmers to died. Even when the rains come and stage of his many trips could furnish re-plant their crops and pastoralists, they can begin to grow their crops much interesting material for articles who rely on livestock for a living, to again, they have lost all that as he keeps a detailed, fascinating re-stock their herds. Master Arnold investment in their future.’ CAFOD

‘CAFOD works with local partners who understand what is going on. One of the greatest strengths of the Catholic Church is that it is in all these regions already. There are priests, there are catechists and lay people in the church in all these communities, and CAFOD is working with them. It just takes determination to meet those basic needs.’ In the spring of 2012, I visited some of CAFOD’s work in Zambia. Three-quarters of its 10 million people live on less than 60 pence per day. At independence in 1964, Zambia was a major copper producer, but declining copper prices and prolonged drought seriously damaged Zambia's economy during the 1980s and 1990s. Amongst those I met were CAFOD partners working to improve labour conditions in Chinese- Photographs Simon Rawles/ CAFOD run mines, using Jesuit-prepared local Rosena drinking water in Zambia price indices for basic baskets of goods to support negotiations for a and the drugs make them hungry. and in particular about CAFOD’s living wage for workers. Zambia has the third worst rates of work for the emancipation and The HIV epidemic has become a hunger in the world according to the development of women and girls, and dominant health and development latest UN figures and CAFOD’s local in the field of human rights, but I problem in Zambia. The HIV partners are calling the situation a leave the last word to Master John prevalence rate among adults is ‘time bomb’, with many people Arnold. What does he say to critics estimated at 21.5%, though recent taking ARVs coming off the treatment who say aid creates a culture of figures show an encouraging decline as they lack the money for food dependence? ‘Quite simply, I know in the prevalence among young whilst others are refusing to start aid works. I have seen it working. adults. From what we could see, urgently needed treatment for the And I have seen in the places I visited ARV drugs were in plentiful supply in same reason. So the treatment groups of people who are proud and local clinics. However I learned that programmes that have been most do not want to ask for help but are the cost of food is rising and people successful give people food alongside driven to. They ask for the minimum. are increasingly struggling to afford their ARVs, as well as helping people If we provide the minimum, they will the balanced diet essential for the to earn a living. I met a delightful work very hard to provide for success of the treatment. Without family with many children, the anything else that they need. People enough to eat, the drugs cause serious parents both HIV positive, and some do not want to receive charity. They nausea and vomiting, and bring of the children also, brought back to want to be proud of what they can do severe abdominal cramps. We met good health and independent living on for themselves.’ clinic workers who said that mothers, their small farm, as a result of the For more information visit in particular, stop taking the drugs work of one such project. www.cafod.org.uk because they do not have enough to It is impossible to say as much as eat for themselves and their children, one would wish in such a small space,

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 51 B OOK R EVIEW Free Country Selected Lectures and Talks

Review by Master Robert Seabrook

his fresh and relevant system that is ‘so immoral and unjust collection of lectures and as to be totally repugnant’. If so, Ttalks, given by Sir Sydney does that mean that the advocate Kentridge QC between 1979 and ‘must simply resign from the system’? 2011, is testimony to a man for whom In a measured and thoughtful the ethics and morality of practice at analysis, by reference to many the Bar have been axiomatic during a intriguing, and sometimes chilling, long and challenging professional cases in which he was involved, he career. The late Master (Lord) observes that there was some scope Alexander described Sydney for securing acquittals within the situations require decisions that are Kentridge as ‘the greatest advocate in grotesque system and that the accused ‘intensely personal’. You can take the Commonwealth’. This collection themselves often wanted or needed to advice from your colleagues but ‘once to mark Sir Sydney’s 90th birthday, be represented (especially, for you are in Court, your conduct is by Masters David Lloyd Jones and example, if they faced a possible your own responsibility, yours alone’. George Leggatt, former colleagues in death sentence) and concluded that Sir Sydney has represented no less Brick Court Chambers, provides an the cab rank rule was ‘essential’ in than three Nobel Peace Prize winners insight into this modest, perceptive South Africa at the time. He was in Court – Nelson Mandela, Desmond and wise man and the qualities that never himself confronted with the Tutu and Chief Albert Lutheli; he have underpinned the making of the dilemma of being offered a represented the family of Steve Biko great advocate that he is. prosecution brief in such cases. at the Inquest into his miserable and The early lectures are Many years later in a talk entitled brutal death. Following his move to contemporaneous reflections on ‘The Ethics of Advocacy’, he England in the late 1970s he soon practice during the worst of the addresses this point: ‘I believe that I made his mark as a formidable apartheid era in South Africa, where and many other advocates would have advocate in a remarkable variety of Sir Sydney practised as a barrister been unable to comply with the cab complex and important cases. He following his Call to the South rank rule. Perhaps no rule of conduct celebrated his 90th birthday in African Bar in 1949. The can be an absolute rule. There may November 2012 by appearing for the Government had increasingly be times, fortunately rare, when one’s Law Society in the Supreme Court in hardened its approach to the own conscience rather than the a case about legal professional prosecution of political offenders, general rule must govern one’s own privilege. widening the concept of treason; conduct’. The same quiet, reasoned and shifting the burden of proof to the This absence of dogmatism compelling qualities that have made accused; and permitting detention in combined with a strong belief in the Sir Sydney such an outstanding solitary confinement without access to moral and ethical obligations that advocate are to be found in this book. legal advice or other contact until the should govern a barrister’s practice Drawing on fascinating personal police were convinced that ‘no useful infuses these lectures and talks with experience and historical references, purpose will be served by his further contemporary relevance. In the what he has to say about the roles and detention’ (Section 6, Terrorism Act ‘Ethics of Advocacy’ talk, he rejects duties of lawyers and judges, the 1967). This was a time when the then calls for barristers to see themselves ethics and obligations of advocates, Minster of Justice, Mr B J Vorster, as a service industry: ‘I believe we the selection of judges, freedom of infamously declared that ‘rights are are still a profession and not merely a speech, civil liberties, the rule of law getting out of hand’. business’. Moreover, he stresses the and a host of related issues, transcend Sir Sydney reflects on the moral word ‘honourable’ profession. the years. This slim and immensely dilemma as to the extent to which a Courage and independence are readable volume, written without any lawyer should participate in a legal essential for the advocate, but some hint of pomposity, is a real gem.

52 THE M IDDLE T EMPLAR M ICHAELMAS 2013 12th JUNE 2013 Sir Sydney’s 90th Birthday Celebrations

On 12 June 2013, no fewer than 21 former Chairmen of the Bar, including Middle Temple Masters Robert Seabrook, David Bean, Stephen Hockman, Guy Mansfield, Tim Dutton and Peter Lodder, celebrated Sir Sydney's 90th Birthday at a private dinner hosted by the Chairman of the Bar, Master Maura McGowan, at Brasserie Blanc in Covent Garden. Photographs courtesy of Charlotte Hudson

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 53 I NTERNATIONAL T RAVELS A Confiscation Judge Abroad by HHJ Michael Hopmeier

n the last few years I have been home court at Kingston, I have also in Europe, but instead they must look fortunate to have been invited to been invited to give talks and lectures further afield for a safe haven - and Ispeak abroad at various on the subject by the EU, the number of those havens is conferences and training seminars in a Commonwealth Secretariat, Academy undoubtedly becoming smaller and number of different countries on of European Law, Interpol and others. subject to scrutiny by governments issues concerning the fight against The Guide is freely available to and banks alike. The days of a person corruption and economic crime with judges and recorders, although I seeking to hide assets in an Isle of particular reference to understand it is a bestseller in prison. Man company with nominee directors ‘confiscation/asset recovery’. These Of course being known as a person whose shares are owned by a have included , Banjul, (aka anorak) interested in this area of Guernsey discretionary trust with Manila, Madrid, Lisbon, Istanbul, work has its moments. As I was nominee trustees, may well be over, , Copenhagen, Colombo and greeted by a kindly judge, whom I or at least will be very soon. Dar es Salaam. In the first six had never met, at a party in Yorkshire Further, the amounts said to have months of this year, I gave talks in last Christmas, ‘You’re the chap who been stolen from relatively poor Copenhagen, Malta, Bermuda, writes the Guide.’ he said. followed countries by their rulers or former and Birmingham. Leaving by, ‘You’re not going to confiscate rulers is staggering. The recent Arab aside that this has enabled me to visit my car are you?’ Spring has caused a resolve by different and often fascinating So why are so many countries countries affected to secure return of countries, the experience has been interested now in fighting corruption stolen assets. The first Arab Forum enormously interesting and fulfilling. and what is important about on Asset Recovery was held in Doha, So how did all start? Well, over confiscation of the proceeds of crime Qatar in September 2012. Poor five years ago as I attended, then as a of criminals? The simple fact is that countries see their minerals and Recorder, one of the three-day (those organised crime, fraud and corruption resources being exploited by were the days!) JSB sentencing are all on the increase throughout the companies and countries who export refresher seminars for judges and world. According to the evidence set the profits abroad paying little or no when innocently, as I thought, I out in the recent Transparency tax in the countries from where the commented over a quiet drink or two International 2013 Global Corruption resources are extracted, and certainly with the then course director that Barometer, published this week, there they do not invest the profits in those there were too many difficult complex is a global pandemic of corruption; countries. As Kofi Annan said ‘… text books on confiscation and that the UK is not immune from this. It corruption hurts the poor what Crown Court judges really has been estimated that the value of disproportionately by diverting funds needed was an ‘idiot’s guide’ to bribes in the world represents some intended for development, confiscation: ‘Yes Michael...,’ he 3% of the world economy. undermining a government’s ability to said... ‘and I know just the person to Cybercrime is the hot topic. Fraud provide basic services, feeding write it...’ The rest is, of course, alone costs the UK some £73 billion inequality and injustice and history. per year, according to the 2012 discouraging foreign investment.’ Little did I know that my life National Fraud Authority Annual Developing countries lose between would suddenly be changed. Not fraud indicator. $20 billion and $40 billion each year only have there been some four to bribery and other corrupt practices editions of the Guide on Restraint and Following the recent G8 yet over the last 15 years only about Confiscation, published on the conference, so-called tax havens such $6 billion has been recovered and Judicial College website, but as a as Cayman and Bermuda are set to returned. There is much work to be result of writing the Guide and also become more transparent with regard done in this area. undertaking a number of serious to beneficial ownership of companies Whilst our Courts may struggle economic crime cases, both in my and bank accounts. No longer do with the provisions of the Proceeds of practice prior to and then since my criminals seek to hide their ill-gotten Crime Act and Court of Appeal appointment trying such cases in my gains in small mountainous countries judges may bemoan the drafting of

54 THE M IDDLE T EMPLAR M ICHAELMAS 2013 I NTERNATIONAL T RAVELS

some its provisions, the fact remains During my last visit to the That quiet drink at the bar at that the UK was one of the first Philippines in 2012, at the invitation Scarman House was fortuitous. What countries to embrace a comprehensive of the British Ambassador and the has followed has been a highly criminal and civil asset recovery Philippines Commission on Good interesting and worthwhile scheme, now mature and well- Government (PCGG), I was experience. I have little doubt that established (albeit in a state of privileged to give the 3rd Haydee the Bribery Act 2010, DPAs, the 4th continuing development (cf most Yorak lecture on ‘Asset Recovery as EU Money laundering directive and recently R V Harvey 2013 EWCA an Anti-Corruption Tool.’ The PCGG further developments under POCA Crim 1104), which is the envy of have been successful in seeking and will keep speakers busy for some many countries. Other countries want securing the repatriation of millions time. to learn from our experience. When of dollars allegedly stolen from the So whilst MTIC fraud and in March 2012 the EU proposed a country during the Marcos regime. confiscation may not be everyone’s new Directive (2012/0036) on the The shoes can be seen in a museum. cup of tea, when it results in visiting freezing and confiscation of the Cooperation between countries and fascinating and sometimes remote proceeds of crime in the European their judicial authorities in this area of places, meeting interesting and Union, the Minister of State for law is very important. The fraudster committed people in differing justice Crime Prevention at the Home Office in Russia does not keep his ill-gotten systems, seeing the odd lion in the stated, ‘The UK has strong powers gains in Russia. The UK fraudster Selous game reserve, visiting which are successfully used to tackle does not generally keep his profits in medieval painted monasteries in the criminal finances. Our powers are the UK. What has been particularly Bukovina as well as drinking Nuwara already compliant with or stronger interesting to discover is that Eliya Pekoe in Kandy, eating goulash than those contained in the Directive.’ countries who on one level may not in Budapest, Imam Bayildi in Istanbul Commonwealth countries in particular have the best relations with each and sipping a ‘dark and stormy’ in who have adopted similar POCA other, nonetheless regularly attend Hamilton, then I think to myself that legislation seek and need training for conferences on this area (in particular being the author of an idiot’s guide is their judges and prosecutors on how fighting corruption and recovering perhaps not quite so idiotic after all. best to implement asset recovery the proceeds of crime/stolen assets) measures fairly and effectively. intending and wishing to cooperate Human Rights considerations, with each other. Thus, most recently particularly in the area of restraint of in July I spoke at the Interpol /StAR Michael Hopmeier was called to the assets as well as in the enforcement 4th Global Focus Point Conference on Middle Temple in July 1974. He sits as a against property (e.g. family homes) Asset Recovery in Bangkok, which Circuit Judge at Kingston on Thames also play an important part. The some 150 delegates from over 65 and is a Diversity and Community principle that criminals should not countries attended, including Iran and Relations Judge. He is an editor of the profit or benefit from their crimes is the USA, countries from Europe, 4th Edition of Millington and Sutherland now universally accepted as being , the Middle and Far East, Africa Williams on the Proceeds of Crime, right and proper. and North and . recently published by OUP.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 55 T HE I NNS AND THE BAR The Inns and the Bar by Master Maura McGowan, Chairman of the Bar

verybody loves their Inn, is worthwhile with it. But despite that it standards, irrespective of background fond of their circuit, and seems that they do not yet believe the or any other characteristic has not Eappears to hate the Bar Inns are giving them a good enough altered the requirements of excellence Council. So I’m told, on a regular reason to come back to seek refuge and integrity. basis. I’m not chasing anyone’s else’s here. This Inn is a thing of history and right to the affection of the Bar but I I’ve pointed out before that for a wonder, as are many of the Benchers. am determined that the profession and lot of practitioners, there will be I want to encourage the profession what it does goes back to being at the nothing between Call night and trying back into the collegiate world of core of what the Inns and the Bar to become a Bencher, other than a learning, not just the law but Council do. possible visit to check the place out as advocacy and ethics too. The pride The current belief of the average a venue for their wedding reception. and affection in January, at the barrister is that the Bar Standards When I was Called there was the swearing in of Master Munby as the Board bullies them into doing things incentive of an encounter with Jess new President of the Family Division for no good reason and punishes them and the Martians in the Middle and some other chap from Gray’s as if they don’t. The Bar Council takes Temple bar; given that it was the something or other was palpable. I too much money from them for no cheapest gin in London, it was quite a want that sense of belonging, of being good reason and does nothing powerful incentive. For too many, part of the fabric, to be felt by all. that casual sociability has gone; a bar Back in the real world, I am facing as common room is not part of the a fairly daunting year. The everyday life of the Inn any more. commercially-funded Bar goes from Barristers can be shy and retiring strength to strength but for too many creatures. They have to be coaxed out the imperative to live in a commercial of their routines. They have grown world takes them away from much of used to not being involved, even what is good and of true value in the under compulsion. I am determined Inn. The country is struggling to encourage, cajole and downright through the worst economic crisis in bully them, if necessary, to get decades; certainly in my lifetime, involved in and therefore become part although Master Arlidge tells me it of shaping the development of all our was worse when he did his pupillage futures. I am equally committed to in the 1930s. The Bar is three times working with the Inn, to cooperate in larger in number than when I was Maura McGowan QC is Chairman of the process of bringing them back Called and about 50% of it is the Bar for 2013. Maura was Called to here. dependent on public funding. the Bar in 1980 and took silk in 2001. I am working with the Advocacy In family, welfare, housing and She is a criminal practitioner at 2 Training Council to formulate a immigration vast areas of work have Bedford Row in London and Lincoln scheme of continuing education, been taken out of scope. That means House Chambers in Manchester. She based on further advocacy training, as an end to representation for large has extensive experience in all areas of well as the other areas already numbers of vulnerable individuals. It crime; most notably murder, drugs, covered. We must find a way to means a very different task for judges violent and sexual assault and child make it worthwhile and of positive trying those cases, but it also means abuse. She also appears in serious and interest. Providing and educating a an end to a livelihood for those complex fraud cases. A Deputy High small number of very skilled barristers who practise in those fields. Court Judge since 2010 and a Recorder advocates and advisors to the highest In crime, solicitor advocates now since 1996, she is a Bencher of Middle Temple and an advocacy trainer. She ethical standards has always been the do a significant proportion of work in has also been Called to the Irish and raison d’etre of the Inn. The desire to the Crown Court. The volume of Northern Irish Bars. ensure that membership is open to all cases has, and will continue to fall. who achieve those exceptional Fees have been cut from levels set in

56 THE M IDDLE T EMPLAR M ICHAELMAS 2013 T HE I NNS AND THE BAR

1997 by 14% in all cases and by 40% see this happen in conjunction with not to understand the cab-rank rule. in homicides. A wholesale review of the Inns and possibly the Advocacy The paper produced recently on legal aid in criminal work raises the Training Council. It would be a panel behalf of the real prospect of even more swingeing of established and respected suggests that specialisation inevitably cuts in fees. practitioners who can be called upon causes breaches of the rule. All the The pressures on quality and to offer advice and guidance and Inns and the Bar Council united to standards are obvious and potentially possibly to prevent a barrister falling respond, which we did. It’s one very dangerous. To succeed, the Bar foul of the BSB, or even more example of how effectively we can has to be excellent, not just terrifyingly, the Court of Appeal. work together. We should continue to competent. We have to become better To ensure that the Bar regains develop the practice. and more rigorous at policing our pride, self-respect and a true sense of When asked what my plan for own. It is not a criticism of the BSB the value of what we do is at the core 2013 was, the only answer was but there was undoubtedly a greater of my ambition. We are right to worry survival. In truth I would very much sense of pressure to achieve and and agitate about fees but there is like this to be the year that sees a shame if one failed when we judged more. There are other battles to be truly united profession, not just across ourselves. To that end I am looking fought. We need the help and support the disciplines, but through the Inns at rejuvenating the Bar Quality of the Inns and the Bench. and the representative body. Advisory Panel but I would like to Our over-arching regulator appears

Donations to the Library We would like to thank Master David Bean for Injunctions; Master Michael Blair for Financial Markets and Exchanges Law, edited by George Walker and Michael Blair; British Museum for Shakespeare’s Restless World by Neil MacGregor; Glen Davis and Marcus Haywood for Butterworths Insolvency Law Handbook; Barry Denyer-Green and Navjit Ubhi for Development and Planning Law; Master Colin Edelman for The Law of Reinsurance by Colin Edelman QC and Andrew Burns; William Flenley for Solicitors’ Liability and Negligence by William Flenley and Tom Leach; Master Michael Gledhill for History and Sources of the Common Law by Cecil Herbert Stuart Fifoot; Master Joanna Glynn for The Regulation of Healthcare Professionals; Master Robin Griffith-Jones for Islam and English Law: Rights, Responsibilities and the Place of Shari’a; Vicky Harper for Double Take; Richard Harwood for Historic Environment Law; Carl Islam for Tax Efficient Wills Simplified; Master Leslie Kosmin for Company Meetings: Law, Practice and Procedure, edited by Leslie Kosmin QC and Catherine Roberts; Professor Peter Leyland for Textbook on Administrative Law and The Constitution of the UK: A Contextual Analysis; C.L. Lim for The Trans-Pacific Partnership, Economic Diplomacy; The Law in His Hands: A Tribute to Chief Justice , edited by Master Chao Hick Tin; and Law of the Hong Kong Constitution, edited by Johannes Chan and C. L. Lim; Master Jan Luba for Housing Allocation and Homelessness; Stephen Mason for Electronic Evidence; Robert McCracken, Gregory Jones and James Pereira for Statutory Nuisance; J. Richard McManus for Education and the Courts; Master Christopher Morcom for The Modern Law of Trade Marks; Charles Phipps for Confidentiality by R.G. Toulson; Master Geoffrey Robertson for Crimes Against Humanity; and Mullahs without Mercy; Michael Wilkins, Viscount of the Royal Court of Jersey for Jersey Insolvency and Tracking by Michael Wilkins and Anthony Dessain; Master Eric Stockdale for Blackstone’s Criminal Practice; Donne: Poetical Works, edited by Sir Herbert J.C. Grierson; Milton: The Complete Poems edited by B.A. Wright, The Strange Alchemy of Life and Law by Justice Albie Sachs; and America’s Supreme Court by Stephen Breyer.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 57 A DVOCACY T RAINING C OUNCIL ATC Report by Nicholas Green QC, Chairman, Advocacy Training Council

he Advocacy Training Council training - is of the highest standards, programmes. The ATC has most (ATC) is responsible for helping to ensure advocates are recently assisted in an on-going Tproviding leadership, guidance effectively equipped in the defining advocacy tutor-training programme in and coordination in relation to the skill of the profession. , delivered in partnership pursuit of excellence in advocacy. Key functions of the ATC’s with South African colleagues and Drawing its membership primarily committees include monitoring and funded by the British Embassy in from the Inns and circuits, its supporting the Inns and Circuits in the Harare. A major and growing part of committees also include the judiciary, delivery of their Pupil and New the work of the ATC is in relation to BPTC providers, academia and the Practitioner advocacy programmes; barriers to justice. The ATC is Bar Council. With its primary role to assessing BPTC advocacy tutors for presently working on a range of oversee the development and delivery accreditation by the Bar Standards projects which are designed to of advocacy training for the Bar of Board; ensuring standards for the improve the way that the trial process England and Wales, the ATC works to training and grading of Inn / Circuit works in relation to vulnerable ensure that advocacy training Pupil advocacy tutors; undertaking persons. provision - from the vocational stage research and development projects to The Advocacy Training Council’s through to the delivery of New support the delivery of advocacy Raising the Bar report of 2011 Practitioner and advanced advocacy training in specialist skills and identified the need for better guidance promoting the rule of law overseas and training for advocates in this through specialist ATC training field. In April 2013 the Attorney programmes. General launched a new website, ‘The The Council also has an important Advocates Gateway’. This constitutional commitment to respond collaborative project brings together to requests from overseas jurisdictions the entirety of the legal profession in the development and expansion of including academics, leading experts their advocacy training programmes and researchers, the Law Society, and has established an international CBA, Registered Intermediaries and reputation as a world leader in the MoJ and is intended to act as a advocacy training, largely in the focal point for material relating to a developing world. In keeping with the vulnerable person in court. The custom of barristers providing Gateway is a free web resource and as advocacy training for the English Bar such, is a public interest platform stimulating research into issues of real Mr Justice Green was appointed to the without payment, overseas advocacy High Court in October 2013. Nick training is undertaken on a pro bono and pressing public importance. practised from Brick Court Chambers basis. Other projects working towards from 1989 until 2013 and acted as joint ATC International Committee removing barriers to justice include head of chambers in 2011. He members together with senior the initiatives of the ATC Research specialised in all aspects of competition, advocacy trainers from across the and Development Committee. The European, regulatory and administrative Inns and circuits have worked Committee is working on developing law. Nick was Chairman of the Bar alongside colleagues in jurisdictions professional ethics together with Council in 2010 and is an Accredited including India, Malaysia, Hong University College London and Advocacy Trainer. He has been Kong, Nigeria, South Africa, and the looking into the use of expert Chairman of the Advocacy Training International Criminal Court and evidence in court in collaboration Council since 2011 and was Tribunals in The Hague. The ATC with the Law Commission. Its third instrumental in the restructuring of the project is to look at the use of ATC. He worked closely with the Inns adopts a ‘seed corn’ approach, and the new committees to finalise its ensuring partners at the host Bar are interpreters in court, in conjunction new constitution in 2012. equipped to continue to develop and with the University of . The enhance their own advocacy training aim of such projects is to raise

58 THE M IDDLE T EMPLAR M ICHAELMAS 2013 A DVOCACY T RAINING C OUNCIL

standards in court, to develop toolkits and guidance for use in courts (by advocates and the judiciary) and to improve training in such areas. Examples of Best Practice in The ATC recently held a lecture and workshop, both led by Professor Advocacy Training: The Hon George Hampel AM QC, the progenitor of the basic method used ● by the Inns and the ATC in its training Pairing experienced trainers with those who are less programmes. The sessions enabled experienced, to share knowledge and expertise and allow senior advocacy trainers of the Inns ‘on-the-job’ development of training skills. and Circuits to review teaching practices and methods at an advanced ● Involving members of the judiciary in training sessions, level. In April, the ATC also launched and allowing trainees to sit alongside judges during its new website that serves as a training exercises to gain a sense of the judges’ central point of information about the perspective during a trial. work of the ATC and all matters relating to advocacy training and an ● invaluable calendar of advocacy Adopting the practice of having ‘room trainers’ on training events, key on-going projects longer-term training courses, who remain with the same and annual reports. group of trainees throughout. This helps to promote good In the next few months, the ATC working relationships during the course. and The Advocate’s Gateway will be hosting a series of CPD courses to ● For submissions exercises, allocating roles the evening provide practical training when before the exercise, and exchanging skeleton arguments. dealing with the vulnerable in court This has been seen to help trainees prepare fully, and will be hosting its first ‘ATC familiarising themselves with the arguments to be put by Advocacy Training Conference’ for advocacy trainers from across the the opposing side. Inns and Circuits and BPTC providers to establish how to achieve best ● Making use of local BVC students to act as witnesses, practice when teaching advocacy. If paying expenses only. This practice is beneficial both to you are an advocacy trainer and are the smooth and effective running of the advocacy training interested in hearing more about the course, and to the BVC students who gain invaluable ATC, information can be found on the insight and experience. ATC website. ● Asking trainees to complete evaluation reports ensures any problems experienced during the course are addressed, and any useful practices identified and built upon.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 59 B OOK R EVIEW A Higher Duty

Reviewed by Paul Magrath

n an exclusive gentlemen’s club destined for the law. Can his career be in London, a group of men are salvaged? Idiscussing the future of their Their fates are determined in the business. They are barristers and the course of a story in which their elders question they must decide is who to and betters manage to demonstrate an keep – and who to keep out – as impressive array of human fellow tenants of their chambers. weaknesses and hypocrisy. In Two of them have pupils who would chambers, a divorce case based on like to join, but one of the pupils is a marital cruelty is nearly lost as a woman, the other is Jewish. result of a reckless sex scandal Compelling reasons are offered for involving one of the barristers. preventing each of them joining Another barrister is allowed to sink chambers. For one thing, neither into debt and lose his livelihood after would be admitted to this club, where failing to recover the ground lost chambers dinners are held. If they during the war, when he went off to cannot fit into the club, how can they fight while others spent the time fit into chambers? building up their practices. A QC As you may have guessed, this eagerly accedes to a solicitor’s plan to novel is set in a time when such blackmail the lawyers on the other prejudice was an unthinking, rather side, just to win an undeserving case. than unthinkable, habit of mind. It Meanwhile, the members of chambers War Crimes Tribunal in The Hague. was a time before the ‘Establishment’ in whose hands rest the fates of the In 2007 he became a circuit judge and became the name of a comedy club, hopeful pupils play politics and normally sits in the Crown Court at when that word was used to refer to a prejudice at their club, all in the name Woolwich, though at present he is national conspiracy of the upper of upholding their ‘higher duty’ to the sitting in Huntingdon and classes – politics, the professions, the integrity of the Bar. Peterborough. He has also written a services and academe – to retain their political thriller, Removal, set in the unspoken grip on power. It was a time United States, and a number of law when, in the law, clients got what was Two of them have pupils who books including Murphy on Evidence. good for them (or convenient for their would like to join, but one of The good news is that he is currently advisers), when deference was the pupils is a woman, the other writing a sequel to A Higher Duty. assumed and the gap between law and justice wider than it is today. is Jewish Into this world come three young hopefuls. Two of them are the pupil It is clear from the sheer barristers referred to above: Harriet authenticity of the detail and the Fisk, whose father, a former diplomat, characters’ psychology that the author is master of a Cambridge college; and is or has been a barrister. And indeed Ben Shroeder, who rejects his Jewish Peter Murphy, who was Called to the family’s East End business in favour Bar at Middle Temple in 1968, of a career in law. The third, Clive practised here for a decade or so Overton, is an undergraduate at the before being lured to the United same Cambridge college, from which States, to practice and teach advocacy he is summarily sent down, as well as at South Texas College of Law. Then being banished from the land by his in the 1990s he became involved, QC father, after a fatally stupid rugby through one of his former students, as club dinner stunt. He, too, had been defence counsel in the Yugoslavian

60 THE M IDDLE T EMPLAR M ICHAELMAS 2013 WOMEN’ S F ORUM Temple Women’s Forum by Master Dawn Oliver

‘Women in Crime’, ‘Judicial networking reception. Diversity’, ‘Why and How to On 23 May ‘Improving your CV’ ‘Become a Judge’: these were the was the subject of a new TWF topics for the Temple Women’s initiative, a Workshop. The first Forum in Middle Temple Hall on 17 session focussed on ‘Planning ahead April 2013. for your career, identifying the The first keynote speaker, Frances building blocks and Oldham QC, reflected on her career constructing your CV’. A in publicly-funded criminal practice panel chaired by Freya and on how - with persistence, clear Newberry QC highlighted priorities and energy - she has some of the less obvious overcome some of the particular aspects of a practitioner’s challenges faced by a woman in that experience – in the Inn, world. Next, Lord Sumption, Chambers, Circuit, SBAs drawing on his experience as a and also outside practice - member of the Judicial Appointments that should be included in Commission from 2006 to 2011, a CV to establish a discussed some of the problems in person’s suitability for an achieving diversity in judicial appointment. The appointments given the fact that many second session, chaired women have left the Bar before by Anna Worrall QC, becoming eligible for appointment to asked ‘What do others the bench; it might take a generation look for in your CV/application Employed or two before fifty per cent of judges form?’ Christopher Stephens, Bar’. The next big are women. I hope that this Chairman of the JAC, spoke of what Forum will be held prediction turns out to be wrong. impresses them in CVs – including in May 2014. A panel consisting of Lady Justice ways in which applicants have dealt The initial Black, Mr Justice Coleridge, HHJ with personal challenges in life and idea for the Rosalind Coe QC, Tribunal Judge thus demonstrate their strength of Forum and its Siobhan McGrath, Recorder Joe character. HHJ Lucy Theis and Judge driving force Delahunty QC, and Judicial Marcia Levy spoke of their own came from Appointments Commissioner Martin experiences in learning how to our Under Forde then addressed the question present themselves effectively in their Treasurer, ‘Why and how to become a judge’. CVs. The Question and Answer Catherine Rachel Langdale QC chaired this session afterwards showed how useful Quinn. We session. I doubt whether any and often surprising participants had are very audience before has had the privilege found the event. grateful. We of hearing judges speak about their The TWF steering group, jointly shall miss her. reasons for going on the bench - and convened by HHJ Deborah Taylor But, encouraged how much they enjoy the work. It (Inner Temple) and I (Middle Temple) by the very was an excellent and inspiring started to plan ahead, holding further positive response to discussion. Workshops, including ‘Applying for our activities, the After the formal part of the Silk’ which took place in Inner steering group is evening the porters were kept up later Temple in November. Other subjects developing plenty of than expected as the audience of three under discussion include: ‘Crossing energy and good ideas for the hundred female barristers and Bar over from Criminal to Civil Work’, future. students and other guests enjoyed the ‘Self-marketing’ and ‘Work at the

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 61 A DVOCACY S TANDARDS Training for Middle Temple Advocacy

by Master Bernard Richmond

n December 1994, Christa Veile (as she then was) met with IMichael Sherrard QC, the first Director of the newly formed ‘Middle Temple Advocacy’. He was in a pickle. His administrator had taken a new job and, with weeks to go before the first pilot course, he was without any assistance at all. Christa had just finished her term as a member of the academic staff at Cumberland Lodge (having previously been a lecturer at Bristol University). She was looking for her next job and agreed to help out for a short period. Fortunately, she has taken a rather relaxed view of the meaning of that phrase. Michael Sherrard’s view of the needs of pupils was that there should be a two-week full-time course in which they could immerse themselves. As the minimum requirement for advocacy was nothing so long, it was decided that the course Such is the success and value of persuading potential trainers that the would be voluntary. A shorter course this course that, 18 years on, the two- concept of MTA and advocacy would be available for those who did week Pupils’ Course remains the training was here to stay and worth not wish to undertake the longer one. flagship course of Middle Temple their time and effort. The vast majority of pupils opted for Advocacy (MTA). Some of the Nowadays, of course, it is an the two-week course. seminars have changed and we have accepted and valued part of the During 56 hours of teaching in a added sessions on practice barrister’s experience and most two-week period, pupils received management and ethics but the key practitioners of under 17 years’ Call lectures and participated in master aims and ethos remain the same, will have taken part in a Pupils’ classes, seminars and workshops. namely to inspire pupils to excellence Course and a New Practitioners’ There were also two court- based in advocacy (oral and written), the Programme (either at Middle Temple days with full-time judges who agreed highest standards of integrity and a or in another Inn or circuit). to allow a small group of pupils to commitment to client care. Our programmes are now observe their day (and discuss it with In 1995 there was a considerable extensive. As well as training for them), and also invited the pupils to degree of scepticism as to the need BPTC students at Cumberland Lodge, perform mock applications in front of for advocacy training. Many senior the Pupils’ Course and the New them (usually at the end of the day). practitioners said openly that Practitioners’ Course (for those in the These days were a highlight of the advocacy could not be taught and the first three years of practice), we course for the pupils who teacher training courses in the early participate in courses for established participated. days involved a great deal of practitioners, ethics training and,

62 THE M IDDLE T EMPLAR M ICHAELMAS 2013 A DVOCACY S TANDARDS sometimes, overseas training. Some of our trainers are responsible for training new trainers, assessing BPTC teachers for accreditation as advocacy teachers, and for sitting on various policy committees regarding advocacy training. In short, Middle Temple and its trainers are a committed part of the advocacy training machine of which the Bar can be rightly proud. It does, however, create an enormous pressure on the Education Department of the Inn and, particularly, our Education Officer, Stacey Brown. Whilst our Pupils’ the student will engage in a number trainers give up a significant number Courses are in action there is an of exercises during any course and of hours in addition to ‘ordinary’ enormous demand for trainers who they will improve and develop teaching in order to assist us. It is a are willing and able to commit (and incrementally rather than trying to little soul destroying when, as who actually turn up!). cope with too many pieces of sometimes happens, time is spent Of course, it can be an imposition. information during one exercise. We training someone who then uses the Our workshops run in the evening run a training course over two skills either to teach solely in their (and weekends for the New weekends to familiarise our teachers own chambers or, worst of all, who Practitioners’ Programme and with these methods. does not commit to the teaching Cumberland Lodge). After a long day As part of this training, our process at all, thereby losing their in court it is often the last thing that trainees will get an opportunity to accreditation and wasting all the time, anyone wants to do. In truth, observe an experienced teacher run a cost and effort of training them. however, the experience of most of class. This occurs between the first If you are a trained trainer who is our trainers is that the teaching is and second training weekends. teaching regularly, we thank you for interesting, rewarding and well worth Following successful completion of your efforts. The Bar depends on the effort. the training course, our newly you, as do we. If you are a trained Most importantly, our workshop qualified trainers will be invited to teacher who has not taught recently, training is essential to the structure ‘team teach’ with another trainer. We please give us some of your time. We and quality of the courses we offer. expect that after two or three team- can arrange team teaching to get you The experience of practice, running teaching sessions, our trainers will be back into the swing of things. We can complex cases and client care which ready to ‘fly solo’, if necessary. This only offer great teaching if we can our faculty possess is priceless. So does not mean that a new trainer is offer great teachers. often during a workshop a small piece unsupported. We have a system of We need more good teachers! If of advice which comes from a trainer ‘Roving Trainers’ which will be you are interested in joining the team will inspire a pupil and give him or implemented fully in the next and you’re over 6 years’ Call, then we her confidence. Pupils gain not just academic year. The task of these would be delighted to have you. inspiration but role models whose ‘Rovers’, all of whom are senior Please contact Stacey Brown at skills they aspire to replicate. trainers, is to observe training and to [email protected] for Being an effective barrister is not a provide feedback and support to the more details. If you would like to guarantee of talent as a trainer. We trainers. look at some teaching before acknowledge that our volunteers need As Director of Studies, one of my committing, Stacey will doubtless be advice, support and structure to their roles is to train and support our able to organise a ‘sitting-in’ for you teaching to make it easier to run trainers. As such, I am on hand either with one of our established teachers. classes. We, in common with all Inns in person or at the telephone to and circuits, use the Hampel method provide help and assistance when of training. This provides a structured needed. Our experience is that often Bernard Richmond has been Director of format for giving feedback and allows our new trainers soon find their feet Studies at the Inn since 2006. He was the trainer to focus on improving just and grow in confidence and expertise. Called to the Bar in 1988 and as a one aspect of a student’s performance This is an investment of time and Bencher in 2005. He practises criminal per exercise. This is effective because energy on both sides. Our teacher law from Lamb Building.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 63 AUTUMN R EADER No War Stories: but a view from the front line by Master Parker, Autumn Reader

practised at the Bar for 35 years. I became a judge in case is hopeless. The answers will make it worse. So you 2008. I sit in the Family Division and Court of ramble round the point. IProtection. I have been a bencher since 2000. I am one 7. Your client thinking that more words mean more of the Masters of the Garden. I am not going to write about impact. They don’t. Your client thinks that time spent that. The garden is there to be seen. means result achieved. It doesn’t. I am privileged to be Autumn Reader. Historically the Often opinions and statements are expressed rather than Reader taught the students. The Reader’s role still includes questions. teaching. I intervene a lot. I say: keep it short. I say: ask a I am a Middle Temple advocacy trainer. Mostly I teach question. I say: I’m not interested in opinions. I think my family law advocacy. The government thinks that family reasons are usually understood. But usually the habits are cases take too long. They take too long to hear, too long to too ingrained. Without practice, it’s difficult to change. conclude. I agree. I try to teach my students techniques to So-called questions often start with a long run up. stop this. Usually it ends in a collapse with nothing achieved. I call We teach using the Hampel method. I heard Professor this the pole vault. It is excruciating to listen to. Hampel and his team speak recently. Professor Hampel says that advocacy is a skill. For most it is not an innate gift. It can be taught. It needs to be taught. Technique needs to be I don’t mean to be critical. I don’t want to be practised. People don’t learn through being talked at. War unkind. I don’t want to be unfair. I’m sure I have stories - anecdotes about past triumphs or defeats - are forbidden. committed all these sins myself. I probably still do The training technique is hard to learn for the trainer. It is hard for the student. It needs to be practised. It gets easier. The Hampel method tackles one thing at a time. It is In cross-examination, if unchecked, it goes something called a headline. This is my headline. like this. I won’t give a full example. I don’t have space. It NO QUESTION SHALL BE LONGER THAN 10 could, on the worst examples, go on for pages. The WORDS questioner ‘puts the case in context’. This means explaining This is not new. My pupil master was the late, great what they think the case is about. Or it may be what their Keith Evans. His books are required reading. He taught me client thinks about it. There is over reliance on documents. this rule. His advice was: visualise the transcript as you This is before any question is asked. Bits are read out, cross-examine. One line is about ten words. sometimes quite long passages. Often no question follows. The rule applies to every type of case. It applies to all Eventually a proposition will be put. Or several may be put, questions to witnesses. It is not just for cross-examination. linked or not. There may be an interrogative tone. Or the I hear too many words, with not enough content. questioner may say ‘Don’t you think that…’. I think that this is because of This is not cross-examination. At best it is a debate. You can’t take a witness apart like this. You can’t close a 1. Bad habits. trap. You can’t make an impact. You can’t dissect. You can’t 2. Believing it is expected, since everyone does it. probe. The witness has to be asked a question. It must be 3. Lack of preparation. one question at a time. And it must aim to elicit evidence. 4. Wanting thinking time. That is, evidence which is relevant to the outcome. 5. Wanting to seem nice. Smart witnesses sometimes respond with an unsolicited, 6. Not wanting to ask the questions you must. The damaging observation. They have had time to think. But usually the witness is completely lost. The witness has no The Hon Mrs Justice Parker was called in 1973 and idea what to deal with. appointed a Bencher in 2000. She is Autumn Reader for 2013. Anyway the judge is not interested in the question. The She delivered her Reading entitled ‘Science Fiction and the question is not evidence. The judge is bored by it. The judge Rule of Law’ in Hall in November. wants to get on to a killer point. You need to make the judge

64 THE M IDDLE T EMPLAR M ICHAELMAS 2013 AUTUMN R EADER

interested in the answer. I hear other flabby introductions. They are used in chief as well as cross-examination. They waste time. ‘I’d just like to ask you about what [X] says about …’ ‘I am just going to read you the emails which [X] sent you…’ ‘You say that [Y] is the case but I’d like you to consider what [X] said which is that…’ ‘I wonder whether you would be good enough to turn to the psychological report of Dr Wisdom in bundle C2 1098 at para 367 where he says that ...’ ‘What would you say if I asked you about what [X] says about …’ ‘I’d like you to understand that we all realise that this is very difficult particularly because ….’ ‘May I please ask you to think about what you said at para 103 in your fifth statement…’ ‘I want to go to what happened on the night of 28th September when you say that …’ Don’t do it. It is not necessary. Go straight into the question. I don’t mean to be critical. I don’t want to be unkind. I don’t want to be unfair. I’m sure I have committed all these sins myself. I probably still do. But it is never too late to improve. It is never too late to learn. Think full stops. Full stops are our friends. I like subordinate clauses as well as the next person. But they are often the product of insufficient preparation. Word order is important too in keepings sentences short. Professor Hampel did a short demonstration last week. No question was more than six words. Short questions are a pleasure to listen to. And they are a pleasure to pose. Short questions get results. They advance step by step. The process is not slow. It is quicker than the pole vault. Your own witness is less likely to ramble. You are in control. Cross-examination is paced. Short questions pose points that must be answered. Or they are unanswerable. They can give a witness no escape. The witness is not allowed thinking time. The witness cannot see where you are coming from. Don’t worry that you will sound aggressive or unkind. You will not. The right body language and tone will prevent that. Bad habits are hard to change. To relearn new ones takes time and practice. But you can say all you want in ten words.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 65 S CHOLARS The Duke and Duchess of Cambridge Scholarships

by Master Andrew Hochhauser

ne of the most important of Duchess of Cambridge, the Inn Scholarships, as with the Diana, the Inn’s core functions is created two scholarships entitled ‘The Princess of Wales Scholarship, Oeducation and training for the Duke and Duchess of Cambridge personal circumstances are taken into Bar. A vital element of that function Scholarships’. In addition to the four account as all three are intended for is the provision of financial support to usual criteria on which panels assess candidates who are specially those who might not otherwise be applications: namely intellectual deserving of financial assistance, able to embark on that training, ability, motivation to succeed at the because they have overcome serious particularly as there is no funding Bar, potential as an advocate and disadvantages in their lives in order to available from Local Education personal qualities, in the case of the study for the Bar. Authorities, and career development Duke and Duchess of Cambridge loans for the Bar Course are drying up. In 2013, the Inn plans to award in excess of a million pounds in scholarships, the majority to students undertaking the Bar Professional Training Course (BPTC). The remainder is earmarked for scholarships for the law conversion course and some smaller awards for post-BPTC activities. It is the Inn’s policy to interview every applicant who has obtained a place on the BPTC: potential as an advocate is not always recognisable from a written application and we feel that all applicants should be given an opportunity to argue their case. In 2012, 228 applicants were interviewed and 108 scholarships awarded. In 2011, in acknowledgment of our relationship with our Royal Bencher, Master Prince William, and as a wedding present to him and the

Master Andrew Hochhauser is a member of . He is Chairman of the Scholarships & Prizes Committee and runs the Middle Temple Civil New Practitioners' Programme together with Master Colin Edelman. In 2011 he and Master David Bean established the Access to the Bar Awards Scheme.

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8th OCTOBER 2012 A Visit from our Royal Bencher

2012 was the first year in which the Duke and Duchess of Cambridge Scholarships were awarded and the Inn was delighted when Their Royal Highnesses accepted an invitation to visit the Inn to meet the first recipients of their scholarships and to present them with their scholarships. The visit took place on 8 October 2012 in the Prince’s Room, and it was a joyous occasion. The royal couple spent a considerable time chatting informally with the new Scholars, Kerri-Anne Ferdinando and Steven Kennedy, together with members of their families. The royal couple also met the Princess Diana Scholars for 2011 and 2012 and one of the Queen Mother Scholars for 2010. The photographs show how they put those present at their ease and there was much laughter and celebration, before the formal presentation took place. We hope it will be the first of many visits and occasions when the Duke and Duchess of Cambridge will meet members of the Inn and particularly engage with the students. We will always have a warm welcome for them. Photographs courtesy of Chris Christodoulou

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 67 S CHOLARS Fox Scholar by Joshua Normanton

I have set myself the impossible was essentially an associate capacity box. John’s maxim for success is that task of condensing a year’s on a planning case. This case ‘we are not practising litigation but experiences into one succinct and escalated so that I was able to exercising power.’ concise article. Oddly, I am glad the research and draft written submissions I also include Antonio Di task is an impossible one. For, on the in both a Judicial Review application Domenico to the list of people who Harold G. Fox Scholarship, I have and a Leave to Appeal motion. Both have been both friend and mentor. done more, learnt more and matters included extensive research Tony is an associate at the firm who developed more as an individual than on the independence of expert works with John often. He always I ever thought possible in a year. witnesses, an area I am now found time to teach me a point on During the course of the comfortable professing some procedure, or bear with me when I Scholarship, I was involved in some expertise in. didn’t understand something. I felt extremely complicated and high As an English barrister, the focal comfortable engaging with him in profile matters at Fasken Martineau point of many practices is advocacy. I discussions about the ethics of what DuMoulin LLP, a Canadian admit that I was concerned that my we did, an important field for a with considerable international reach. advocacy skills, rudimentary as they novice lawyer. Although understandably daunting may be, would suffer from not being My growing sophistication as a and at times nearing the scope of my tested in the legal forum this year. I lawyer has also been caused by ability, I found comfort in the work was very wrong. I was placed with exposure to a wide range of other ethic of my colleagues and superiors one of Canada’s most formidable and techniques and practices within the and in the trust which was placed in respected litigation barristers, John A. large firm. As a barrister, confined to me from the very beginning. I now Campion. John has led the most Chambers, the corporate structure of find myself in the enviable position interesting life, having appeared in the typical firm is unfamiliar. In (for one so young) of having had an many high profile cases, including Canada, solicitors and barristers are active and important role in a number before the Supreme Court of Canada. merged, there is a fused profession of serious matters. Importantly, he is truly invested in and the interplay of the disciplinary Working in the litigation supporting aspiring young lawyers. skills, the human resources available department of the firm, I was He is one of the most passionate, to the firm and the financial stability involved in the preparation and brave and steadfast advocates I have of barristers makes for a heady and organisation of large-scale class seen. He simply will not back down. I attractive mix. In practice, when an action suits. This work included have learnt much from the forthright issue arises which is complex in such complex legal research, often speeches and aspire to emulate his a way that it requires several minds to requiring expertise in areas I had quick thinking, intelligence and bring it to resolution, the head partner never previously encountered, ranging devastating mind for strategy. on the file will quickly corral a from Rylands v Fletcher non-natural John has become both friend and number of experts from about the use to electoral law as it applies in mentor to me. His impromptu but firm. These experts, some procedural, Newfoundland. I also found myself in near-daily lessons were a source of some litigators, some securities or a wide range of fascinating scenarios, much inspiration; it is these that I corporate specialists are brought including cross-examinations, client shall miss the most. I am now aware together and, after useful discussion meetings and court sessions. During that law is so much more than, well, and argumentation, produce a all of these, I was fortunate enough to law. It is a conglomeration of a whole sophisticated answer which may be be given an active role. host of different roles which share beyond the ken of all but the most I was also fortunate to be involved common threads of responsibility. intelligent and experienced lawyer. In in a fascinating multi-billion dollar These threads include: having the a career which prides itself upon its nuclear arbitration for which I carried ability and determination to get things independence it is somewhat ironic out research and assisted in the done for your client, knowing what that the best work derives from a organisation of millions of files of keeps your client awake at night and concerted group effort. Irony aside, it evidence. Further, I worked in what most importantly, thinking outside the is a power which should be harnessed

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in the United Kingdom. I have seen processes of the people who deal with ambition, hard work and a certain that it works, and works well. While appeals. I can now aspire to more amount of affability. I feel that, in the corporate structure of a firm may sophisticated and complicated appeal both professional and personal forums be incompatible with the ethical work, confident in my understanding I am now unfettered by the regulations of both barristers and of the process. An understanding I constraints, often self-imposed, of my solicitors, the prospect of barristers could not have gained but for my time education or upbringing. and solicitors working together under there. That said, with a year of excellent some alternative business structure is Canada’s vibrancy is reflected in experience under my belt I recognise an attractive one. It is certainly not the group of friends I made there. I that it is time to turn that which I something to be dismissed out of will miss every one. However, in a have learnt to good use. I am now in hand. way, this is the point of the a position to utilise fully the resource I have had ample opportunity to Scholarship. It is more than just a of pupillage and keen to begin. If develop personally. There is real year in a law firm on the other side of anything, the Scholarship has taught value in living and working abroad. the Atlantic. In the current global me how incredibly fortunate I am to Canada is a vibrant place with an market, that is just a year in a law have been (partially) accepted into enviable and progressive immigration firm. It is a year in a place with a what is one of the best professions in policy. I felt included from the first fascinating history, a year learning the world. day I arrived. The people I met were from people who have had a Although my Principal and those I always warm, inviting and interested completely different life and have met will be magnanimous and in my progression. I owe particular experiences from my own, and a year say that no debt is owed, that is thanks to Justice James MacPherson developing contacts who I will be simply not true. I owe them a great and Justice of the close to for the rest of my debt, both as friends and supporters. Ontario Court of Appeal and the professional and personal life. The distinction is that the only way I Supreme Court of Canada By living and working in Canada, I can repay it is to the profession. I respectively. My time at both of these have begun to realise that engagement must take the tools with which they institutions was extremely valuable in the human experience does not have provided me and craft my own and, fundamentally, demystified the mean that I have to be confined to practice. It is from this practice that I higher court process for me. I any one place. The value of moving will one day perhaps find myself in understand the mechanisms of appeal, around, making one’s own way and their position, able to impart my the ultimately ceremonial nature of choosing one’s own space is knowledge to a fresh, young lawyer. the higher courts and the thought immeasurable. All that is required is

10th JUNE 2013 Scholars’ Dinner

On 10 June 2013, the Inn’s fifth Scholars’ Dinner took place in Hall. Open by invitation to students who have recently been awarded scholarships for their BPTC year, it was a celebration of our scholars' achievement. For most of them, this was the first visit to the Inn since their interview. 51 students and 28 seniors were welcomed by Master Treasurer. Emmanuel Fagbemi, one of the two Duke and Duchess of Cambridge Scholars, made a speech on behalf of the scholars. Master Hochhauser, the outgoing Chair of the Scholarships and Prizes Committee, thanked all who supported the scholarship scheme, whether by donating to the Scholarship Appeal or by giving their time to interviewing the applicants, to ensure that the best students, regardless of background, receive help with their chosen career.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 69 S TUDENTS

BPTC Scholarships Awarded 2012 Pumfrey Memorial Award, Richard Davies; Davidson, Victoria Empson, Lara Hassell, Pump Court Tax Chambers Scholarship, Georgina Messenger, Eleanor Sanders, Queen Mother Laura Deuxberry; Quatercentenary Christopher Styles, James Yapp Ayesha Christie, Thomas Copeland, Matthew Scholarship, Nirosha Sithirapathy; R E & Crowe, Robert Dacre, Adrian De Froment, Florence Cooper Award, Zoe Sutherland; Jules Thorn Harry East, Charlotte Godber, Stuart Gooch, Robert Garraway Rice Award, Charlotte Emily Albou, Daniel Black, Eleanor Davidson, Benjamin Isherwood, Tamara Jaber, Stefan Johnson; Safford Award, Gianni Sonvico; Sir Alexandra Dubois, Katharine Evans-Johns, Kuppen, Jennifer MacLeod, Hannah Noyce, Joseph Cantley Memorial Prize, Fiona Clegg; Mansour Mansour, Jason Perrin, Sonja Daria Popescu, Alex Pritchard-Jones, Rosie Sir Robert Micklethwait Memorial Award, Polimac, Ricky Powell, Sarah Taylor Scott, Robert Scrivener, Andrew Wheelhouse, Tyrone Campbell; Stanley Levy Memorial Luke Wilcox Award, Lucy Plumpton; State School Award, Benefactors Yasmeen Couser, Michelle Koleosho; Terence Thomas Beak, Lewis Bramford, Safiatou Duke & Duchess of Cambridge Fitzgerald Award, Graham Coombs; The 3-4 Jallow, Aisha Lysejko, Nicole McEntee, Janani Kerri Anne Ferdinando, Steven Kennedy South Square Chambers Scholarship, Paramsothy, Adam Pogonowski, Alexandra Kalliopi Lykourgou; The Connor Scholarship, Pountney, Margaret-Victoria Quarshie, Harry Diana, Princess of Wales Sophia Dower; The Rose Scholarship, Katy Whormersley, Jonathon Wright Priya Sidharh Laverty; Winston Churchill Award, Victoria Individual named awards Barker Diplock Archibald Safford Scholarship, Nicholas Matthew Cassells, Nargees Choudhury, Ben Du Foulis; Atkin Chambers Scholarship, Alex GDL Scholarships Awarded 2012 Feu, Helen Jones, Callum McCall, Alice Cisneros; Blackstone Award, Helen Bowers; Meredith, Christel Querton, Daisy Ricketts, Queen Mother Brick Court Scholarship, Robyn Laura Vernon-Collier William Hooper, Yasmin Omotosho, Daniel Cunningham; Christopher Benson Black Scholarship, Shannon Revel; Cunningham Harmsworth Award, Sophie Zacharia; Gardiner Constanze Bell, Elizabeth Bennett, Caislyn Scholarship, Ellen Shaw; Godfrey Heilpern Diplock Boyle, Paul Dormand, Celena Field, Grace Memorial Prize, Catherine Jaquiss; H R Light Christina Rothnie, Anika Randawa, Feriha Garrett-Sadler, Natasha Gasson, Thomas Bursary, Rachel Kerr; HH Paul Clark Tayfur, Peter Jolley Hubbard, Alexander Mellis, John Oxley, Scholarship, Alexander Jones; Hubert Patrick Paisley, Gavin Penn, Andrew Pike, Monroe Award, Ellen Lefley; J. B. Montagu Kiesha Robinson, Kevin Touhey, Kirsten Ward, Astbury Scholarship, Harry Taylor; Jamieson Emmi Wilson Edward Adkins, Victoria Empson, Thomas van Pupillage Prize, David Jones; Jerry Parthab der Klugt, Alistair Stark Singh Scholarship, Lucinda Wilmott; Astbury Luboshez Award, Thomas Acworth; Malcolm Charlotte Bates, Jamila Bernard-Stevenson, Wright Prize, Arya Mohit-Zadeh; Mona de Jules Thorn Thomas Bushnell, Timothy De Swardt, Max Piro Prize, Olivia Holden; Nicholas Pumfrey Mansour Mansour, James Duncan-Harthill, Byng, Simon Gilson, Hannah Gomersall, Memorial Award, Nadia Rahman; Pump Victoria Teather, Azba Malluk, Livia Pality Kathryn Mason, Emer Morrison, Paul Renteurs, Court Tax Chambers Scholarship, George Stephen Reynolds Dye; Quatercentenary Scholarship, Rachael BPTC Scholarships Awarded 2013 Wake; R E & Florence Cooper Award, Sarah Jules Thorn Queen Mother Jane Pyle; Robert Garraway Rice Polly Allison, Rosie Bayley, Laura Bedson, Philip Anderson, John Bethell, Joanna Chen, Scholarship, Laura Draper; Rose Scholarship, Gemma Chalk, Lucy Conroy, Chakindra Ubah Dirie, William Hooper, Sophia Hurst, Harriet Tighe; Sir Joseph Cantley Memorial Deshpande, Kimball Edey, Emma Fenelon, Daniel Isenberg, Anja Lansbergen, Georgina Prize, Azba Malluk; Sir Robert James Fraczyk, Coco Keene, Rebekah Mayrick, Morgan, Francis Payne, Rachel Pimm-Smith, Micklethwaite Memorial Prize, Hester Anna Peace, Gavin Rice, Emma Spencer, Kirsty Schneeberger, Peter Stewart, Emma Fairclough; Stanley Levy Memorial Prize, Laura-Jane Swaile, Kenneth Tang Walker, James White, Lydia Williams Eminjeet Kaur Kandola; State School Award, Georgina Messenger; Terence Fitzgerald Benefactors Duke & Duchess of Cambridge Pupillage Prize, Alessandra Scotto Di Santolo; Charles Brabin, Lloyd Hopkin, Matthew Hunt, Emmanuel Fagbemi, Ashantina Johnson The Lord Lowry Scholarship, Zoe Shauna Lyttle, Andrew Ozanian Shuttleworth; Winston Churchill Pupillage Award, Esther Babalola Individual named awards Diana, Princess of Wales Atkin Chambers Scholarship, Glenn Matthew Haveron Holmwood; J B Montagu Award, Iain Shirley; GDL Scholarships Awarded 2013 Blackstone Award, Timothy Rawlings; Brick Diplock Queen Mother Court Chambers Scholarship, Catherine Joyce Arnold , William Asquith, Kabir Bhalla, Andrew Bell, Emma Park, John Warriner Plummer; Christopher Benson Scholarship, Holly Clegg, Benjamin Gill, Jennifer Hirsch, Peter Jolley, Amil Khan, Tara O'Halloran, Bence Leb; Cunningham Award, Claudia Diplock Anika Randawa, John Stables, Kristina Tailor, Estephane; Gardiner Scholarship, Dolapo Jon-Selous Borlace, Asiya Elgady, Zara Simon Turnbull, Rupert Wickham Ajibade; Godfrey Heilpern Memorial Prize, McGlone, Ayisha Robertson Kristina Goodwin; H.R. Light Bursary, Nicholas Truelove; HHJ Paul Clark Harmsworth Harmsworth Scholarship, Sanel Susak; Hubert Monroe Rebecca Carr, Sahara Fergus-Simms, Sam Gemma Noble Scholarship, Isabel McCann; Jamieson Frost, Andrew Herd, Katya Hosking, Faegheh Award, Martin Jones; Jerry Parthab Singh Jenabi, Araniya Kogulathas, Alexandra Little, Astbury Scholarship, Katie Dunn; Joseph Jackson Mary-Rachel McCabe, Nicola Peach, Colette Camilla Draycott Award, Natalie Appiah-Dwomoh; The Lord Renton, Meera Rokad, Natalie Tenoria-Bernal, Jules Thorn Lowry Scholarship, Bellavia Ribeiro-Addy; Harry Wiltshire Gerard Pitt Luboshez Award, Christopher Harper; Malcolm Wright Award, James Greenwood; Astbury Benefactors Mona de Piro Prize, Tamara Hodge; Nicholas Christopher Adams, Kevin Brown, Leo Jordan Richardson

70 THE M IDDLE T EMPLAR M ICHAELMAS 2013 B OOK R EVIEW Islam and English Law

Review by Natasha Hausdorff

slam and English Law, edited by Queen’s University Belfast, identifies Master Robin Griffith-Jones, the concept of ‘human dignity’ as key IMaster of the Temple, was to the future debate in the published by Cambridge University interpretation of European Press in May 2013. The book is a Convention rights in light of Sir substantial contribution to an on- Nicolas Bratza’s account of the Refah going dialogue concerning the case. Professor Shaheen Sardar Ali of relationship between civil and the University of Warwick discusses religious law in this country. Its the engagement of Muslims in the genesis may be traced back to Dr mainstream institutions of state, law Rowan Williams’s 2008 lecture, and society and their rights and ‘Civil and Religious Law in England: responsibilities as citizens, and a religious perspective', which was Professor Abdullahi Ahmed An- given at the Na'im, of Emory University, reflects and which stimulated substantial on the relevance of Jihad in the media coverage of the issue of Sharia context of the relationship between Councils in the United Kingdom. religion and the state. The volume Many of the chapters have also deals with wider themes of developed from public discussions freedom of speech, legal principles, held in the Temple Church following ‘fuzzy law’ and religious rights and the 2008 lecture, and from a series of the public interest. It is a book bursting with round-table conversations on English On Monday 3rd June a panel knowledge, insight and analysis from and Muslim family law. In his discussion for the book’s launch took some of the most respected academics introduction to the book, Master place in Temple Church, which has and practitioners with experience in Stephen Hockman explains that it played an important role as the venue this debate, over the extent of the begins with the Archbishop’s for lectures and discussions leading space that can be allowed for the reflections on law and religion and up to the publication of this work. customary or quasi-legal practice of ends with an examination by both Master Hockman chaired a panel faith groups alongside the secular law David Ford, Regius Professor of discussion between the now former of the land. Its authors show no Divinity at Cambridge, and Master Archbishop Rowan Williams, hesitation in tackling head on Nicholas Phillips, former President of Professor Elizabeth Cooke of the Law controversial issues, and in entering a the UK Supreme Court, of potential Commission and Reading University, very topical quagmire in an effort to future work on these issues. Dr and Professor Maleiha Malik of prompt the formation in the not too Williams’s main theme that a ‘defence King’s College, London. The distant future of practical solutions. of an unqualified secular legal audience comprised many of the Islam and English Law: Rights, monopoly in terms of the need for a academics who had contributed to the Responsibilities and the Place of universalist doctrine of human right book and some of those directly Shari’a, ed Robin Griffith-Jones, or dignity is to misunderstand the concerned and active in some of the Cambridge University Press (2013) circumstances in which that doctrine Sharia Councils which had prompted emerged’ opens the door, in the the Archbishop’s original speech in chapters that follow, for extensive 2008. The presence of individuals so scrutiny of the type of legal personally involved in the subject framework we, as a society, should matter prompted an enlightening and aspire to. in-depth public discussion of many of The book is enriched with diverse the key themes of the book, which outlooks on the different concepts of will no doubt continue to fuel debate legal pluralism and human rights. on the future relationship between Professor Christopher McCrudden, of Islam and English law.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 71 S TUDENTS A Year in the MTSA

by Karlia Lykourgou, President 2012-2013

homas Hobbes described the London, competitions were held at enjoyed a champagne reception, life of mankind as ‘nasty, Middle Temple, including the Inter- canapés, a live jazz band and a DJ. Tbrutish and short.’ As I sat Inns Competition and the Monroe Particular help with the Ball was with my friends in the aftermath of Cup, to select students for the provided by Bilshan Nursimulu, our the civil litigation exam, many of us European Championships. Our Treasurer; Roovisha Seetohul, our expressed similar sentiments about Debating Officer, Ellen Robertson representative; and the BPTC. However, one aspect of also organised workshops throughout Jamila Bernard Stevenson, our part- this year that conjured good feeling the year for students to improve their time representative, as well as for everyone is the time we have debating skills, with Master Reade Hannah Gomershall, a lovely MTSA spent at our Inns. As President of the QC and Charlotte Thomas, the current student volunteer. Middle Temple Students’ Association English debating champion. This event was followed by the (MTSA), I was inclined to agree, as I Middle Temple students have also Port, Wine and Cheese evening in have found my involvement with the been provided with ample opportunity January, where we enjoyed the fire in MTSA Committee to be one of the to moot with teams sent to the Jessup the Princes’ Room over a glass or best experiences I have had while and UKELA competitions, as well as two. Our Vice-President Oliver De- studying law. the Willem C Viz competition in Silver also channelled Jeremy When I was elected President in Vienna. Mooting training was also Paxman at the MTSA quiz nights and October 2012, I expressed three aims: put on to improve students’ provided the students with an to make the Inn as inclusive as techniques and these were tested out opportunity to flex their intellects and possible for the students; to build in the course of the Kennedy ‘speed’ fight out the Inn rivalries. Conscious upon the good work of the previous Moot, organised by our Mooting of involving our out-of-London MTSA; and to encourage as much Officer, Steven Kennedy. members, pub trips were also participation as possible. Members of In order to help the students to organised after dining sessions so that this year’s MTSA Committee have present their new, improved advocacy students could have more worked together to achieve these skills, the MTSA organised a opportunities to mingle with each goals by organising activities that Pupillage Evening in March. This other and the MTSA Committee. As have provided students with event followed the success of the summer months shuffled in, the opportunities to develop their skills at previous MTSA career evenings Committee fought against the dying the Bar while getting to know their where chambers were invited to speak of the light (or the year) by inviting fellow Middle Templars. on the subject of how to draft winning the students into the Inn’s garden for In the same way Jason sought the pupillage applications. The MTSA Pimms. golden fleece, the BPTC student built on this formula by providing the The students were kept fully seeks pupillage. I don’t know which opportunity for students to have their informed of all the MTSA’s activities is harder. You could argue that Jason CVs and pupillage applications through updates on the MTSA had mythical beasts and only one shot checked by pupillage committee website and through the monthly at his quest, but equally there was less members from over eleven different newsletter. The Committee also competition and no pupillage chambers. The students also gained established a Middle Temple gateway. On this understanding, the insights into the chambers’ Students’ Association 2012-13 MTSA invested much of our time and application processes over a Q&A facebook page so that we could resources into providing opportunities session and during the reception communicate with this year’s intake for the students to improve their afterwards. more directly and to facilitate advocacy skills and to gain The MTSA also took an active role communication between members. experience that they could put into in organising social events for our These means of communication were their applications. members to get to know each other, maintained by our Communications The MTSA provided opportunities which were spearheaded by our Officer, Iain Shirley, who took care of for students to debate in university Social Secretary, Emma Spencer. The all the technical aspects that no one competitions at UCL, Bristol and the Winter Masquerade Ball was the main else on the MTSA understood. Oxford Women’s Open. For those in project for the first term and students The MTSA has also represented

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the students at the Inn throughout the compiled for the students to join. am extremely proud of the MTSA’s year on the Executive Committee, the Finally, the students were invited to work this year. I am honoured that I Hall Committee, the Students’ and express any of their views and ideas had the opportunity to head the Barristers’ Affairs Committee, the with me directly over coffee on the Committee and I wish the 2012-13 Social Committee, the Library last Friday of every month. intake the very best of luck in the Committee and the Education In addition to those already future. Committee. The MTSA also mentioned, the following members of redrafted our Committee constitution the MTSA also contributed much of and have been working with other Inn their time and energy to our efforts: committees on a scholarship for those John Oxley, Kaplan representative; intending to undertake internships Gillian Huston, BPP representative; abroad in their free year before Georgia Chapple, pupillage. representative; Charles Brabin, Out of In order to encourage student London representative; Catherine involvement at the Inn in general, the Sayers, Education and Welfare MTSA also arranged for a list of Officer; and Alexandra Benoiton, Karlia Lykourgou was called to the Bar Middle Temple groups and societies Equality and Diversity Officer. in November 2013 and is now assisting and specialist Bar associations to be This team has been brilliant and I the death penalty team at Reprieve.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 73 S TUDENTS Debating by Ellen Robertson

ebating in Middle Temple who is the current English Debating went on to represent England at the continued to thrive in 2013. champion, also conducted a master International Final. DAs the MTSA Debating class on competitive debating. To In March 2013 Jennifer Hirsch and Officer I was responsible for encourage student attendance at Joshua Perry competed in the 2013 organising debating activities debating events a session was also run UCL IV Debating Competition and throughout the year and am grateful on pupillage interviews. tackled the difficult issue of legalising to Master David Reade as Master of the sale of organs. Jennifer and Debates for his support in this “Students did their best to Joshua were very successful in their important area for the Inn’s students. persuade Master Reade of their debate on whether it is morally Workshops have formed a central permissible to target civilians during feature of debating activities, and viewpoints on the role of wars, and came first out of the four Middle Temple students have chambers in controlling public teams. participated in a variety of debating In April 2013 Subashini Nathan, workshops throughout the year. statements by their members Hannah Somanathan and I entered the These have included sessions on and whether barristers should 2013 Oxford Women’s Open improving the structure of speeches, Debating Competition, and debated making effective opening speeches, always have to disclose minor whether or not religious street and one on how to construct a well- criminal offences” preachers should be banned and analysed argument. The workshops whether or not feminists should join have provided an opportunity for During the course of the year the army. Subashini and Hannah novice debaters to test out their skills Middle Temple students have were the only first-time competitors at in a supportive environment and to represented the Inn in a range of the entire competition, and I reached learn from some of the experienced external debating competitions. In the semi-final. In addition to debaters who are currently students at November 2012, Muhammad Syamil competing, all three of us participated the Inn. Experienced debaters have and Tracy Shuk Sien Tan travelled to in a forum about everyday sexism and used the sessions to hone their skills Bristol to compete in the 2012 Bristol methods of challenging misogyny in for external competitions. At each Inter-Varsity Debating Competition. debating. workshop, students participate in a Topics ranged from allowing victims On 25 June 2013 Rupert Lipton, formal debate. Debating topics have of miscarriages of justice to sue Stuart Kennedy, Stanzie Bell and I embraced an eclectic range of expert witnesses to whether South competed in the Inter-Inns Debating subjects that have included issues Korea should provide unconditional Competition against Inner Temple, such as abolishing the cab-rank rule, humanitarian aid to North Korea. Lincoln’s Inn and Gray’s Inn students, shutting down social media in Two weeks later, Matthew Cassells debating whether or not we should emergencies and the legalisation of and Nicole Thomas entered the welcome the recent revelations that drugs. prestigious 2012 John Smith the US government has been reading One of the most popular Memorial Mace, a two-day private emails. Stanzie Bell and I workshops was a lively discussion led competition organised by the English- reached the Final, where we argued in by Master Reade about issues Speaking Union. They tackled favour of Scottish independence. affecting the modern Bar. Students debates on abolishing national school The Inn’s internal debating did their best to persuade Master curricula and suspending employee competition is the Monroe Cup in Reade of their viewpoints on the role rights in times of high unemployment, which pairs of debaters compete for of chambers in controlling public and enjoyed successfully debating the cup donated by the late Master statements by their members and against teams from Inner Temple and Monroe. Fourteen teams entered the whether barristers should always have Lincoln’s Inn. Charlotte Thomas, 2013 Monroe Cup Debating to disclose minor criminal offences. who entered the competition Competition, debating in preliminary A former student member of the representing Kaplan Law School, was rounds on negotiating with terrorists, Inn, now a pupil, Charlotte Thomas, a member of the winning team and subsidising feminist pornography and

74 THE M IDDLE T EMPLAR M ICHAELMAS 2013 S TUDENTS legalising performance-enhancing drugs in sports. The winning team from each preliminary debate went through to the Monroe Cup Final on 14 June 2013. The teams competing in the Final were Natasha Hausdorff and Stanzie Bell; Steven Kennedy and Rupert Lipton; Philip Anderson and Efe Ilguy; and Peter Kumar and Chris Liaw. The teams had only fifteen minutes to prepare their arguments on the motion ‘This House Would Limit Prison to Violent Offenders’. Each speaker had seven minutes to persuade the judging panel of Master Rodney Stewart Smith, Master David Reade and Charlotte Thomas. The judges were particularly impressed by the polished performances of all eight speakers in the debate as well as the high quality of the arguments, and announced Natasha Hausdorff and Stanzie Bell as the winners of the 2013 Monroe Cup. In August, Wendy Olsen and Christopher Styles represented Middle Temple at the European University Debating Championships in Manchester. She reported that the best debate of all centred on the claim that instead of demonising Muslims in general, the U.S. response to 9/11 should have been mainly to declare such acts individual crimes. Middle Temple came 180th out of 216 teams.

Ellen Robertson studied Jurisprudence at the University of Oxford. After graduating, she taught English in Japan for a year as a participant on the Japan Exchange and Teaching Programme. She is currently taking the BPTC at Kaplan Law School and hopes to practise in employment law and personal injury law.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 75 S TUDENTS Moot News Everyone!

by Steven Kennedy

hen you order a incredible amount of time and effort final rounds to be held later that strawberry sundae you are to assist in mooting, and I suspect my evening or early the next day. Sadly, Wnot impressed when your role would have been far more the Middle Temple team did not sundae arrives with strawberries, but difficult without her support. The qualify, missing out by the barest of you would be surprised should it entire MTSA committee gave their margins, much to the disappointment arrive without them. This is how help throughout the year to ensure of coach and student alike. mooting on a pupillage application that last year's mooting did not fall The MTSA also competed in a was described to me by a very below the high standards set in number of other significant moots colourful barrister in my first year at previous years, and my personal throughout the year. The MTSA team university. Mooting is an expectation thanks go out to each and every one at the Southampton National Moot on a pupillage application; it shows of them. Competition reached the semi-finals an ability to construct arguments, to The largest competition of the year and the UKLSA moot competition analyse information and to present was the Willem C Vis International team missed out on the semi-final by evidence orally in front of a judge: Commercial Moot Competition, a single round in a strongly contested which initially involved ten Middle moot. A number of international, Temple Students. A considerable national and local moots were opened Henry Bennett reports that the contribution from Lord Hacking and to Middle Temple students with the moot, which began as a Master Stewart Boyd helped to assistance of Students’ Officer prepare a group of five for the final Richard Chapman who worked competition between a small oral stage of the moot held in Vienna. diligently to bring mooting and number of university law Henry Bennett reports that the debating news to Middle Temple moot, which began as a competition students with a bi-weekly newsletter. schools in 1992, today attracts between a small number of university These moots present an excellent nearly three-hundred teams law schools in 1992, today attracts opportunity to develop the skills from law schools and nearly three-hundred teams from law necessary for a career at the Bar, but schools and universities from around many students on the BPTC are universities from around the the world. The competition comprises engaged in full-time employment world. two phases: the research and writing while undertaking the full-time of the memoranda for the Claimant educational course, or are raising a and Respondent and oral arguments family while studying. These the essence of being a barrister. based on the memoranda. The 50- students often found that the mooting With this in mind, my intention has page problem is designed to raise competitions on offer were not been to bring mooting to as many questions in relation to both the accessible. They did not have the people as possible during the BPTC substantive and procedural law whilst time to spend to research a legal course, and to ensure that those who further testing the teams’ problem, done on the Law degree, missed out in the past were given understanding of the arbitral process. GDL and BPTC courses ad nauseam, every opportunity to take part. There Over four days the Middle Temple for the ten minutes of advocacy were no set criteria for applications, team competed against four different offered by most moot competitions. no selection process based on teams from around the globe, arguing For these students I wanted to design experience or success. Students were twice for the Claimant and twice for a new style of moot, something which selected based on their willingness to the Respondent, with the scores was accessible and which they could take part and to commit their time. awarded by the panel of arbitrators put on their pupillage applications. This would not have been possible being collated across the competition. To assist those students I created a without the dedicated members of the On a Tuesday evening a tense event moot for which students did not need Middle Temple Students' Association was held in Austria Centre Vienna, to spend hours researching a legal (MTSA) committee. Our President, where the teams were informed problem yet would still gain a Karlia Lykourgou, devoted an whether they had qualified for the significant amount of advocacy

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experience. The students were presented with a moot problem and the cases that they must rely upon. Legal research was limited to the cases provided and all else was excluded. This allowed students to complete limited research and to spend their time practising their advocacy. The moot took place late in November before a panel of five experienced barristers in a ‘House of Lords’ style competition. Each of the barristers gave up their evening to give the students a once-in-a-lifetime mooting opportunity. The participants' submissions were not timed, each student had prepared roughly ten minutes of submissions; however, the bench made judicial interventions throughout, which resulted in each mooter speaking for roughly twenty The Middle Temple Mooting team for the Willem C Vis competition to twenty-five minutes. The mooters Back row: Lord Hacking, Husayn Symonds, Caislin Boyle, Henry Bennett had an opportunity to hone their Front row: Rosie Scott, Sam Haubold, Gabriella Savastano responses to judicial interventions in a setting that only a very few finalists Moot finalists 2012: Rosalind Earis (winner), Anthony Clarke, Will Clerk (winner), Oliver of the largest moot competitions ever Caplin, Steven Kennedy and Hannah Bill get to enjoy. I would like to thank the Middle Temple for their help and for providing rooms for mooting competitions, often at very short notice. Without their assistance it would not have been possible to find the judges or venues required for competitions and training the MTSA organised this year.

Steven Kennedy was the 2012-13 MTSA Mooting Officer. He graduated from the University of East London with an LLB (Hons) and completed the BPTC at BPP Holborn. A recipient of The Duke and Duchess of Cambridge Scholarship, he was Called in July 2013, and hopes to practise in Criminal Law.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 77 S TUDENTS Marshalling

by Shazeeyah Akhtar

ith the help of the interactions as the judge sees them. Judge Mitchell as he walked through Assistant Students’ Upon arrival at the courthouse, I a judge's corridor to the courtroom. WOfficer, Sarah Hankinson, was security cleared and then directed When the clerk said ‘All rise’, Judge I had the opportunity to do to a courtroom. Judge Mitchell Mitchell entered the courtroom and marshalling with HHJ Mitchell, who welcomed me and took me to his we all bowed our heads. We took our sits in the Gee Street Court House and room. I was introduced to his clerk, seats once he sat down. hears Family & Child Law cases, who in effect is the practical interface The judge has a key part to play in public and private. Judge Mitchell between the judge and the parties. setting the tone of the proceedings. If kindly emailed me a few days in When the client arrived in court, the counsel is being aggressive, he can advance to let me know what type of clerk notified the judge that the calm the situation, or change the pace case he was hearing and how my parties were present and provided any if he has heard things before. week with him would pan out. I have last papers that were being submitted. Witnesses have a protector in the sat observing in courts before, tucked The accessibility to the judge is form of the judge as all sides have away at the back, but now I was limited by a distinct distance, which their own agenda, whereas the judge going to be sitting alongside the is necessary not only for security but is assessing the events in the interest judge, experiencing all the courtroom also for justice, so I followed behind of justice. Counsel always kept an eye on the judge - if he was writing, reading or pre-occupied in anyway, counsel paused until the judge was ready or indicated otherwise. The judge has the power not only to make decisions but also to issue them with a penal notice to ensure that actions comply with court requirements. For legal-aid funded cases, at the end of the hearing, counsel request a form to be signed by the judge. Besides this extra step, there is no difference in terms of case management. Family proceedings are often emotional and complex. Some cases have a relevant history spanning over ten years, which basically translates to more than eight full binders of papers (indexed and paginated). During the hearing these folders need to be efficiently navigated by counsel, the witness in the stand and the judge. On occasion papers are adduced late to the bundle on the day; maybe all parties will agree or perhaps the judge will disagree on the basis of ECHR Article 8. Subject to the case, the judge may choose to acknowledge the hard work of an expert and thank them, although I witnessed some cases where such

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gratitude was not necessarily due. the judge very kindly asked the parent educational experience. I am most Cases are listed with approximate if they wished to say anything outside grateful to him for this opportunity, as time allocations as agreed with the of what had been discussed. On I have learnt an enormous amount judge. These have become even more another occasion, in a joint parenting about the work of a barrister and the critical after the Public Law Outline case, the judge acknowledged the role of a judge. (PLO) pilot implementation started difficulties of arriving at an this July. This is aimed at minimising acceptable solution and thanked the expert witnesses and setting a parents for their efforts. maximum 26-week timeline for Judge Mitchell was very resolution in Family Law cases. To considerate throughout my time with Shazeeyah Akhtar is a mature student enforce these, the judge sometimes him. He gave me papers to read of who has just started the BPTC course at gave counsel gentle prompts and to scheduled cases, and background BPP this September. In 1993, she others, strict instructions. To enable references to help me understand the graduated from Imperial College with a degree in Computing Science (BEng) continuity and efficiency, certain legal arguments being presented. and pursued a successful IT career cases can be reserved for a judge who Even in court he passed bundle which ranged from being a programmer has already heard the case before. folders to me so I could see what was to managing international support After a time in the witness box, being referred to. He made a genuine teams. She has also taught Science and before releasing the parent witness, effort to ensure I had a good quality Maths to children for over 10 years.

Marshalling Judges on Circuit needed!

Students love marshalling. It provides them with an opportunity to observe the rules of procedure and evidence in action, to observe live advocacy, to learn about the “do’s and don’ts”, what the judge finds helpful and persuasive, and how the judge reaches his or her decisions. In short, it helps students to see in practice what the Bar Professional Training Course (BPTC) teaches them (mostly) in theory. We are very fortunate: a good number of Middle Temple Judges are happy to take marshals on a regular basis. However, as an increasing number of students are undertaking the Bar Course on Circuit, we need more marshalling judges in or near where the courses are held, namely Birmingham, Bristol, Cardiff, Leeds, Manchester, Nottingham, and Newcastle. If you sit within easy reach of any of these places, either as a Judge or as a Recorder, and would be willing to take a marshal once in a while, we would be delighted to hear from you. Sarah Hankinson, Asst Students’ Officer, looks after the scheme and would be able to tell you more. Contact her at [email protected].

Middle Temple Circuit Judges’ Dinner Saturday, 1 March 2014

The Inn’s bi-annual dinner for Circuit Judges and their partners will take place in Hall at 7.15 for 8.00 pm. Tickets cost £65 per person including champagne reception and wine, and dress is Black Tie. To book and for further information, contact Bench Administration, on 020 7427 4804 or by email at [email protected].

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 79 S TUDENTS Acid Violence: A Scorching Reality by Shabina Begum

Acid violence is the deliberate use of acid to attack figure increased to 67 within a year and the numbers have another human being. The victims of acid violence are continued to rise almost threefold within five years.7 In the “overwhelmingly women and children, and attackers UK there are no specific organisations that support often target the head and face in order to maim, disfigure survivors of acid attacks: any such cases are usually handled and blind. The act rarely kills but causes severe physical, by the police or hospitals. If the crime is committed in the psychological and social scarring, and victims are often left context of a domestic relationship the survivor is referred on with no legal recourse, limited access to medical or to a domestic violence organisation. psychological assistance, and without the means to support There have been some cases within the domestic violence themselves. Acid violence is a worldwide phenomenon that remit, which have not resulted in acid attacks, but threats is not restricted to a particular race, religion or geographical have been made to use acid against the vulnerable party of location.”1 the relationship. These cases demonstrate that there is an In the UK the horrific impact of acid violence was increasing risk within the domestic violence sector of acid highlighted by the case of Katie Piper, a former model and being used as a weapon, as the perpetrators, usually TV presenter and the founder of the Katie Piper Foundation, husbands or partners, threaten to throw acid on their female whose identity was permanently changed after the malicious partners in order to assert control.8 The mere threat to use attack. acid as a weapon is a grave concern, as not only is it ‘On March 31, 2008, the old Katie Piper disappeared suggestive of the destructive frame of mind of the forever. The acid, hurled into her face on a busy London perpetrator but it also raises the spectre of such an evil street, disfigured her beyond recognition. Some slipped weapon actually being used. The nature of domestic down her throat with further terrible consequences.’2 violence is that the abuse takes place behind closed doors, Unfortunately, this was not a one-off story and the and the effect of acid is that it can not only disfigure but ‘scorching reality’ is that there has been an increase in acid also kill. So this raises the question: how do we prevent attacks in the UK. In 2009 it was reported in the Daily Mail such a deadly weapon entering these deceptively quiet but that acid was used as a weapon for honour-based violence in violent homes? East London3. In March 2012 reported a In countries where acid attacks have been branded a racially motivated acid attack in Salford.4 This year there prominent issue legislative change appears to be the way were two cases reported in London: 20-year-old Naomi Omi forward. Bangladesh was the pioneering country to pass was attacked near her home in Dagenham5 and a 28-year acid violence-specific legislation in 2002: The Acid Control old woman was attacked in Romford and chose to remain Act and The Acid Crime Control Act. Cambodia and India anonymous out of fear of reprisals6. are also united in the same stance of devising legislation, Sadly, there are many other unreported cases and silent albeit at different stages. The Cambodian acid-specific survivors in the UK. According to the NHS Information legislation, the Law on Regulating Concentrated Acid, was Centre, 44 people were admitted to hospital between 2006- passed in December 2011. In India the Government is 07, after being ‘assaulted with a corrosive substance’; this considering a legislative amendment to the Indian Penal Code. The legislations serve two purposes: first to regulate the sale of acid; and second, to make ‘acid attacks’ a specific crime, with sentences which correlate to the Shabina Begum graduated from the University of Greenwich in 2008. She was called to the Bar in 2009 and was also awarded severity of the crime. the Lowry Scholarship. Since being called she has worked as a A good tool to measure the need for acid-violence Paralegal and subsequently as an Independent Domestic specific legislation is the sentencing powers for the crime. Violence Advocate; she has eight years of collective experience Notably, the current maximum sentence in the UK for an within the domestic violence field. In 2012 she was awarded a acid attack (which does not lead to death) is 30 years. In Winston Churchill Travel Fellowship, which allowed her to travel Cambodia the new legislation which was passed increased to Sri Lanka, Cambodia and India to conduct research on acid the maximum sentence to 20 years. For this reason violence. legislation for harsher sentencing in the UK is not

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necessary. The need for legislation to regulate the sale of recognised, but the problem seems to be increasing. If acid acid in the UK is not an issue, as the UK does not violence is viewed as an extension of domestic violence, commonly operate industries which utilise acid for this would open up avenues to combating this heinous occupational purposes; therefore, acid is not so easily crime. available. It is a well-known fact that separation is the most In Sri Lanka, there is no legislative response to acid dangerous stage of an abusive relationship9 and therefore violence, but the need appears to be of a preventative one, the risk of an extreme measure such as an acid attack will which can be achieved by raising awareness and nationally be the highest at this point. Although a survivor of acknowledging the issue. The UK stands closest to the domestic violence may obtain an injunction against a situation in Sri Lanka, where acid violence is not nationally perpetrator, no court order alone would stand between the instantaneous decision of an enraged perpetrator to attack an innocent survivor, whose identity could be changed forever Sonali Mukherji (28 years of age) with Shabina Begum in India by a disfiguring substance. November 2012. Sonali’s message: ‘I am alone, I made a sound In order to eradicate acid violence the full extent of the alone, if there are more of us then we can collectively make some crime needs to be recognised and requires a co-ordinated noise and make a difference – we should not silently sit at home, response from multiple organisations, such as medical we have nothing to lose.’ professionals, legal professionals, domestic violence organisations and the police: only then can a fitting solution be successfully devised. The voices of many brave survivors, nationally and internationally, all echo one vision: they want to speak up against the crime, condemn it and act towards eradicating it. The UK is at a stage where it can prevent the crime from growing; therefore, it should not allow this scorching violence to become its new societal identity, but should act to eradicate the problem now. In order to read the full research report Acid Violence: Uniting for the Solution - Sri Lanka, India and Cambodia, please visit the following link: http://www.wcmt.org.uk/reports/1098_1.pdf

1 http://www.acidviolence.org/ (27 February 2013) 2 http://www.dailymail.co.uk/femail/article-1221077/Katie-Piper-Acid-attack-victim-bravely- shows-face-disfigured-boyfriend-Daniel-Lynch.html#ixzz2GXvGVufq (19 October 2009) 3 http://www.dailymail.co.uk/news/article-1201625/Cheating-wife-face-honour-killing-acid- poured-lovers-throat.html (24 July 2009) 4 http://www.guardian.co.uk/uk/2012/mar/26/salford-acid-attack-racially-motivated (26 March 2012) 5 http://www.bbc.co.uk/news/uk-21310263 (3 February 2013) 6 http://www.huffingtonpost.co.uk/2013/05/12/acid-attack-romford_n_3263164.html (12 May 2013) 7 http://www.hesonline.nhs.uk/Ease/servlet/ContentServer?siteID=1937&categoryID=211 (7 August 2012) 8 This information was gathered from confidential case studies taken from Aanchal Women’s Aid, Solace Women’s Aid and Saheli Asian Women’s Project 9 http://www.womensaid.org.uk/domestic-violence- articles.asp?section=00010001002200410001&itemid=1277&itemTitle=Why+doesn%27t +she+leave

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 81 S TUDENTS Human Rights Lawyers’ Association Judicial Review Competition by Richard Reynolds

he decision of the Secretary of new time limit of 30 days was impressed that the runners up, Yong State for Justice to limit the irrational, in that it did not allow time Chong and Seraphina Chew, both Ttime a person can apply for for the claimants to follow reasonably undergraduates at the LSE, had judicial review to 30 days is unlawful. the pre-action protocol, or to consider reached the final after competing Such was the decision of the seriously alternative dispute against over 40 other teams, many of Divisional Court, composed of Mr resolution and was therefore self- them BPTC and LPC students. Justice Guy Newey and Judge defeating given its stated intention of Both teams had already progressed Nicholas Cooke QC, sitting at Middle reducing costs and delay. Such a through a written application stage Temple Hall on Thursday 7th March. situation could lead to ‘Judicial and at oral permission hearings hosted The United Kingdom's first student review becoming the first place to by Hardwicke Chambers. The final judicial review competition was won look for a remedy rather than (as it of the competition was followed by a by Jelia Sane and Matthew Fraser, a should be) the last’ according to the Private Guest Night at Middle Temple team of two BPTC students from City City team. It was this point and its Hall, where both teams were invited Law School. The competition, run by implications for access to justice and to dine with members and Benchers the Human Rights Lawyers’ the requirements of Article 6 of the of the Inn and their guests at a black Association (HRLA), is ‘designed to ECHR that led to the judgment of the tie dinner. increase awareness and understanding court as detailed by Master Cooke. This year the Human Rights Lawyers’ of the process of judicial review and In awarding the prize of JUSTICE Association will provide around ten its crucial role in the British membership and annual conference awards from a maximum annual bursary constitution’, said Michael Polak of tickets, Judge Cooke QC and Mr fund of £10,000. Further information in the HRLA’s Student Committee, Justice Newey took note of the regards to applying for a bursary or which organised the competition. impressive standard of both sides’ joining the HRLA can be found at The winning argument was that the submissions. They were particularly www.hrla.org.uk

The decision of the Secretary of State for Justice to limit the time a person can apply for judicial review to 30 days is unlawful. Such was the decision of the Divisional Court, composed of Mr Justice Guy Newey and Judge Nicholas Cooke QC, sitting at Middle Temple Hall on Thursday 7th March.

82 THE M IDDLE T EMPLAR M ICHAELMAS 2013 H ALL M EMBERS MT Young Barristers

by Ali Dewji

t has been another busy and the series was held in the spring. It showed them alternatives such as pro successful year for the Middle was entitled 'What to expect when bono and paralegal work as well as ITemple Young Barristers' you get on your feet' and aimed to career options outside the Bar. Will is Association (MTYBA). The answer questions and boost also leading the push to create an association was formed three years confidence for those about to conduct intern scholarship programme to ago in order to foster greater their first hearings alone. support those in the gap between the participation in the life of the Inn Bar course and pupillage. among junior members. Membership Encouraging excellence in is currently open to all those who As well having a chance to try advocacy is part of the core business have been Called and are within their out their dancing shoes, those in of the Inn and MTYBA strongly first five years of practice. attendance enjoyed live musical supports this. The second annual Holding social events that appeal MTYBA advocacy competition was to the young Bar is a key part of performances, acrobatic held this year and featured three MTYBA's function and is something displays, fire-eating and even an rounds of competition. In each round our Tenants' Officer Lewis Preston the format emphasised a different set enjoys doing. The MTYBA exotic snake charmer of advocacy skills: firstly a plea, Christmas party is now an annual secondly a legal application, and event and is fast becoming a highlight Even with the best preparation in finally a full mock trial. The of the Inn's social calendar for junior the world, it is inevitable that some competition was carefully and members. 2012's party was the most pupils will need to seek out a third or thoughtfully organised by our well attended yet and, in the spirit of fourth six before finding the right Advocacy Officer Ammina Khan. inter-Inn solidarity, the Inner Temple chambers for them. To that end, the MTYBA benefits greatly from the Young Bar were invited along as well. third event in our series, which took experience and hard work of Earlier this year, MTYBA hosted a place this summer, focused on how to Treasurer Christopher Stringer, night out at Guanabara, a Brazilian- get and succeed in third sixes. Each Communications Officer Mike themed bar and nightclub in Covent event featured a panel of people who Harwood, and Returning Officer Garden. As well having a chance to had recently and successfully Richard Main. They are integral to try out their dancing shoes, those in navigated the stage discussed and was the overall organisation of the attendance enjoyed live musical driven by questions from the association and to its events. I thank performances, acrobatic displays, fire- audience. Our feedback on the events them and the whole committee for all eating and even an exotic snake has been good and we plan to start the their hard work this year. If you have charmer. All told it was a spectacular series again in time for the next crop any questions about MTYBA or change from a routine Friday night of young barristers. would like to get involved in any of that I expect will be fondly For those who have been Called its activities, please do not hesitate to remembered. but are yet to secure pupillage, contact me. In addition to MTYBA’s social MTYBA Pre-Pupillage Officer role, we try to help our members deal William Glover seeks to provide with some of the particular challenges support and encouragement with the of this stage in their careers. For search. His first event, earlier this Ali Dewji studied International Relations and History at LSE before doing a law example, Pupils' Officer Karen Reid year, was about how to make conversion course at City University and has taken over organisation of successful pupillage applications. an LLM from University College London. MTYBA's series of events targeted at Attendees were able to ask questions He was called to the bar in 2010 and pupils. One, in the autumn, focused and mingle and even had the did 18 months' pupillage in the on how to succeed in a first six and opportunity to get individual feedback chambers of Andrew Trollope QC at 187 will have served to settle the nerves on their CVs or application forms. Fleet Street. He has been a tenant there of those stepping into chambers for For those who hadn’t yet been able to since May 2012, practising exclusively the first time. The second event in secure pupillage, another event in Criminal Law.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 83 H ALL M EMBERS Connecting with the Future

by Gary Blaker

ast year in this publication I McCullough, for all the devoted hard discussion can take place, thus wrote about closing the gap work she has put into making this providing a strong educational Lbetween the Bench and Hall project a success. content. and I am glad to be able to write that Hall Committee was also involved I mentioned last year that I had those efforts have continued unabated in developing ideas for the CPD formed an Inter-Inn Committee for in the past year. Hall Committee has weekend in November and giving that the chairmen and deputies of all four been very involved in considering and weekend a greater social content both Inns’ non-Bench barrister committees. implementing new ideas which we for members of the Inn and also for I am glad to say that we have hope will lead to greater participation their families, as it coincided with the continued to meet during the course by members of the Inn. weekend when the Children’s of this year, discussing issues that are There are many examples of Hall Concerts were held. We anticipate common to us all. We are also in the Committee’s involvement and one that this will particularly encourage process of writing a constitution for which should bear great fruit is the members of the Inn who live outside the committee so that it will have a development of a mentoring scheme London to attend. more permanent footing in the future which Hall Committee has been The Committee is at present and next year Middle Temple will be working on during the past year. A working on setting up a Scholars’ hosting a reception for members of all pilot scheme was launched in June Society. This is only in its early the four Inns’ non- Bench committees. and about 30 potential mentors and stages of development but is a very This year’s Annual Dinner was mentees attended the launch. It is exciting idea. It would encourage attended by 200 members of the Inn, hoped that this is going to be a those who have received a scholarship including Benchers, Hall members, successful pilot and that the scheme from the Inn to remain involved in the students and guests. It was a fine will be open to more people during life of the Inn. I see this not only as a example of a diverse range of 2014. I should like to thank the way to increase participation, but also membership of the Inn all dining Secretary of Hall Committee, Louise as a means whereby academic together. We had the privilege of hearing Master Peter Hennessy speak about the Establishment, and his speech is reproduced in this issue with his kind permission. I should like to take this opportunity to thank my Deputy Chairman, Rebecca Richardson, for all her help and the entire Committee for their lively debate and enthusiasm. I was honoured to serve as the Chairman of Hall Committee for eighteen months. I am glad to say that the efforts to close the gap between Bench and Hall are bearing fruit. If you are interested in joining the Hall Committee and being central to the life of the Inn then please do stand for election in the autumn. It has been great fun being on the Committee for the past seven years and I thoroughly recommend it to all members of Hall.

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16th MAY 2013 Annual Dinner Thoughts on the British Establishment

by Master Peter Hennessy

Thoughts on the British Establishment.” This Indeed, if the British Establishment does exist, part of me particular ‘ment’ is a problem. In comparison, most must be part of it. Why? I like clubs, especially the dining “‘ocracies’ are easy. We all have pretty adequate variety. I have a fondness for traditional institutions and, working definitions of them. Michael Young, that when Parliament is sitting, spend a good part of the week in remarkable historical sociologist, who invented a new one the House of Lords which many might see as the when I was a boy in 1950s Britain, defined his Establishment’s debating chamber, canteen, broadcasting ‘meritocracy’ partly by placing it up against its predecessors service and retirement home all folded into one. in his classic work The Rise of the Meritocracy published in The Establishment notion does matter because, 1958 as both a satire and a warning. Writing as if he were a generation upon generation, so many intelligent and not historical sociologist of the 2030s, Michael declared, ‘Today always so intelligent people think it does exist – though the we frankly recognize that democracy can be no more than form it takes mutates and is always and everywhere aspiration, and have rule not so much by people as by the immensely stretching to capture and define. As Jeremy cleverest people; not an aristocracy of birth, not a Paxman, who wrote a good book about it in 1991 called plutocracy of wealth, but a true meritocracy of talent’. If Friends in High Places, puts it, ‘It is a harlot of a word, Michael Young were with us in 2013 he might add the self- convenient, pliant, available for a thousand meaningless defining ‘celebritocracy’ which is near ubiquitous and has applications’. spread like a fungus since The Rise of the Meritocracy was Yet we Brits have always had a certain idea of the published. Establishment as an inner track of people who fix things That word ‘Establishment’. A slippery term it may be. discreetly, unavowedly and unaccountably behind carefully But it’s everywhere. Yet its mercurial quality makes painted camouflage giving it a whiff of genteel conspiracy, cartography near impossible especially when it is used perhaps even with a dash of insider trading in the influence incontinently and imprecisely as in ‘Farage revels in shock market. to establishment’ when UKIP enjoyed its surge in the recent It is a concept that has stalked me for the bulk of my local elections. To lump the Conservative, Labour and working life and, in return, I have stalked it especially when Liberal Democrat parties together as the ‘establishment’, I wrote about Whitehall for The Times in the 1970s and instead of calling them the ‘mainstream political parties’, is 1980s. In the mid-1970s, for example, the incomparable absurd. David Butler introduced me to his fabled seminar on British Some even doubt if the establishment exists as more than government and politics at Nuffield College, Oxford as ‘The a notion, a convenient piece of linguistic litter to deploy as a gossip columnist of the British Establishment’. I was weapon of disdain, even denunciation, against individuals or faintly irritated by this at the time – but had to admit there clusters of people who you don’t care for, rather resent and was something in it. wish to annoy. If it does exist in terms of institutions and I acquired my first notion of the British Establishment by real flesh-and-blood people, this lustrous Middle Temple reading Anthony Sampson’s second Anatomy of Britain and this Great Hall are a good place to think about it published in 1965 which I received as a sixth-form prize. In because some of it will be living and breathing amongst us his first edition of 1962 Anthony set out to find it across a tonight and perhaps experiencing a frisson of self- huge range of British institutions and professions. He recognition that dare not speak its name. reached an intriguing conclusion. Not only did he dismiss conspiracy theory but Anthony declared that, ‘My own fear is not that the “Establishment” in Britain is too close, but Lord Hennessy of Nympsfield, FBA is Attlee Professor of that it is not close enough, that the circles are overlapping Contemporary British History at Queen Mary, University of less and less, and that one half of the ring has very little London. contact with the other half. In particular, the hereditary

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 85 A NNUAL D INNER

Establishment of interlocking families, which still has an This was a promising approach at the time but soon infectious social and political influence on the Conservative became less so as successive governments rather gave up on Party, banking and many industries, has lost touch with the Royal Commissions and committees of inquiry reaching for new worlds of science, industrial management and task forces, czars, focus groups and relying on the newer technology, and yet tries to apply old amateur deals into think-tanks of varying quality that bloomed in the late technical worlds where they won’t fit’. Anthony’s thinking Seventies and early Eighties. was very much a pre-echo of the theme Harold Wilson The Establishment concept has been made still more made his own when he became Leader of the Labour Party elusive over the past quarter-of-a-century by the rise of a in 1963. new political economy (the post-Big Bang City, hedge funds Anthony was drawing, too, on a revival of the and all that) plus an electronic media explosion driven by Establishment notion in the 1950s fuelled by two powerful new technologies alongside the grander , not to pens – those of the historian A.J.P. Taylor and the political mention the ‘New Britain’ ‘young country again’ banalities commentator, Henry Fairlie. of ‘New Labour’ which held the field and tempted the Taylor took up the theme in what was then still called credulous (as did something I could never grasp called the The New Statesman and Nation in August 1953 in a review ‘Third Way’) for a few years after 1997. of a new life of William Cobbett, a great denouncer of the These novel and sometimes proudly and avowedly non- Establishment, which he called ‘The Thing’. Taylor’s Establishment developments intrigued me afresh last month. opening paragraph remains, I think, a collector’s item: The first occasion was when Jonathan Hill, the Leader of ‘Trotsky’, he began (it’s a while, I suspect, since that name the House of Lords, opened the tributes to Lady Thatcher by was mentioned in this Hall), ‘Trotsky tells how, when he recalling 1975 when, as Jonathan put it, ‘this non- first visited England, Lenin took him round London and, establishment figure had become leader of the establishment pointing out the sights, exclaimed, “That’s their party’. Later in the month, while on a visit to my Westminster Abbey! That’s their Houses of Parliament!”… submariner friends at the Faslane base in Scotland, a young By them he meant not the English, but the governing officer, a touch nervously and apologetically, asked if I was classes, the Establishment. And indeed in no other a member of the Establishment. I replied: ‘If it exists, I European country is the Establishment so clearly defined must be’. A couple of weeks later I was walking with a and so complacently secure’. Wrote Alan Taylor. man I hugely admire, a scientist and a member of the House Henry Fairlie’s assault on the British Establishment in his of Lords who has run great institutions and yet has that Spectator column was triggered by the Foreign Office modesty and quietness that can go with great scientists – we finally admitting in September 1955 that the diplomats, Guy were walking between his Club, the Athenaeum, and Burgess and Donald Maclean, who had disappeared in May Brooks’s where we were to join an ancient dining club to 1951 were, in fact, Soviet spies and were now living in which we both belong that was once described as ‘the Moscow. Fairlie convinced himself that the long, if now- Establishment at play’. I told him about my submariner broken, official silence was an example of ‘the friend’s question. ‘I don’t believe there is such a thing as “Establishment” at work’ and by ‘Establishment’ he meant “The Establishment”’, he said. ‘If Anthony Sampson went not ‘only the centres of official power – though they are looking for it now he would find it completely different – in certainly part of it – but rather the whole matrix of official the hedge funds; in the media; the sort of people who would and social relations within which power is exercised’. Such think that academia and the clubs are the ancien regime’. matrices are very difficult to trace. My greatly admired friend set me thinking. I told him In the mid-1980s I tried to pin at least part of the that ‘if the Establishment does exist, you and I are part of Establishment matrix down when I wrote a pamphlet for the it’. In fact, I reckon there is a permanent element at the Policy Studies Institute called ‘The Great and the Good: An core of the British Establishment – a kind of gyroscope – Inquiry into the British Establishment’. My cunning plan which embraces the grand old professions like the Law and was to trace the tribe that had peopled the Royal the Civil Service (though the latter is a tad tattered at the Commissions and Committees of Inquiry since the Second moment), the House of Lords (especially sections of the World War and to pen mini-biographies of a trio of crossbenches where sit the former Cabinet Secretaries, Law outstanding princes of greatness and goodness – John Lords, Chiefs of the Defence Staff and Queen’s Private Anderson, Cyril Radcliffe and Oliver Franks, grand Secretaries), the Royal Society, the British Academy, the inquirers all. learned societies generally, the scientific and engineering

86 THE M IDDLE T EMPLAR M ICHAELMAS 2013 A NNUAL D INNER

institutions and the great medical colleges. The reach and clout of these institutions and tribes may fluctuate but they never truly fade, let alone disappear. While around this rooted, inner core there swirl the transient elements in the media, the financial world and the celebritocracy in constellations that vary generation upon generation. If I were planning a book on the British Establishment (which I’m not) that permanent/temporary divide would govern my approach. That great lawyer, Cyril Radcliffe, was profoundly irritated by the Establishment notion. Writing in 1961, when the satire boom – Beyond the Fringe and all that – was getting going, he said, ‘Let a fairy grant me my three wishes, I would gladly use them all in one prayer only, that never again should anyone using pen or typewriter be permitted to employ that inane cliché “Establishment”’. I fear Lord Radcliffe, up there in the Supreme Court-in- the-sky, is doomed to disappointment. We Brits will never give up on the Establishment as a notion. It’s deep within us. As a theme it’s had more comebacks than the Rolling Stones. For all the angry words, the denunciations, the parodies and the conspiracy theories we nurture it – almost cherish it. Why? Because quite apart from the fun of trying to determine who is or isn’t in it in each generation, it brings fascination to the curious, a target for venting and, therefore, catharsis to the resentful and stimulus to the conspiracy theorist. The British Establishment, like that great cathedral of a British Constitution which it serves as a kind of flying buttress, is Cobbett’s ‘Thing’. But it’s also a thing of magic, mystery and fantasy. Long may it remain so with its talent to amuse and to annoy and to evade description and capture even within the walls of this noble Hall.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 87 R EVELS Director’s Note

by Rebecca Richardson

hen I first auditioned for Revels as a Bar student in 2002, little did I know that I would find Wmyself, eleven years and twelve shows later, stepping down as Director of the show. I certainly could never have anticipated this would also be following such a special and successful production as Revels Gold on 7 June 2013, a one-off charity show of some of the best material from the past ten years, reuniting former Revellers and old favourites. I took over from our former director Deshpal Panesar in 2006, having been Producer for the two previous years, and have since directed eight shows, including Revels Gold. I loved my first few years in the show, and felt great affection for the production, so there was really no doubt in my mind about accepting the offers to become Producer and then Outgoing Revellers, technical director Aqeel Kadri and Director. Year on year, as we have tried to top the previous producer Paul Haut year’s performance, the time and work involved certainly seemed to grow exponentially, but so, too, did the So many talented people have taken part in Revels, but wonderful memories and the deep friendships with particular mention and thanks must go to my various Revellers both past and present. assistant directors over the years: David Sandeman, Morgan Revels is a fantastic way to become involved with the Sirikanda and, most recently, Jamie Johnston. Alex Price- Inn and, as my own experience shows, members often Marmion, Catherine Ellis, Louisa Nye and, currently, Emma return year after year once they have become involved, Waldron, have all been fantastic musical directors and regardless of whether they have gone into practice at the friends. Our producer since 2009, Paul Haut, also retired Bar, employed practice, or moved into other fields. There is down from Revels following Revels Gold, as did our real camaraderie and friendship amongst the cast, and whilst technical director Aqeel Kadri, who retired in 2012 but was a huge amount of hard work goes into the show, it has persuaded to come back for Revels Gold! Both have been a invariably been worth it every year. The fun and friendship huge support and great friends, and I know they will be of Revels are definitely something which I will miss a great missed by all. deal, although I must be honest and say that I will not miss I retire as Director of Revels with mixed emotions but 7am Sunday morning starts in December quite so much! happy memories. The past eight years have had highs which There are so many who have helped and supported far outweigh the lows, and will always hold a special place Revels, and me personally, over the years; to try and name in my heart. I look forward to being a part of the audience them all would be an almost impossible task. Master Peter this Christmas, and I am sure you will all join me in Cowell, Master of the Revels, has been a huge support over wishing the best of luck to Jamie Johnston, who takes over the years, and I will miss working with him. My thanks go as director; Lucie Broad, who takes over as Producer, and to all the staff of the Inn, particularly Colin Davidson; to the the cast in their future endeavours. I am sure they will do cast and crew, and our loyal audiences. us all proud.

Photographs courtesy of Alex Brenner

88 THE M IDDLE T EMPLAR M ICHAELMAS 2013 C IRCUIT N EWS

4th OCTOBER 2012 Liverpool Legal Walk by Rachael Robinson

ponsored by Scott Rees and Co, the First Liverpool Legal SWalk took place on Thursday, 4 October 2012, and was a great success. More than 100 walkers, grouped together in 19 teams, participated and raised over £2,500. The lead walkers are pictured right and were joined by walkers from 7 Harrington Street, Canter Levin and Berg, Cheshire West CAB, Exchange Chambers, Jackson Canter, Merseyside Civil and Family Judges, MSB Solicitors, Scott Rees and Co, Weightmans LLP, Bar Pro Bono Unit, EAD Solicitors, Liverpool Law Society, KUC, St Johns Buildings, Tracey Miller Family Law, Young Legal Aid Lawyers, SJL Quality, The Our Lead Walkers (left to right): His Honour Judge David Aubrey QC; Richard Pratt QC, Law Academy and the College of Leader of the Northern Circuit; Alistair Fletcher, Vice- President of the Liverpool Law Law Chester. Society; Steve Cornforth, President of the Liverpool Law Society; The Recorder of The evening was concluded with a Liverpool, His Honour Judge Clement Goldstone QC; Rachael Robinson, Middle Temple short speech from the Recorder of Student; Chris Walker, Partner at Scott Rees & Co Solicitors and NWLST Trustee Liverpool, who highlighted how important it was to give our support to the North West Legal Support Trust to help those who need it most. He encouraged us all to triple our interest next year and thus increase the amount raised to make the second walk an even greater success - If you would like to get involved something I hope I am able to achieve next year, please contact with the help of the Liverpool Legal [email protected] for more Community. details.

Rachael Robinson studied Law at Lancaster University, graduated in 2008 and was awarded the Diplock Scholarship in 2010. She has just completed the part-time BPTC at Manchester Metropolitan University, whilst working full-time as an Executive Assistant. She was Called to the Bar in July 2013 and hopes to practise public law.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 89 C IRCUIT N EWS

20th OCTOBER 2012 MT Northern Circuit Dinner by Elisabeth Cooper

n 20 October 2012 more than Middle Temple Hall, but its nine- One member reminisced about his 125 members of Middle metre high walls allowed for the Call night in which the workers OTemple and their guests projection of a number of rebuilding Middle Temple Hall gathered in black tie at the Imperial photographs upon the walls, following the devastating bombing in War Museum North in Manchester. contributing to an atmospheric setting World War II, downed tools Members attended mainly from the commented upon by all. Some of the temporarily to allow for the Northern and North Eastern Circuits, photographs were from the archives ceremony. welcoming the opportunity to dine, of the Inn recording the war era and Master Treasurer and Master Clem make new friends and celebrate old of course the bombing of Middle Goldstone, , friendships in the accustomed Temple Hall. Other photographs were were speakers at the event, both tradition of the Inn. of Middle Temple as it now stands; welcoming new faces and celebrating Attending the event were eighteen thus the evening’s speeches were the organisation of the event by Benchers of the Inn including the given against the backdrop of the Master Sarah Singleton and Jane Master Anthony Clarke in his then High Table of Middle Temple Hall Cross QC, both of the Northern role as Master Treasurer. The event giving the illusion that speakers and Circuit. was also well attended by student attendees were in the Hall itself. The Attendees spoke about their members studying outside of London. photographic projections enabled a continuing pride in their membership Guests included the Junior of the visual link between the Manchester of Middle Temple and their wish to Northern Circuit. venue and Domus. continue to build the links between The setting of the Imperial War Given the war era theme of the London and the North by ensuring Museum North was an unusual choice evening, several members unable to that events such as this take place on given its modern architecture, which attend wrote with apologies reflecting a regular basis. contrasts with the age and tradition of upon their own memories of this time.

Left: A view of the east end of Middle Temple Hall before the war

Right: a painting by Frank Beresford of the bomb damage it suffered later

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M ICHAELMAS 2013 THE M IDDLE T EMPLAR 91 C IRCUIT N EWS

15th MARCH 2013 Wales and Chester Circuit Dinner

By Natalie Sandercock

ames Tillyard QC and I were Judge of the Commercial Court at Stadium the following day, the menu delighted to host a dinner for Cardiff, was able to join us. was suitably patriotic, with leek and JMiddle Templars on the Wales potato soup topped with Welsh and Chester Circuit on 15th March of rarebit, and Welsh lamb being this year in Cardiff, at which Master As the dinner took place the amongst the delicacies sampled by Treasurer Christopher Symons QC night before a certain ‘decisive’ those attending! Master Treasurer was our guest. In organising the addressed the gathering and engaged event, which we hope will become an Six Nations Rugby match held in lively discussions with members of annual celebration, our aim is to in the Millennium Stadium the Circuit about the challenges presently strengthen links between members of facing the Bar, and the criminal Bar the Middle Temple practising on the following day, the menu was in particular. Wales and Chester Circuit, student suitably patriotic, with leek and The dinner raised the profile of the members and Middle Temple Inn on Circuit, and we hope, by members of the judiciary in Wales –- potato soup topped with Welsh making it an annual event, that this as well as to foster greater rarebit and Welsh lamb will encourage more members on engagement on the part of those out Circuit to visit the Middle Temple on Circuit with our Inn. We were when in London, as well as engaging extremely grateful to Master On Circuit this year, members of in supporting Middle Temple student Treasurer for travelling to Cardiff to the Middle Temple, both from the Bar members here in Wales. be our guest at the dinner, which was and the Judiciary, have been assisting well attended by both members of with advocacy training and career Circuit and student members alike. guidance for the many Middle Temple We were also pleased that His Honour student members who undertook the Judge Andrew Keyser QC, Resident Bar Professional Training Course / Bar Vocational Course in Cardiff for the academic year 2012-13. Our experiences in answering the students’ questions about different aspects of legal practice, and in helping them develop their skills as they prepare for a career at the Bar, has been fascinating and rewarding. The students’ enthusiasm and willingness to absorb information has been striking. Of particular note in Cardiff are the large number of students from Malaysia, most of whom will return there once they have been called to the Bar –- which is testament to the appeal and A graduate of Leeds University, James After graduating from the University of international reputation of the BPTC / Tillyard was Called to the Bar in 1978 Oxford (Christ Church), Natalie BVC at Cardiff. and was a Pupil Supervisor for the Inn Sandercock was Called to the Bar in As the dinner took place the night before taking Silk in 2002. He practises 2000. She practises family and civil law before a certain ‘decisive’ Six Nations family law from 30 Park Place at 30 Park Place Chambers. Rugby match held in the Millennium Chambers.

92 THE M IDDLE T EMPLAR M ICHAELMAS 2013 I NTERNATIONAL S OCIETIES The MT Society in Hong Kong

by Master Kamal Bokhary

asters John Griffiths and the Bench and Bar in Hong Kong and Barry Mortimer have put to strengthening the link between Mthe Middle Temple Society them and the Middle Temple. As one in Hong Kong on so sound a footing would expect, all of this has that it continues to thrive even though contributed much to the effective they have ceased to be residents in administration of justice in our courts. Hong Kong. True it is that we should At these gatherings, members of all hold ourselves debtors to our the Bar gain considerable insight into profession. In the case of Masters life on the Bench and, perhaps even Griffiths and Mortimer, any account more importantly, those on the Bench stated between them and their are reminded of what it is like at the Master Mortimer and Master Griffiths. profession would leave the law Bar. This photo was taken in Hong Kong — at the Hong Kong Club to be precise. heavily indebted to them. Still on these occasions, no one As it is now constituted, the who knows Master Griffiths would be Middle Temple Society in Hong Kong surprised to hear me say that his that there are six other even more was founded in 1998 - so it was one presence (even when the Treasurer of deserving applicants. As is only to be year after the handover on 1 July the Inn was present) was always the expected, the successful six derive 1997. And Master Griffiths's leading highlight of the evening — especially very considerable benefit from the role in the founding of the Society when he (Master Griffiths, not Master training that they receive. And the may be seen as a continuation of the Treasurer) wore a kilt. Long indeed Society’s experience is that they part which he, as the Attorney is the list of reasons why we all miss always put what they learn to General of Hong Kong at the time, Master Griffiths so much and long so excellent use. This is something played in securing a smooth transition much for a visit from him. As for the which I am particularly happy to from British to Chinese sovereignty other hero of this story, Master report. — a transition in which the Mortimer, he visits Hong Kong The scholarship scheme by which preservation of the rule of law as we regularly to sit with us on the Court members of the Bar are sent from understand and treasure it occupied its of Final Appeal. We all — none more Hong Kong to London is rightful place. than I — always look forward to his complemented by a scheme which Membership of the Society is not visits (kiltless though they are). flows in the other direction, under confined to Middle Templars. This There are other ways in which the which scholarships are awarded to inspired inclusiveness has worked to Society serves the administration of young Middle Templars for them to ensure that the Society achieves in justice in Hong Kong. One of them is come from London to Hong Kong, full measure that part of its objectives the awarding of scholarships. here to serve two weeks' mini- which is directed to fostering a Initially these were paid for by a few pupillage and spend two weeks placed collegiate spirit between the whole of senior members. They are now paid in an international law firm. These out of a fund generated by a highly scholarships are annual, and have successful fundraising event held in been awarded over the past two years. A Permanent Judge of the Hong Kong 2002. By these scholarships the I have twisted Master Scott's arm into Court of Final Appeal from 1997 to Society sends six barristers per year permitting me to declare here that this 2012, Justice Bokhary is now a Non- from Hong Kong to London, there to extremely worthwhile scheme is Permanent Judge of that Court. Called receive the training in advocacy funded by him. by the Middle Temple in 1970, he provided by the Middle Temple. I knew of course that I had an became a Bencher in 2001. Appointed a The only thing I do not like about Queen's Counsel in 1983, he was in the impossibly hard act to follow when I High Court from 1989 to 1993 and then this scholarship scheme is the became the Society's Chairman. But I in the Court of Appeal until going to the unpleasant task of having to turn knew, too, that I had excellent Final Court. He became Chairman of the down so many highly qualified colleagues to work with and to be MT Hong Kong Society in 2012. applicants for no reason other than helped by every step of the way.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 93 I NTERNATIONAL G RANT R EPORT UK Supreme Court judicial assistants’ visit to Washington DC by Michael Bolding

eorge Bernard Shaw once unimaginable in England. A eyes, the practice of members of the famously described Britain significant number of people camped US Supreme Court Bar attending Gand America as ‘two nations outside the Supreme Court for five moot courts to rehearse their oral divided by a common language’. days in order to be able to attend the arguments prior to the hearing of their Having studied for a master’s degree hearing. On the day the case was case seems equally alien. in America two years ago, I am well heard, a crowd of well in excess of a Although the two courts perform aware that the differences between the thousand people gathered outside. The essentially the same function, viz. the two nations extend far beyond the questions asked by the Justices during final resolution of important questions way in which the words ‘aluminium’ the hearing were reported on the front of domestic law, there are countless and ‘tomato’ are pronounced. As a page of almost every national differences between the US Supreme former judicial assistant at the UK . Extracts from the audio Court and its namesake in Parliament Supreme Court this year, I was given recording of the hearing (unlike the Square. Unlike the beautiful but the opportunity to assess the extent to UK Supreme Court, no cameras are somewhat understated building which appellate litigation in the US permitted inside the US Supreme occupied by the UK Supreme Court, differs from that taking place in Court) were played on many which is dwarfed by Westminster England. Each year the judicial television and radio shows. It was Abbey, the Palace of Westminster and assistants at the UK Supreme Court against the background of that the Treasury, the US Supreme Court are offered the chance to spend a publicity that we spent several hours occupies a magnificent marble edifice week in Washington DC learning chatting with Justice Scalia and on Capitol Hill. We were told that the about the US legal system and, in Justice Breyer, two of the most architect of that building, Cass particular, federal appellate litigation. charismatic members of the court. Gilbert, intended it to elevate the Most of the events are organised by Whilst they fiercely disagree with judicial branch of the Federal the American Inns of Court. each other on almost every question Government above the executive and COMBAR, together with the Bar of law that comes before them, legislative branches, both physically Council, kindly provided funding for Justices Scalia and Breyer were, and symbolically. my trip as part of the International somewhat surprisingly, equally Apart from the resources available Legal and Professional Development confident that the UK would adopt a to the US Supreme Court (there are Grants Programme. politicised method of appointing 25 librarians and around 40 law Whilst in Washington DC, we judges in the near future. Whilst the clerks, compared to the 2 librarians attended the oral arguments in three enactment of the Human Rights Act and 8 judicial assistants at the UK cases in the US Supreme Court. One 1998 may have led the courts in the Supreme Court), perhaps the most of those cases concerned the UK to determine far more politically noticeable difference between the two constitutionality of Proposition 8, an sensitive issues, it is hard to imagine courts is the length of each hearing. amendment to the California state the UK adopting a procedure similar Even the most significant and constitution providing that marriage to the Senate confirmation hearings complex cases in the US are unlikely for the purposes of state law must be that all Supreme Court nominees must to last for longer than 90 minutes. between a man and a woman. The endure. It is also hard to imagine the When the time allotted to a particular case attracted publicity on a level creation in England of a specialist attorney has expired, a red light at the Supreme Court Bar, whose members front of the court is illuminated and Michael Bolding was Called to the Bar are instructed in cases before the he continues to speak at his peril. The in 2010. He is a pupil at Brick Court highest court in the land because of hearings take the form of an Chambers and is currently working as a their familiarity not with the specific aggressive question-and-answer judicial assistant to Lords Anthony subject matter of the case but with the session, not wholly dissimilar to a Clarke and Robert Carnwath. members of that court. To English Jeremy Paxman interview. We were

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told that oral argument is the first Karlen, writing from an unmistakably cowboy boots (unsurprisingly, he was opportunity for the Justices to let their American perspective in 1979, stated not appointed by President Obama). colleagues know their initial views on that ‘[to] one observing an English We attended a hearing at the DC the merits of each case. It is hard to civil appeal, the proceedings appear Superior Court, a local court tasked avoid the impression that the Justices, very slow and leisurely’. Justice with confronting the US capital’s with the exception of Justice Thomas Scalia would agree with that problems of domestic violence and (who has not asked a question since observation. He told us that he would gun crime. The trip also gave us the 2006) also regard the hearings as an not give attorneys any more time for opportunity of getting to know many opportunity to entertain an audience, their oral arguments because ‘they former US Supreme Court law clerks sometimes a very large one indeed. would only regurgitate their written and attorneys working in Washington By contrast, hearings in the UK briefs’. Whilst we may not want to DC. One law firm even took us to see Supreme Court are far less dramatic import many aspects of the US the New York Yankees in a pre-season and frequently last for three or four Supreme Court to the UK, reducing baseball game. The trip proved to be days. Despite the disparity in the the length of hearings might well be a an excellent opportunity to understand length of hearings, the skeleton valuable reform in light of the length the way in which courts operate arguments filed in English appellate of most skeleton arguments. across the Atlantic. I am extremely courts are often longer than the We met several other federal grateful to COMBAR and the Bar written briefs filed at the US Supreme judges during our stay in Washington Council for providing funding for the Court. The late Professor Delmar DC, one of whom was wearing trip.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 95 I NTERNATIONAL S OCIETIES

30th NOVEMBER 2012 The Official Launch of TMMTA (The Malaysia Middle Temple Alumni Association ) by Shaun Paulian

he radiant red and white practitioners, members of the which allowed members to take a colours of Middle Temple Malaysian judiciary and masters of visual walk down memory lane as it Twere in abundance on the industry dined and danced the night showed the architectural beauty of the auspicious evening which marked the away. Those attending including the Middle Temple Hall and surrounding official launch of The Malaysia former Lord President of the Supreme grounds. Middle Temple Alumni Association or Court of Malaya, Tun Mohamed Speeches from the President and ‘TMMTA’. The gathering of Dzaiddin bin Abdullah, and Bencher Deputy President of TMMTA, a generations of Malaysian members of of the Middle Temple, Tan Sri Dato’ mixture of anecdotes and informative the Middle Temple inaugurated the Cecil Abraham. snippets told by the two hosts, and a establishment of a Malaysian Chapter The event held steadfast to the swinging jazz band ensured that the of Middle Temple alumnus and traditions of the Qualifying Sessions event was a resounding success and completed the presence of all four with pronouncements of the Middle will be long remembered by all who London Inns of Court in Malaysia. Temple Graces and the Loyal Toasts, attended. The night was vibrant with as well as the modern twist of a TMMTA (pronounced ‘tim-ta’) is laughter, reminiscent tales and fond commemorative display marking the the acronym for The Malaysia Middle memories of Middle Temple, as launch and a video presentation, Temple Alumni Association, a name

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that has gained much fondness in the as well as for all other Malaysian than the individual associations acting hearts of its members. There are over Middle Templars who join. At the on their own. 600 Middle Templars in Malaysia forefront of these plans is the TMMTA and members of the with an ever-growing number of intention of active collaboration with Malaysian Judiciary and Bar enjoyed Malaysian law graduates choosing the other three Malaysian Chapters of welcoming the Treasurer, Christopher Middle Temple as the Inn where they the Inns of Court; it is envisioned that Symons QC, and other delegates from wish to be admitted to the Utter Bar a larger community of fellow Middle Temple during their visit to of England & Wales. barristers sharing their respective Malaysia in September 2013. TMMTA has a number of plans for experiences while carrying on the the future enrichment of its members legacy of the Inns will achieve more

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 97 M ASTER OF THE H OUSE Sir Christopher Turnor

by Master Anthony Boswood

he Inn has recently acquired Robert Hyde, also a Middle Templar, were not paid for their work. The this portrait of Sir Christopher who became Chief Justice of the court’s work met with universal TTurnor (1607 – 1675), by King’s Bench in 1663. He was less approval. In an address to the King at Michael Wright. Turnor was admitted cautious than Turnor, and allowed the the court’s prorogation the Speaker to the Middle Temple in 1926, Called case to proceed. The convicted stated: ‘... the exemplary charity of to the Bar in 1633 and made a the prisoners, and they were hanged. your Majesty’s judges is fit with Bencher in 1654. A royalist, he was But some years afterwards their honour to be mentioned before your admitted as a Serjeant-at-Law in innocence was established by Majesty’. 1660, sponsored by Sir Edward Hyde, Harrison’s reappearance. The The City Corporation and in the same year he was made a admirable Sir Christopher Turnor commissioned Michael Wright to Baron of the Exchequer and knighted. must have smelled a rat, but Sir paint portraits of all 22 of the Fire He was a member of the commission Robert Hyde’s nose was less Court Judges at a cost of £60 each, of oyer and terminer, charged with sensitive. and our new acquisition is one of bringing the regicides to trial. In the portrait, Turnor is holding these. They hung in Guildhall until He seems to have been a good and his commission as a judge of the Fire they were dispersed in circumstances popular judge. The Dictionary of Court, set up under the Act (18 & 19 that are unclear. The Turnor portrait National Biography tells us that Charles II, c.7) ‘For Erecting a was spotted by Philip Mould in an during the Gloucester Autumn Judicature for Determination of auction sale, unnamed and in 1661 he displayed a degree of Differences touching Houses Burned misattributed. circumspection unusual at that age. or Demolished by reason of the Great Michael Wright (1617 – 1694) was One William Harrison was missing Fire which happened in London’. one of the most important British under suspicious circumstances, and The court sat from 1668 to 1676, painters of the 17th century. He John Percy swore that his mother based at Clifford’s Inn, deciding some trained first under George Jamesone Joan and his brother Richard Percy 2,000 cases. The Act, drafted by Sir in London, and later in Rome, where had murdered him. The grand jury Matthew Hale LCB, conferred on it he was elected a member of the found a true bill, but Turnor refused radical powers for settling and Academy of St Luke, amongst whose to try the case until Harrison’s body determining ‘all Differences and members at the time were Velazquez could be produced. At the next Lent Demands whatsoever ... betweene and Poussin. Wright returned to assizes the case came before Sir Landlords, Proprietors, Tennants, England during the Protectorate, and Lessees, Under-Tennants or late prospered following the Restoration, Occupiers ... touching the repairing, although some contemporaries Anthony Boswood QC practised for over 40 years at the Commercial Bar, building and rebuilding’ of fire- considered him inferior to Lely. specialising in insurance and damaged property, including the Following a visit to Lely’s studio reinsurance, banking, and more power to order the ‘surrender, Samuel Pepys (who was, however, no recently, international arbitration. He increase, curtailment or charging’ of judge of painting) wrote: ‘Thence to was Master of the House from 2006- estates in the property. Wright the painter’s; but Lord the 2012. He writes, “I have greatly enjoyed To modern eyes, the Fire Court difference there is between their two my work; but the chief aim and object of looks like an ideal tribunal: there works’. Nowadays, there are some work is to provide for one’s family and, were no pleadings, and no formality, who prefer Wright’s more restrained thereafter, for the pursuit of leisure – in the Act charging the judges to sit style to Lely’s. His most well-known my case, the arts (particularly music ‘sine forma et figura judicii’. Every portraits are the state portrait of and opera), horseracing and hunting effort was made to promote agreed Charles II (Royal Collection) and and country life generally. It was settlement. Delaying tactics were not those of Sir Neill O’Neill in Celtic enjoyable (though not hard work) being Master of the House on account of the allowed: ‘Nor shall any writt of error costume (Tate) and Lord Mungo interesting people I met, and the high or certiori lye for removall or Murray (Scottish NPG). Turnor’s calibre of the MT staff with whom I reversall of’ the court’s decisions. portrait is the only example of dealt.” There were no fees and the judges Wright’s work in the Inn’s collection.

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The Inn’s recently acquired portrait of Sir Christopher Turnor, by Michael Wright, (1617-1694) was discovered unnamed and misattributed at auction by portrait specialist Philip Mould

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 99 T HE E DMUND P LOWDEN T RUST The Edmund Plowden Trust celebrates 50 years by John Duddington

he strong connection between Middle Templar. Middle Temple and the This Middle Temple connection Tcontinuing debate on the was continued, as the main event was relationship between law and religion the Richard O’Sullivan Memorial was emphasised in the celebratory Lecture, named in honour of our event to mark the 50th anniversary of Master Treasurer in 1952 who, in the journal Law and Justice, the addition to his own interest in Christian Law Review, held in Middle Plowden, was a leading figure in Temple on May 9th and preceded by Roman Catholic legal circles and who Evensong in Temple Church. It was founded the Thomas More Society of co-sponsored by THEOS, the religion Catholic lawyers. The present editor Lord Mackay and John Duddington and society think-tank. of Law and Justice maintains the Middle Temple connection as a represents a commitment to a As a Roman Catholic, he member. relativistic approach to religious truth refused all offers of professional It is the tradition of the journal, in and assumes a radical split between a way in which both Plowden and the public realm of “facts” and the advancement, including, it was O’Sullivan would have approved, to private realm of “values” with said, the office of Lord encourage vigorous debate on the religion finding its place entirely relationship between law and religion, within the private domain’. Lord Chancellor, and maintained and this event was in that tradition. It Mackay argued that it is sometimes true to his faith was delivered in the Parliament forgotten that the position of Chamber by Lord Mackay, Lord ideological pluralism, espoused by The Edmund Plowden Trust, which Chancellor from 1987 to 1997, who secularism, itself involves a claim to publishes the journal, is named in considered the topical question of absolute truth. honour of the great Elizabethan whether we should still maintain the He also looked beyond who was Treasurer of the principle of an established church. He establishment debate to the wish on Middle Temple in 1561 and who built felt strongly that the principle of the part of some Christians to be its magnificent Hall. As a Roman establishment should continue and popular or acceptable to public Catholic, he refused all offers of emphasised that, unlike in the past, opinion and asked: are we to go along professional advancement, including, the Church of England now saw its with the tide or stick to our it was said, the office of Lord position as the established church as principles? It is usually easier, he Chancellor, and maintained true to his giving it a duty to protect all faiths. said, to go along with the tide. faith. He was the subject of the He referred to a speech made by the Swimming against it involves strength Autumn Reading by Master Andrew Queen at Lambeth Palace during her of commitment. This is a lesson for Longmore for 2010 which appeared Diamond Jubilee celebrations when all lawyers, whether or not our in the Spring 2011 issue of The she said, ‘The concept of our commitment springs from religion. established Church is occasionally The lecture was followed by a misunderstood and, I believe, lively discussion, with trenchant Called to the Bar in 1976, John commonly under-appreciated. Its role views coming from those of all faiths Duddington was Head of The Law is not to defend Anglicanism to the and none, and ended with a splendid School, Worcester College of Technology exclusion of other religions. Instead reception in the Queen’s Room. until his retirement and is now an the Church has a duty to protect the The Edmund Plowden Trust is Associate of the Centre for Law and free practice of all faiths in this enormously grateful for the very Religion, University of Cardiff. His country’. generous assistance, both financial interests lie in Property Law and Law He pointed to the growing and otherwise, given by the former and Religion and he has published opposition from the secularist lobby Under Treasurer Catherine Quinn and widely in these areas. He has been to the establishment of the church. her staff and which helped so much to Editor of Law and Justice, the Christian But he said, ‘The secularist position Law Review, since 1991. make this a memorable event.

100 THE M IDDLE T EMPLAR M ICHAELMAS 2013 L IBRARY The Ecclesiastical Collection

by Master Roy Martin

he Library at Middle Temple Councillor’s Guide and a Handbook within the Library. The first 29 offers a wide range of for Church Wardens. volumes, bound in purple, cover the Tresources, both domestic and Useful though these works are for period from 1891 to 2010. Each international. Along with the libraries those who practise and research in volume has a contents page; index of of our fellow Inns, legal scholars and ecclesiastical law and church affairs, churches by name and by diocese, list practitioners have access to virtually there is one part of the Ecclesiastical of citations, list of abbreviations and a all that is legal in the common law Collection which is truly unique. subject index. A consolidated index of world. But there is one aspect of This is derived from the original Volumes 1 to 25 covering 1891 to Middle Temple Library which is donation of judgments of the 2006 has also been completed. While unmatched anywhere else and that is the transcripts of these judgments are the Ecclesiastical Collection. The value of the Collection was only available in the Library, the indices as well as précis of recent The Ecclesiastical Collection was acknowledged in November initiated in 1991 when the unbound judgments can be accessed Ecclesiastical Judges’ Association 2003 when the Archbishop of via the website of the Ecclesiastical donated to the Library a set of mostly Canterbury, Rowan Williams, Law Society www.ecclawsoc.org.uk unpublished court reports dating from and photocopies of transcripts can be 1891. Since then the Collection has visited Middle Temple Library requested by email, fax or telephone been enhanced and now includes a set from Middle Temple Library. of the Ecclesiastical Law Journal Commissary and Consistory Courts Since the original donation, it has from Volume 1 of 1987 to date; which relate to all aspects of the work been the practice of Diocesan Church Assembly Measures, of these Courts, such as churchyard Registrars to send copies of Crockford’s Clerical Directory, maintenance, the use of church judgments to the Library and, under standard works such as Davies’ Law property, exhumations, stained glass the excellent direction of Hilary of Burial, Cremation and window design and disciplinary cases. Woodard who is responsible for the Exhumation, Mark Hill’s Since their receipt by the Library, Ecclesiastical Collection, a small Ecclesiastical Law, Gwillim on these Reports have been indexed and group consisting of Michael Tithes, the Code of Canon Law, and bound in chronological volumes thus Goodman, Ted Wills and Peter Moore handbooks such as the Parish making them accessible for reading have worked to collate, index and bind the cases. Ray Hemingray has taken on the task of co-ordinating the receipt of ecclesiastical transcripts and the Ecclesiastical Law Society has taken responsibility for the financing of the binding. Through the generous work and support of these contributors, the Inn has a unique resource, which is available both to our members and to those beyond. The value of the Collection was acknowledged in November 2003 when the , Rowan Williams, visited Middle Temple Library to open the Ecclesiastical Collection formally and to bless it. The Collection is to be found on the gallery floor in the Library.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 101 L IBRARY Duelling, Fencing, Arms & Armour by Renae Satterley, Senior Librarian

iddle Temple contains a variety of treasures that Duelling are displayed throughout the Inn - from silver in The idea of killing your fellow man to defend your Mthe Prince’s Room, to armour in the Hall, to honour has been an unusual practice throughout human items from the rare books, manuscripts and archive history. An early form of the duel was sanctioned in collections on display in the Library. The current Library English law – the ‘trial by combat’ (or trial by battle) display focuses on the theme of duelling, fencing, arms and introduced by the Normans. It was a way to settle disputes armour. The exhibition opened on 6 June with a small event through single combat and was eventually supplanted by which attracted over 60 people. Two guest speakers were trial by jury. One of the earliest of these trials by combat invited to discuss the collections on display: Professor took place in 1096 between Geoffrey Baynard and William, Sydney Anglo and Dr Tobias Capwell. Professor Anglo is Count of Eu. The former had accused the latter of treason, Professor Emeritus, University of Wales Swansea and and William II (Rufus) ordered a trial by combat to Fellow of the British Academy. He has published widely on determine the truth. Baynard won, and Eu had his eyes torn historical subjects and is an expert on the martial arts and out and was castrated. pageantry of the Renaissance. Dr Capwell is Curator of While duels largely died out by the 20th century, there Arms and Armour at the Wallace Collection and is an expert are still references to them in case law. The most recent on Renaissance weaponry and armour. such case is R v Ashley Bowen, [2013] EWCA Crim 376: the offence ‘arose out of what in earlier times would have been called a duel’. Bowen was the second to his brother Dominic, who injured but did not kill the other duellist, Christian Farrugia. The large number of books published on the Continent outlining codes of honour, chivalry and courtesy helped to disseminate the unofficial codes governing the duel throughout the 16th and 17th centuries. Duels were bound by strict but unofficial codes, which differed from country to country, and from era to era. While duelling was originally mostly the preserve of the aristocracy, the improvement in firearm technology in the 19th century meant that it became widely practised amongst all classes. While technically illegal, few upper class duellists were found guilty in trials; the opposite is true for those amongst the lower classes.

Fencing The library contains a magnificent manuscript on fencing: Luis Pacheco de Narváez’s Libro de las grandecas dela espada,ca. 1600. The copyist has reproduced all of the 157 woodcut diagrammatic illustrations. Narváez was a pupil of Jerónimo Carranza and a well-known fencing master in his own right. Both men wrote important treatises on the destreza style of Spanish fencing, using mathematical notations and illustrations. During the 19th and early 20th century there existed an Inns of Court School of Arms, although details about this fencing club, or school, are scarce. It remains present to this day in the form of the Inns of Court Gold Cup, which is awarded by the Epée Club every year.

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Arms & Armour Middle Temple owns an important collection of arms and armour. There are eighteen half-suits and helmets displayed in Hall, and many pieces of weaponry and armour on display in the Armoury by the Benchers’ Entrance. The first study of the Inn’s collection was carried out in 1862 by James Anderson QC (Treasurer, 1860). Highlights of the collection include five pieces believed to have belonged to Robert Dudley, 2nd Earl of Leicester, displaying an acid- etched ‘snails and dragon flies’ style of decoration. The collection also contains a 1.5 metre German crossbow, dated roughly to the mid-17th century, and an 18th-century Highlander’s claymore, or great sword. Some of the items on display in the current Library exhibition are: • Jean Chenel, (fl. 1614-1617): Les revelations de l'hermit solitaire, 1617 • G. de Chevalier (1564-ca. 1620): Discours des querelles et de l'honneur, 1598 • GD28, Court Dress Sword belonging to Sir John Macdonell • Samuel Rush Meyrick (1783-1848): A critical inquiry into ancient armour, 1824 • John Selden (1584-1654): Table-talk, 1819 • Andreas Vesalius (1514-1564): Chirugia magna, 1569

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 103 A RCHIVE Saving the Past by Siobhan Prendergast, Conservationist

t’s been a busy year in the significance. The Rare Book and Room. This year there is a plan to re- conservation studio. As well as Manuscript Collection at Middle house all the items still stored in Iongoing programmes to preserve Temple contains approximately 9,000 acidic boxes to acid-free ones. the archive and rare book collections, early printed books and 300 Conservation techniques, materials, there was a series of exhibitions and manuscripts, including prints, standards and best practice are always loans to other institutions which paintings, photographs and films. A evolving so it is important to stay involved a lot of planning and formal preservation system for the informed. cooperation. Collection was first introduced six Some items need particular The department was proud to be years ago with the creation of the individual attention and care so we asked to contribute Middle Temple’s have a rolling programme of two Molyneux Globes to the British interventive conservation to keep Museum’s Shakespeare: Staging the Molyneux knew the explorers these in good condition. This includes World exhibition, which ran from July Francis Drake and Walter the binding of hundreds of meeting to November 2012. The Globes were Raleigh. His globes were the minutes, papers, bills and the first to be made in England and publications. Sometimes certain items the first to be made by an first to be made in such a way are sent out to accredited conservators Englishman, Emery Molyneux, said that they were unaffected by the for specialist treatment. to be a ‘rare gentleman in his The conservation department profession’. Molyneux knew the humidity at sea, and they came supports four internal exhibitions at explorers Francis Drake and Walter into general use on ships. Even Middle Temple every year. The most Raleigh. His globes were the first to recent was the exhibition Duelling, be made in such a way that they were at the time they were seen as Fencing, Arms & Armour, which is unaffected by the humidity at sea, and wonderful examples of featured in this magazine. they came into general use on ships. The Molyneux Globes are back on Even at the time they were seen as cartographic design. Only six display in the Middle Temple library wonderful examples of cartographic are believed still to be in so do have a look if you haven’t seen design. Only six are believed still to them already. Meanwhile, part of our be in existence, and Middle Temple existence, and Middle Temple collection is again being seen by owns two of them: the Celestial owns two of them thousands of people as Ortelius’s Globe is dated 1592, the Terrestrial Atlas has been loaned to the Museum Globe is dated 1603. The department of London for the Cheapside Hoard: worked with specialist globe Archive Department and the London’s Lost Jewels exhibition. conservator Sylvia Sumira to ensure installation of new storage units and a Abraham Ortelius was a 16C Flemish their safe transportation and display. Trend Control System to monitor and cartographer and geographer, More than one hundred thousand control environmental conditions. generally recognised as the creator of people saw our Molyneux Globes at Today a preventive conservation the first modern atlas and believed to the British Museum - so many people, programme is in place to ensure safe be the first to speculate that the in fact, that the Globes were found to storage generally for the Collection continents were once joined together be vibrating in their display cases due and to protect it from hazards like before drifting to their present to the impact of all the feet on the incorrect temperature and relative positions. hollow floor. We requested an humidity, fire, flood, pests, pollution The archive is an important part of analysis of the vibrations and added and light. For example, when the the nation’s heritage, and of Middle additional support, both in the cases Light Monitoring Meter showed that Temple’s status and reputation. It’s and to the floor! UV levels were higher than important to preserve and conserve it It is fascinating and a privilege to recommended, a UV filtering film for now, and forever. work with so many priceless artefacts was placed over the windows of the with such historic and cultural Parliament Chamber and Queen’s

104 THE M IDDLE T EMPLAR M ICHAELMAS 2013 B OOK R EVIEW Legal Research: A Practitioner’s Handbook

Review by Hilary Woodard, Librarian

eter Clinch, with 35 years’ and subscriber-only sources and with experience in law information useful warnings as to the acceptability Pwork, has produced a and use of unreported decisions. thoroughly updated second edition of Part three is all about presenting this highly popular work aimed at the results of your research in a legal practitioners. manner that will show the quality and It is a book that is designed to be authority of the work. The author lists dipped into when a research problem general guides to legal writing aimed arises, rather than for reading from at pupils and style manuals for legal cover to cover, and evaluates both citations for use by pupils and print and online sources. It is practitioners. comprehensive in its examples of The final part is a new addition research trails, giving the most and considers the advantages and reputable sources available and is disadvantages of buying legal interspersed with clear figures and information from different types of handy research tips highlighted in commercial law publishers. boxes. The book is well supported by Divided into four parts, the first extensive appendices giving popular believe the author has succeeded in deals with research strategy, how to case names, the meaning of technical making us aware of the existence of a conduct a search, selecting the best terms not usually found in general great deal of free information at our sources for your search and more law dictionaries, and court directions fingertips and has also taken on board importantly, when to stop. The second relating to legal research and past criticism by including material part focuses on the types of sources abbreviations. As well, there is an on the use of social media in legal available including law index to databases and to published research. It certainly is not an easy encyclopaedias such as Halsbury’s materials but also, new to this edition, task to teach legal research skills Laws of England, and legislation such is the inclusion of a short subject through the medium of a handbook, as Halsbury’s Statutes and Halsbury’s index designed to make the dipping in but it is clear that the author has Statutory Instruments with flow charts and out a little easier, although for me worked hard to make research demonstrating their use both in hard it wasn’t detailed enough. techniques that are so well known to copy and online. UK and EU case law In an age where cost cutting has librarians relevant to the audience for is comprehensively covered using free become a necessity to get by, I which it is intended.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 105 L IBRARY

25th JUNE 2013 Visit of Sir John Major to the Library by Vanessa Hayward, Keeper of the Library

n 1975, an incomplete set of fascinating facts about each of the as to the number of jars of raspberry portraits of Prime Ministers was Prime Ministers. jam issued to a regiment during a Idonated to the Inn by Michael Master Major arrived at the Ashley sandstorm in Western Spain’, adding Philips of Nottinghamshire. The Building entrance and was welcomed that ‘this reprehensible carelessness photographs were eventually hung on by Master Colin Edelman, Chairman may be related to the pressure of the walls of the Library, not entirely of the Library and Archive circumstance, since we are at war in chronological order, some twenty Committee, and the Under Treasurer, with France.’ years later. Although the Keeper of and then escorted up to the main floor Master Edelman, Lord Hacking the Library was aware of this, and of the Library, where Lord Hacking and the Keeper then showed Master had always hoped to rectify it by and the Keeper were introduced to Major around the collection on the completing the collection, it remained him. Gallery floor, pointing out portraits of as it was until Lord Hacking joined Master Edelman welcomed the interest such as that of Lord the Library and Archive Committee in guests and said a few words about the Rosebery, who we mistook for a January 2012 and pointed out the background of the collection of young Churchill. Archivist Lesley discrepancies. portraits before introducing Master Whitelaw said a few words about the Over the next year, Lord Hacking Major, who gave an interesting and Molyneux Globes. and the Keeper worked to complete very amusing talk about former Prime Guests gathered for a champagne the set, bring it up to date and hang Ministers including his favourite, Pitt reception in the Prince’s Room, and the photographs in the correct order. the Younger, who would consume up Master Major met the members of the This was completed in February 2013 to six bottles of port a day to help him Library and Archive Committee and and Master Major, as a former Prime deal with the stresses of the post. other guests before lunching in Hall Minister, was asked to open the Master Major also read out a letter on High Table with his fellow collection officially. from the Duke of Wellington to the Benchers. It was a memorable day On Tuesday 25 June, over 50 Foreign Office, written from Central for the Library and all the guests, and guests, including Benchers, members Spain in 1812, in which he had Master Major was as delightful as he and other interested individuals, carried out, as ordered, a requisition was charming. attended the official ‘opening’ of supplies he had received for his All members are welcome to visit ceremony. Upon arrival at the main army. He had accounted for every the Library, pick up a booklet about floor of the Library, guests were farthing, except the regrettable the Prime Ministers and view the given a booklet which included exceptions of 1s 9d in one battalion’s permanent display of portraits. biographical information and petty cash, and ‘a hideous confusion

106 THE M IDDLE T EMPLAR M ICHAELMAS 2013 O BITUARY

Gillian Kalitsi

illian began work at Middle Temple on 18 July 2007. I remember interviewing her and Git was very close between her and another candidate in terms of experience, but the reason Gillian was way ahead of her rival was that she sparkled, which is one of the main characteristics I look for in a candidate and she continued to sparkle throughout her six years at Middle Temple. She became ill just after she started work in the library but made a good recovery, until in 2012 the illness came back. Her bravery was remarkable, choosing not to undergo treatment, and keeping her condition private from her colleagues, friends and family and telling only a handful of people. Even when she was exhausted and in obvious pain, she came in to work, lying down between jobs to rest, because she wanted to be here and to be normal. I believe it was her way of coping by allowing herself to carry on working at a job she adored for as long as possible, which she did until a few weeks before her untimely death on 11 April this year. Among Gillian’s notes, I found a reference to Purcell’s Dido’s Lament from his opera Dido and Aeneas, 1688. It is sadly appropriate:

When I am laid, am laid in earth, conscientious, diligent and thorough. She spoke a May my wrongs create number of languages and went to extra French No trouble, no trouble in thy breast; classes after work. She also lived in Japan for some Remember me, remember me, time and always impressed any Japanese visitors but ah! forget my fate. with her fluency when chatting to them. At home, Remember me, but ah! forget my fate. Gillian loved her garden and grew lots of fruit and herbs. She also kept chickens, which she rescued She loved her lunches in Hall and always found from battery farms. Because they had often been them exciting and enjoyable, piling her plate very badly treated they rarely had many feathers, so high, despite which she never put on an ounce of Gillian went to an evening class to learn to knit so weight. Her favourite was carrot cake, which she that she could make little coats for them. She often often had with custard! It made us all very jealous. spent her tea breaks knitting chicken coats, much to She also loved parties, receptions and anything else everyone’s amusement. Gillian should be that involved eating and drinking, especially remembered for what she enjoyed doing, travelling, champagne and she loved coming on the library’s dancing, going to the gym and laughing a lot. She summer annual educational visit (works outing) had a wicked sense of humour, which made her very which invariably involved a large picnic with popular with both staff and library users. She will be champagne. Gillian was an excellent cook and remembered for her commitment to work, drive, always contributed something appetising and tasty. determination and focus. The saddest part about her At Christmas, she would come to the Temple Church passing, is that she was so full of life. But, like to sing carols with me, always saying she couldn’t Purcell’s aria, most of all she will be remembered. sing, but after a few lessons in breath control, I discovered she could easily hit higher notes than I Vanessa Hayward can manage. She was brilliant at her job, Keeper of the Library

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 107 T ECHNOLOGY Pencil to Keyboard 40 Years in the Law

by Master Sir Stephen Laws

suspect that every generation of lawyers has been communication of something to be fed back into the sources retrospectively amazed by the transformation in the from which information about the law is collected in future. Ilegal world occurring in the course of a legal career. I The technological revolution of the past 40 years has been have just passed the 40th anniversary of my Call to the Bar; all about the collection, processing and communication of and my generation and I are no exception. Even allowing information. Initially, new technology was seen as a way to for the magnification caused by the change of perspective help us to do the job; but, we used to say, it must not get in from that of legal ingénu to that of hardened veteran, the the way of it. In time, though, its effect was so pervasive as changes have been remarkable, not only in the law itself, to redefine the job itself. but also in the way legal work is done. It is well known that computer projects have a tendency Most of my career was spent in the Office of the to go wrong – a tendency that has been shown to extend Parliamentary Counsel. I joined it in 1976 and led it from beyond the public sector. In my experience, the time when a 2006 until my retirement in 2012. Throughout, my focus computer project is most at risk is the time - which occurs was on writing new law. Unusually perhaps, my day to day in nearly every project - when the prospective users acquire work in the law made me both familiar and comfortable enough understanding of the technology to realise that it can with the idea of constant legal change. Nevertheless, though do more than remove some wrinkles in existing working changes in the substance of the law were the order of the practices. The realisation comes that it could facilitate an day, they probably had less impact for me than for others in entirely new and better system of working. It is like the the profession. My understanding of many areas of the law moment when you stop translating your own language and was acquired temporarily for the purpose of changing it, start speaking a foreign language. rather than for the purpose of practising in it on a regular It is very common to find that working on a computer basis. project clarifies how far the disciplines and habits in current Over my 40 years in the law, no more than three or four working practices have an inherent value and how far they changes of legal substance required the day to day working have been dictated by the limitations in the previously assumptions of statutory drafters to be re-assessed. The available technology. It is only then that you can decide European Communities Act 1972 and the Human Rights Act what you want from the project. Getting computer projects 1998 were our own work. A third was the non-statutory right is largely about anticipating and managing that introduction of judicial review (with the related and phenomenon – but that is another article. continuing explosion of administrative law). Devolution is, IT has had, and is likely to continue to have, at least as arguably, the fourth. great an impact on the law as the development of printing. While every year we laboured on new primary legislation Volume VI of the magisterial Oxford History of the Laws of for the rest of the profession to get to grips with, other England (which covers the period from the accession of changes were having a more profound impact on our own Richard III until the death of Mary) explains how the force working lives. Of these, the most significant involved of precedent was a development that occurred in the way it information technology. Statutory provisions were needed to did largely as a consequence of the invention of the printing facilitate its use (e.g. the liberalisation of the press and the related growth of legal publishing. Before, telecommunications market), or to respond to its use (e.g. legal sources were in manuscript and largely in the personal provisions for the recognition of the electronic service of legal notebooks of practitioners. And for some while notices). But, while influencing what we did, it was having afterwards, many sources continued to be produced in that an even greater effect on how we did it. form. In earlier times, copies of statutes were not in general The work of the law, at its most basic, consists in the circulation. Neither the judges nor counsel had desks or collection of information, the processing of the information lecterns in Westminster Hall and there was no tradition of and the communication of the outcome from that producing books in court. A legal argument was not backed processing. For the statutory drafter these are part of a loop by a string of citations but by examples which showed its because the principal outcome of the processing is the correctness. The History also explains how a perverse

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aspect of the change from personal, manuscript reports to This technology, or lack of it, had a profound effect on the use of printed publications was that it was the unusual the way the work was done. In subsequent drafts, all clause, cases that first appeared in print, while the more orthodox subsection, et cetera numbers would be changed by the and usual rules remained unprinted because they were in printer only if they had been changed in manuscript by the everyone’s manuscript notes. As a result, the latter became drafter on the printer’s copy. The same was obviously true less easily accessible – and, after a while, less well known – of cross references. The incentive not to change or rearrange to subsequent practitioners. This history seems to have something was very strong indeed, as indeed was the relevance for our own time. incentive to be as concise – or, some thought, as cryptic – as I have often joked that new technology in the Office of possible. The physical production of the text and the the Parliamentary Counsel when I joined in 1976 consisted technology used for that purpose had a profound effect on in a propelling pencil and a plastic rubber. Typically, in a its contents, and most importantly, on the willingness of the government department, there was only one file containing drafter to revise it as the process progressed. As Marshall all the documents on a particular issue. It was carried from McLuhan put it, ‘We make our tools, and thereafter they person to person by the ‘indoor messengers’, and each make us.’ successive recipient would add their contribution, often in The skills that were sought and then developed in those manuscript. Knowing the location of the file was sometimes who did the job, and all thinking about the process of a problem. Version control and multiple, inconsistent and drafting, were based on the unavoidable fact that the whole contemporaneous email comments were not. Letters and process was confined to the use and production of physical drafts were produced by an army of typists (in some documents, and that the processes for accessing, producing departments – but not ours – located in a distant provincial and modifying the master document were subject to town). The limit on copies was dependent on the physical constraints. Could the printer do it? forcefulness of the typist and the age of the carbon paper. In addition, all the assumptions that drafters made about The photocopier was regarded as an expensive luxury to be the audiences to which statutes were addressed were called into use only as infrequently as your grandmother’s founded on the supposition that they would be accessing the best tea service. law by taking down a volume of statutes or loose Acts from A Bill in preparation was produced in typescript from a a shelf and looking at a printed page. The process of manuscript, generated, in my case, with a propelling pencil communication included having regard to the size and shape on ever thinning paper. There were, though, some legendary of the book, and the arrangement and formatting of the text intellectual giants who dictated their drafts straight to a on the page. short hand typist. When a draft reached the stage that In the same way, the process was tied to the physical required copies in sufficient numbers for distribution within location of documents. Physical access to a set of statutes the instructing department the typescript, with multiple, and, more generally, to a law library was essential, as was manuscript changes, was sent to the Parliamentary press. the proximity to each other of the individuals involved in There it was typeset and then printed overnight in linotype the work in the Office and in the instructing department. on ‘hot metal’ printing presses. Between 25 and 50 copies Rapid exchange of documents was possible only if they of the draft Bill would arrive by van the following morning could be delivered by hand. The existence of a single master and be taken by hand to the client department by the copy of the next print of the Bill, which would have to be ‘outdoor messengers’. The drafter would revise the proof marked up in manuscript, ensured that the drafters of a Bill for subsequent drafts with a view to getting the text and the would often sit down together at the same table to work on type-setting as settled as possible before the final print. An the draft. Past practice of the Office of the Parliamentary important factor was a desire to minimise the risk of Counsel was captured in bound volumes of the typesetting or other printing errors in the introduction copy, correspondence and other papers for each Bill and was and in that way to avoid unnecessary amendments in the comprehensively indexed by skilled clerks with a House. remarkable understanding of the process.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 109 T ECHNOLOGY

All this has now changed. The outside messengers, the manipulate their texts until the last minute. typists, the skilled indexers have all gone from the Office. The drafters need to structure their work in the Research techniques using the Index to the Statutes, the knowledge that the vast majority of readers will be Chronological Tables and the Tables of Effects are accessing it on screen rather than on the printed page. moribund, just as, I suspect, many fewer lawyers now All these changes have their equivalents in the work of research case law by turning to the published indexes to the other lawyers. It is possible to feel real regret for systems Law Reports. What is important is expertise with a search and disciplines that have disappeared as a result of these engine. The National Archives in their work to keep the developments – quite apart from one’s feelings for the legislation.gov.uk site as up to date as possible are using individuals whose hard-won skills are no longer valued. software that not only captures but also processes amending Change of any sort is seldom cost free. text. However, these changes cannot be reversed. Ultimately, Indexing, not only in the Office but also more generally they result from collective choices about priorities made by in the law, is becoming less necessary and skills are being the profession as a whole in the light of new technology. All lost. When it comes to past learning and practice, and to the technology has done is to make choices about priorities making it available to colleagues, all that will count in possible that were not available before. How those choices future is whatever has been saved in the Office’s electronic are made is often dictated by market forces. Social records and knowledge management system, and can be changes – some of which may themselves have been found there. facilitated by new technology – are also a factor. Editing, indexing and digesting legal sources is less But the harsh truth is that once new technology provides necessary the more electronic access is made available to the opportunity for working methods that are more efficient the original sources and to other more contemporary sources or otherwise more attractive to the profession, it will cease of comment on legal developments. Human indexing is less to supplement the old systems and will tend to supplant reliable in the light of the exponential growth of legal them. Seeking to preserve old systems and methods when material. Also, electronic searching is more efficient than most of the profession is abandoning them is both futile and using an index – if only because it does not require the wasteful. Once new systems are in place, the best thing to question to have been predicted. do is to commit resources to smoothing the transition and The library is seldom visited, because the essential getting the best out of them – until, that is, they themselves sources can be accessed on line from your desk, or often need to be replaced in their turn. from home. Latest developments and academic commentary can be followed most effectively by setting up specialised personalised web alerts. The latest commentary on the law can often be found in academic blogs, or referenced through social media, some time before it can be found in a published journal. The same techniques can be used for following developments in Parliament on a Bill. The Parliamentary proceedings can be watched via live web streaming, and Sir Stephen Laws KCB Hansard can be searched on the Parliament website. Stephen is the First Parliamentary Counsel and runs the Office of the Parliamentary Counsel (OPC) in the rank of Permanent When it comes to the actual drafting, legislative drafters Secretary. Educated at St Dunstan's College, Catford and in the Office of the Parliamentary Counsel now type their Bristol University, he worked as a lecturer in law at Bristol own draft Bills using a system that automatically updates University from 1972 to 1973 and was Called to the Bar in the numbering and the cross references and generates a 1973. Stephen joined the general Government Legal Service in table of contents. The printer is provided with an electronic the Home Office in 1975 and became a Parliamentary text. That can be used to produce a print without further draftsman in the OPC in 1976, becoming a “full” Parliamentary significant human intervention and for publishing it on the Counsel in 1971. He is currently the Deputy Chairman of the web almost immediately. For all practical purposes Cabinet Office’s Operating Committee and is a member of the typesetting at the printers no longer exists. The drafters can Inn’s Estates Committee.

110 THE M IDDLE T EMPLAR M ICHAELMAS 2013 G ARDEN Garden News

by Kate Jenrick, Head Gardener

he theme of my article in last Butia palm, in two of the beds on the (although the primroses just sat and year’s edition of The Middle main terrace and one of the beds sulked for their first two months, TTemplar was the start of the below Temple Gardens, will be filled unresponsive to the dampness). This gardening year. I look forward to the by mixed plantings. Even planting a hectic week of work was typical of all winter months – the ideas that have two-metre evergreen magnolia in planting activities throughout the formed over the summer are brought Fountain Court has made little winter and even the summer change together and I start to make the impression on the new space. But the over - every task has been a race changes alongside all the routine, gaps may have drawn attention to the against the clock because a few hours satisfying tasks of improving the soil, changes. A hugely rewarding of rain soon reduced the ground to pruning trees and shrubs work. moment to alleviate what has been a unworkable conditions. Between September and April it demoralising winter was to be On the plus side, the cool spring rained, nearly every day. The ground awarded a Certificate of Excellence did provide a wonderfully prolonged was waterlogged much of the time. for Fountain Court by the Worshipful tulip display. There are quite The luxury of money in the budget to Company of Gardeners in May. different varieties of tulips throughout renovate the lawn after the many The annual Autumn bulb planting the garden and tulips with varied thousands of visitors to Belgian day, with help from the joint Masters flowering times. On the main terrace, House during the Olympics turned out of the Garden, members of the Inn, the display started on 15th April, and to be just an aspiration - the ground and staff members is usually a fun kept going until the end of May. simply never dried out until May, too few hours planting thousands of Most shrubs have been late to late to start major aerating and top bulbs. However, torrential rain which flower this year, on average three dressing. Only a small section where started at about 3 am on the Sunday weeks delayed. No one was close to significant damage occurred was morning put an end to the planned guessing the flowering time of the completed. activity. On Monday morning I was Magnolia this year. Another I did at least succeed in my faced with over 3,500 tulip bulbs and interesting effect of the weather, mission to cull the Ceanothus. No a pressing deadline, as winter bedding particularly among the roses, is that area of the garden has escaped these plants were becoming pot bound and the flowering time has been vigorous lumpy shrubs. Over time, urgently needed planting out. By the staggered. In previous years all the the gaps in Fountain Court near the end of the week all were planted roses seemed to start flowering more or less at the same time. This year some started flowering at the end of Elm Court May but other roses were still not flowering in the middle of June. The Paeonies were short-lived (as usual) but only a couple of weeks late. Like many other beekeepers my colony of bees did not come through the winter. The devastating figures across the country (more than one third of colonies across the country were lost) have been attributed to the continual poor and changeable weather through last summer, continuing into 2013 and exacerbated by the late arrival of spring. It was all the more disappointing as my selection of new plants this year has had bee food in mind. Despite a very cold day, a record

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 111 G ARDEN number of visitors - over 900 - came called Gardening Leave. Anyone wintered as well as being a beautiful to Middle Temple during the Open reading this who would like to help new asset to the garden as a whole. Garden Squares Weekend on 9 June. out, perhaps baking a cake or coming There have been a few other In past years, roses and summer along to help serve the teas and cakes, brighter moments for the garden in flowers have been on show. This year, please make a note in your diary for recent months. Joint Master of the the highlights were spring flowers - 15 June 2014. Garden Stephen Lloyd collected the including plenty of foxgloves, the Closure on this long winter came Cutlers Prize from the Worshipful edibles in Elm Court, the wisteria and about when I was given the key to the Company of Gardeners for best the plantings underneath looking fresh new greenhouse. The garden now Winter garden and a Certificate of green and lush and the great cakes on boasts a beautiful Victorian-style Excellence for Elm Court. Master offer. With contributions from many greenhouse, at the end of the garden Lloyd has also authored a new individuals the cake sale raised nearly near to Queen Elizabeth building. publication The Courts and Gardens £1,000 and the proceeds have been This will provide the opportunity to of the Middle Temple, which is a split between Middle Temple’s Rare raise my own plants for containers walker’s guide through the Inn and Book collection, to enable another and to extend the variety of plants so gardens with plenty of stunning book to be repaired, and a charity that tender exotic plants can be over- photographs and informative text.

112 THE M IDDLE T EMPLAR M ICHAELMAS 2013 G ARDEN

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 115 S TAFF T RAVELS Six Beards and a Bird in Antarctica by Hannah Baker, Archivist

‘No, it is not the goal but the way there that matters, and the harder the way the more worth while the journey. Who after all would dispute that it is more satisfying to climb to the top of a mountain than to go there on a funicular railway?’ Wilfred Thesiger, Arabian Sands

ontrary to some of the bizarre comments which arose from a Cvariety of insurance call (Spirit of Sydney is 60 feet and built centres, there are no funicular to endure round-the-world railways on, in or indeed around challenges). We had fortuitous ice Antarctica (except for an interesting conditions, although there were 55-metre pulley system invented by occasions when we became brutally the Ukrainians at Vernadsky aware how quickly a change in wind (previously Faraday) and neither are direction could pack in large rafts of there pistes. The way there did ice, leaving one a bit ‘Shackletoned’. certainly matter, not without a certain Our landfall from the French passage on what I would call Towering Snout degree of trepidation do people to Vernadsky met with glorious Point. Perhaps I should have named it embark on a voyage through the sunshine, but from a distance it was Teetering Snout Point, because once Drake Passage, and I was no difficult to decipher land from cloud, we had ferried our equipment up the different. It was indeed immensely due to the land being framed by easy snow slope a thundering great satisfying to climb to the top of lenticular clouds, harbingers of the crash came bellowing up the way untouched and pristine mountains and poor weather every mountaineer we’d come and a sizeable chunk of camp on glaciers never previously fears. From that point onwards the ice had calved into the sea. It was explored. weather did its best to thwart our tremendous to watch but cautionary The seven of us Alpine Club endeavours, but we were a relatively for our return. members (plus two French sailors) thrusting crew and a little bit of cloud The area has names which hark travelled further south than has been wasn’t about to corale us on the boat. back to the ‘heroic age’ of Antarctic possible in the past few years, that is, This set the scene for an audacious exploration; Adrien de Gerlache, the further than other yachts of its type and early landing from Collins Bay Gerlache Straits; Roald Amundsen the

114 THE M IDDLE T EMPLAR M ICHAELMAS 2013 S TAFF T RAVELS

Amundsen Sea and the person about had the benefit of instruments and Perhaps because of the favourable whom we would hear the most, Jean- although this takes some pressure off, ice, our small team had some of the Baptiste Charcot. Charcot was the four-hourly watch system can be a most awe-inspiring contact (and I instrumental in the mapping of the strain if you’re feeling the effects of mean that almost literally) with the area of the west side of the Antarctic the battering waves and your eyes most incredible array of creatures; Peninsula and the area we sailed to have to get accustomed to identifying three kinds of Penguin: Gentoo, had names relating to his exploits. ‘growlers’. These are small pieces of Chinstrap and Adélie; Orca, Minke Beascochea Bay was named by him ice, which can pack a dirty great and Humpedbacked whales; Leopard, after the Argentine naval commander; punch; they don’t turn up on the radar Weddel and Crabeater seals, a single Mount Français after his ship of the and at speeds just shy of 20 knots this and dead Krill, a plethora of birds first expedition Le Français; and had the potential to be catastrophic. from the black-browed Albert Rosses Marguerite Bay after his wife. Charcot’s ever presence in our (as my almost fossilized Uncle Charcot’s second expedition in 1908 – psyche during the trip meant that George calls them) to the acrobatic 1910 in the Pourquoi Pas? achieved questions such as: shall we get the sea Cape Pigeon (an offensive, and as it much in terms of mapping and kayaks out? shall we hop over that happens wrong, name for a bird with science but Amundsen’s respect for crevasse? shall we have custard for a huge amount of pluck – it is in fact this diffident man is highlighted when pudding? met with the resounding a Petrel). The birds were surprisingly he said, ‘...The point that compels our retort ‘pourquoi pas?’. This long-lived constant companions during both sails special admiration in Charcot’s joke received a mixed response from and even regular Antarctic ‘beards’ voyages is that he chose one of the our indomitable French crew – I think were commenting on the clarity of the most difficult fields of the Antarctic they hoped that we would branch out water south of 65th parallel, so zone to work in’. Unlike Charcot, we and try some conversational French. perhaps it was the quality of the water

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 115 S TAFF T RAVELS that elicited such a profusion of sky; one which was to scupper our wildlife. plan to move south and gain another Although I can’t claim a vast few days amidst the crevasses and wealth of expedition experience, I mountains. We used the time well have worked out (with pretty dodgy and scouted out another supreme maths) that between the seven of us landing spot for a foray which was to we must have accumulated about 300 culminate in the summit of Rio years’ worth of mountain escapades, Branco, only to hear, once we so we weren’t short as it turned out. returned to Vernadsky that the French This great experience of ‘the beards’ had made an icy landing on the north as I’ve called them in my log, for that side of this spectacular mountain and is what they became after four days at summited the day before our return. sea and eight days on Antarctica, No one begrudged them their valiant meant that we were able to pick our effort, because they hosted a most way up five unclimbed mountains and spectacular party on their yacht the one hill, each of varying difficulty, following evening. My foremost, or ranging from a trudge (facile) to some perhaps only, memory of which was really fantastic mountaineering (assez that there was a lot of rum. difficile). Leaving the ice brought with it a When we returned to Spirit, the thrill of disappointment; the time on it clouds were bearing down on us in a was fabulous but to a mountaineer the way not dissimilar to Scotland. This place is so full of promise, so remote, would usually not have bothered me so challenging that its icy grip is because, just as in Scotland, you can vicelike. So I absolutely understand expect a huge variety in the weather why Shackleton said, ‘...the longing in Antarctica; however there was for the Ice, the sadness of departure ... foreboding in this particularly watery it is as if I cannot after all bear to S TAFF T RAVELS leave this bleak waste of ice, glaciers, cold and toil’. It’s the only place I’ve ever been which has left me with a deep longing to go back and a sadness that I never might. The Expedition received funding from: some Middle Temple friends, for which many thanks; the Mount Everest Foundation; and the Alpine Club Climbing Fund. As the only female member of the team I was generously given a grant from the Julie Tullis Memorial Fund www.thebmc.co.uk/the-julie-tullis- memorial-award For anyone who is interested in trying out the Southern Ocean and Antarctica, there is now a way; Phil, Cath and Darrel have joined forces and are looking to recruit interested parties for the forthcoming season and beyond. www.ski- antarctica.com/pastExpeditions.html S TAFF Staff News The Inn warmly welcomes the following members of staff who have started their career with the Middle Temple this year.

Mark Taylor James Snape IT Manager Plumber Joined 5 September 2012 Joined 24 September 2012

Olusanya Sanusi Lenka Steflova Night Security Library Support Assistant Joined 24 September 2012 Joined 13 November 2012

Fiona Nie Elissa Gold Accounts Assistant (Events) Administration Assistant Joined 7 January 2013 Joined 21 January 2013

Robert Meyer Francesca Trevisan Business Systems Analyst Events Co-ordinator Joined 28 January 2013 Joined 25 February 2013

John Darley William Windsor Data/Website Administrator Head Of Facilities Joined 26 February 2013 Joined 7 May 2013

Kevin Walker Erin Gow Porter/Cleaner EU Librarian Joined 28 May 2013 Joined 15 July 2013

Monique Kagan Amy Mason Estates Help Desk Administrator Administrative Officer Joined 1 August 2013 Joined 2 September 2013

Mark McFeely Events Supervisor Joined 16 September 2013

The Inn is grateful to the following members of staff for their long and valued service, and wishes them happy, healthy futures. Charlie George Halpin, Nicola Duggan, Joe Nascimento, Luiz Alonso, Karen Hebb, Fergal Altman and Adrian Jones.

118 THE M IDDLE T EMPLAR M ICHAELMAS 2013 T EMPLE M USIC Farewell to James Vivian by Robin Griffith-Jones, Master of the Temple

ames Vivian arrived at the Temple Church in 1997, straight from his organ scholarship at King’s College, JCambridge. He was invited by Stephen Layton, then our newly appointed Director of Music, to assist with chorister rehearsals and services. James leaves us, sixteen years later, as a Director of Music and Organist to whom we owe an enormous debt of gratitude, to become the Organist at St George’s Chapel, Windsor. It speaks volumes for his in particular, the choir’s CDs have won high praise from the achievement here, that he is moving on to such a prestigious international music press. James has proposed, arranged post. Our loss is Windsor’s gain. and conducted some memorable concerts in the Church and In 1998 Stephen Layton told the Inns that James was in Middle Temple Hall. Dido and Aeneas in 2008 with the without question the man they should appoint as Sub Temple Players – once more starring several of our choir- Organist. With Stephen and James together in harness, men – was a triumph. More recently the choristers youthful energy and drive were once more in charge of the appeared at the Aldeburgh Festival. James’s most recent Church’s music, as they were when E.J. Hopkins was production was Walton’s Henry V, performed this year in appointed (aged 25) in 1843 and George Thalben-Ball (aged Church with the Aurora Orchestra on Shakespeare’s 27) in 1923. Stephen and James transformed our music in birthday; it lifted the spirits of everyone there. And in May those early years; Stephen generally conducting the choir he conducted our Choral Evensong for Her Majesty The and James dazzling us from the organ loft with his virtuoso Queen. His appointment to Windsor had been confirmed the skills and profound musicianship. day before; we wonder if that was a particularly warm smile By the time Stephen left in 2006, James was more than Her Majesty gave him when he was presented to Her after ready to take the helm; and for the last seven years he has the service. worked tirelessly to recruit, encourage and train boy- Her Majesty and The Duke of Edinburgh were here to choristers as talented as any in London. Just as important celebrate the refurbishment of the Church’s organ. Unsung has been the steady stream of lay-clerks from Oxbridge, hero throughout that long process was James himself, who some of the choral foundations’ finest singers, who come to drew up and oversaw the specifications (and the budget!) London to build their musical career and enjoy singing here for the work. James took a daily interest in the work, and for James whenever they can. We can hardly complain his partnership and shared vision with Andrew Scott, when they leave. Iestyn Davies sang here as counter-tenor Harrison’s Head Voicer, has ensured that the organ is now until he starred as Apollo in the ENO’s Death in Venice – one of the finest in London. Accolades from visiting and became, overnight, one of the most sought-after organists have been pouring in; for as long as the Glentanar counter-tenors in the world. It remains to be seen how often organ lasts, so long will James’s legacy to the Temple we will now be able to call on Gareth John who has just endure. won the Kathleen Ferrier Prize; and we have many other Hopkins stayed at the Temple for 55 years, Thalben-Ball rising stars in our back rows. It is a tribute to James that for 58. Sadly, we say Good Bye to James, Ann Elise and such wonderful soloists want to sing as choir-men here. little Emilia after the mere twinkling of a Temple eye. They During his time as Director of Music, the choir and go with our great gratitude, our love and our best wishes for James have recorded and broadcast widely from the church: the happiest of futures.

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 119 T EMPLE C HURCH

12th JUNE 2013 Temple Church and Magna Carta

On 12 June, before our Amity Dinner with Inner Temple, Choral Evensong was sung in the Temple Church to celebrate both the amity between the Inns and the sealing of Magna Carta on 15 June 1215. Master Igor Judge gave the address. He bid us let our imaginations fly, as he told the story of 1214-15, of the Temple’s part in the vital – and fraught – negotiations that led to Runnymede and of William Marshal, 1st Earl of Pembroke, loyalist, mediator and hero of the hour. The Marshal would reissue the Charter in 1216 and 1217 under his own seal, and so ensure its survival. It was not hard to envision him pacing the Round where now, nearly eight centuries later, his effigy still lies. Master Judge’s speech is reproduced below with his kind permission.

Magna Carta not, had been acknowledged by John right to trial by jury, but in the 39. No free man shall be seized or as his feudal lord. (Can I be naughty, concept of trial by one’s peers, one’s imprisoned, or stripped of his rights and wonder what the Euro sceptics equals, it provided the foundation for or possessions, or outlawed or exiled, would have made of that?) Pope trial by jury. Magna Carta did not or deprived of his standing in any Innocent abolished the Charter itself. offer statements about personal liberty other way, nor will we proceed with All the obligations and safeguards or fair trials, but in the promise that force against him, or send others to do contained in it were declared invalid justice would not be delayed or so, except by the lawful judgement of for all future times. The rebel barons denied, it underpinned the right of the his equals or by the law of the land were excommunicated, a condition individual not to be kept in custody which our secular age cannot begin to indefinitely without trial, and carried 40. To no one will we sell, to no comprehend, but which would have the consequence that a hearing or trial one deny or delay right or justice penetrated even the thickest of would always be required. Magna barons’ skulls as a lock on the door to Carta did not create parliamentary n 15 June 1215 two sides in eternal salvation. King John had not sovereignty, but it underlined that the a forgotten the slightest intention of abiding by subject’s allegiance did not constitute Omet at Runnymede by the any of it. The Pope killed it off. That an absolute and unconditional banks of the Thames to see if they was meant to be that. obedience to the King. And this could, at long last, negotiate a peace. And yet this document, or more implied that the King himself was A document was prepared, but it was accurately, the ideas symbolised by subject to the law, and that if he failed never signed. It was simply sealed. this document have become deep to abide by that understanding, he Although it is dated 15 June, its terms rooted in our way of life. They have was not entitled to claim an obligation were probably not concluded until 19 travelled to what in 1215 were of loyalty. Magna Carta was the June. No one called it the Great unknown worlds. They have had a banner with which the divine right of Charter, or Magna Carta. It was just direct influence, and continue to Kings was contested in 17th century another Charter. resonate in countries far, far away England, when the foundations for As a peace-keeping settlement its from these shores. The United States our democracy were laid. The Pilgrim prospects were negligible. It was no of America and Canada, Australia and Fathers took it with them to the new more destined for success than the New Zealand, were undiscovered colony in North America. This was Munich agreement of 1938, which lands, but Magna Carta is a document the banner carried into battle by the was supposed to bring ‘peace in our which is common to them and it is then colonists in what was to become time’ (an observation of Anthony common to us. Through it the the United States of America, Arlidge QC). Like hundreds of Common Law has penetrated the protesting in the 18th century when Charters before it, it was destined for world. The ideas derived from it have Parliament sought to impose taxation oblivion. Do we remember the underpinned all the great declarations without representation. On these Charter of Henry I? Do we remember of human rights. It is a universal foundations that great democracy was the Charter of King Stephen? What is document, continuing to have a built. more, within a few weeks it was universal impact. To this day all our rulers are declared null and void by Pope There are many myths about subject to the law: Presidents and Innocent III, who, King of England or Magna Carta. It did not give us the Prime Ministers, whoever we are, we

120 THE M IDDLE T EMPLAR M ICHAELMAS 2013 T EMPLE C HURCH all are. What has all that to do with rare creature, trusted for his integrity Charter as the guardian of law and this beautiful Norman church? The by the Barons as well as the King. liberty, and gradually, whatever its short answer is that many of the key Fortunately for history King John actual terms might have been, moments in the two years leading up died in 1216, leaving a small boy as becoming an iconic symbol of to the sealing of the Charter took his heir. William Marshal was elected cherished freedoms. place here in the Temple Church, here Regent. Within a short time he had William Marshal is buried in this in what was then a very new building, reissued new versions of the Charter. church. In May 1219, at his funeral consecrated in 1185. In 1213 the King He did this in 1216 and 1217. And the Archbishop of Canterbury had two London headquarters: to the then, 70 years old or so, he returned described him as ‘the greatest knight east, the Tower, and to the west, the to the field of battle and drove the that ever lived’. We are proud to call Temple. It was from here that in French out of England. And just this church the cradle of the Common 1213 he went to the old St Paul’s before he died shortly afterwards, he Law. As you leave you will find his Cathedral to confirm that the Pope became a Templar. effigy. Pause to acknowledge the was his feudal lord. It was from here Gradually, but very quickly bearing debt which we all, and many in November 1214 that he guaranteed in mind there were no newspapers or generations all over the world, owe to the freedom of the English church, television or telephones or emails or him for infusing life into what which became the very first clause in Twitter or Facebook, the requirements otherwise would have been just one the Charter a few months later. of the King for tax were negotiated in more piece of vellum. It was here in January 1215 that Parliament by his confirmation of the We are in a church. A medieval the barons met with the King. Please great Charter and the Charter became man with a deep faith, we know that try to imagine it. By now deadly, embedded in the consciousness of Marshall died hoping to find eternal equally treacherous enemies, people. Over the next couple of salvation. If any one of you here with tramping up and down, up and down, hundred years these confirmations a faith of his or her own offered a trying to do a deal, each side trying to followed on numerous occasions. short prayer for the repose of his secure what it saw as its rights. And And yet as early as 1226 we have the immortal soul, he would have the crisis of 7,000 French troops here records of a case in which a group of appreciated it. in England, and the City about to knights from Lincolnshire criticised A newly published illustrated open its gates to them. It was indeed the High Sheriff for the way in which booklet, Magna Carta, 1215-2015: a time of national emergency. Is it any he was administering justice London’s Temple and the Road to the wonder that the Master of the Temple behaving, ‘contrary to their liberty Rule of Law, by Robin Griffith- was rather frightened? But history which they ought to hold by the Jones, Master of the Temple, is was being made in that tramping up Charter of the Lord King’. In other available at the Temple Church (£5). and down, the march of history not words this was a direct appeal to the just of this country, but of the world. And from the Temple in May, yet another Charter issued which guaranteed the City of London the right freely to elect its own Lord Mayor, a concession born out of the King’s weakness, and offered unreservedly. And so on to Runnymede, and after Runnymede and the nullification of the Charter what then? And, I am sorry to have taken so long to get here: one of the ultimate saviours of the great Charter is buried Middle Temple and Magna Carta. here. William Marshal, Earl of Masters Ian Mayes and Robin Griffith-Jones set the American ball rolling for the Pembroke, is not a name anyone can Octingentenary of Magna Carta in 2015 with their visit to Master John Roberts, conjure with today. Yet he is one of Chief Justice of the US Supreme Court, in his Chambers in November 2012. our major heroic historic figures. In (Master Roberts was wearing his Middle Temple tie for the occasion!) Master Mayes went on to discuss 2015 with representatives of the American Bar Association, the Charter his name is the first while Master Griffith-Jones flew up to Chicago to address the American Inns of Court mentioned of the non-clerical men there. America’s enthusiasm for the Charter and its celebration is palpable. The noted in the Charter as advising the ABA is due to visit London, 12-14 June 2015; we hope to collaborate closely with the ABA on this run-up to Magna Carta Day itself, 15 June. King. And indeed he did. He was a

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 121

F LEET S TREET G ATEHOUSE The Fleet Street Gatehouse

by Master Eric Stockdale

he great fire of London in explosives. ‘I told the Duke if he became fascinated by the subject, 1666 swept into the Temple thought it for the publik service to starting by sketching his own Tfrom the east and fortunately blow up there, he was free to doe it; chambers and then contemplating a stopped just short of the Middle and going out I heard him say he replacement of the old northern Temple, by the Church and Inner never mett with people so willing to gatehouse, even though it had escaped Temple Hall. Our Inn was not so be blowne up as these lawyers, so the destruction by the fire in the Lane. lucky with the next major fire, which train took, and my affair was at an His collected thoughts on architecture broke out on 26 January 1679 in end’. were made readily available when Of Middle Temple Lane at the junction The fire was eventually Building – Roger North’s Writings on of Pump Court and destroyed a large extinguished after some fourteen Architecture, edited by H. Colvin and number of chambers. At about 10pm hours, during which much damage J. Newman, was published by the Roger North, a 27-year-old barrister had been done to Elm Court, Pump Clarendon Press in 1981. In their in his chambers in Essex Court, heard Court and the Cloisters, as well as to introduction the editors quoted Lord the cry of ‘Fire!’ and was soon on the the Lane. The 100-year-old Hall had Clarendon’s startling statement that he spot. He was a very talented young been spared. North made the had regarded North ‘as one of the man and prolific writer, who gave a interesting comment, ‘There were only two honest lawyers whom he full description of the event in his great endeavours to save the Midle had ever met’. autobiography Notes of Me, most Temple hall, which burnt had bin an North had been admitted to the Inn skilfully edited by Peter Millard and irreparable loss, almost to dissolve in 1669 and Called to Bar in 1674. published by the University of the society’. The fire had started in His progress was greatly assisted by Toronto Press in 2000: the chambers adjoining those of the the success of his much older brother ‘About midnight the lord mayor noted collector, Elias Ashmole, who Francis, who had been Called by the and sherriffs came downe, but the had already promised to give his Middle Temple in 1661 and appointed gentlemen of the Inner Temple collection of valuable objects to Chief Justice of the Common Pleas in affronted him, not owning his Oxford University for what was to 1675, after serving as Attorney- authority there, according to old become the Ashmolean Museum. The General. Roger North was elected tradition among them, and would most grievous losses caused by the Lent Reader and a Bencher in 1682 want his help rather than connive at fire were to his collections of coins, and in October of the following year such a president to be made in books, paintings and prints. Although he became Treasurer, at the early age derogation of their libertys, a Cambridge man, the scholarly North of 32. The present gatehouse at the whereupon they beat down the sword, doubtless sympathised with Ashmole top of Middle Temple Lane, repaired and would not permit it to be borne and Oxford over their losses more and redecorated in 2011, was erected erect. At this he went over the way to deeply than many others. However, during his year in office. Immediately a taverne, where some say he first gat he was not greatly concerned about after its completion, North was drunk, and then returned, dismissing the loss of the old buildings, elected as the Member of Parliament the engins he mett coming from the commenting, ‘The losses were not for Dunwich in Suffolk, his home City. And some of his company were great, save the fabricks (which to say county – fortunately before the sea so kind to say, “Let’s blow ’em up the truth, were better burnt than left, had completely swallowed up the round, and save Fleet Street.”’ being for the most part such ragged constituency. Master Bruce Some buildings were indeed blown deformd stuff)’. Williamson stated in his 1925 history up to create firebreaks. The fact that North had an inquiring mind and a of the Temple that Christopher Wren much of the water in the Inn had been wide range of interests, including had both designed the formal entrance frozen had hampered the fire fighting. mathematics and music. He was not to the Inn and had supervised its After he had cleared his chambers of only a versatile musician but an early construction, but he was mistaken. his possessions, North invited the musicologist. Before the fire he had Wren, who had come to architecture Duke of Monmouth (the King’s son) not displayed any great interest in via mathematics, science and to demolish the building with architecture, but after its extinction he astronomy, certainly played a part, but

M ICHAELMAS 2013 THE M IDDLE T EMPLAR 123 F LEET S TREET G ATEHOUSE

it was a minor one, compared with presumably declined to charge for his into Fleet Street proved to be a North’s contribution. services in relation to the Cloisters nuisance, especially if turning right, Wren had several links with the and the gatehouse, for in the summer and so the Inn decided to close the Inn. On 7 December 1669, the year of 1684 the Benchers thanked him main gate permanently for vehicles. in which he had been appointed the with a gift of a dozen silver trencher Although the Temple suffered King’s Surveyor, he was married in plates, at a cost of some £48. North grievously during the bombing of the Temple Church to Faith, the was rewarded by being granted London, with worse fires than those daughter of his near neighbour, Sir possession of ‘the uppermost of the 17th century, the narrow Thomas Coghill, who had been chamber over the Great Gate.’ gatehouse survived unscathed and in admitted to the Inn in 1646. In 1670- The present façade is very close to January 1950 it was listed under the 72 Wren was responsible for the that shown in North’s drawing, with Town and Country Planning Act of design and erection of Temple Bar, one significant difference. North 1947 as being of special architectural the formal entrance to the City of drew, and had built, a single large or historical interest. The bombers London, which was located in Fleet carriageway opening, flanked by a had failed to destroy the building, but Street, just outside the top of the single shop window on each side. a post-War tenant nearly succeeded. Lane. Wren’s wife died in 1675; their The Inn records show that in 1733 the At a date unknown to the Inn’s son Christopher, born shortly before eastern shop was let to Francis surveyor, a tenant of the room above his mother’s death, was admitted to Coggan and the western one to the central support over the the Middle Temple in 1693. Benjamin Motte. Both tenants were carriageway decided to enlarge the As the recently published booksellers and presumably supplied space available for a kitchen sink. He encyclopaedic history of the Inn some law books. At some stage, chipped away a significant amount of shows, Wren immediately after the possibly because Middle Templars did the structure at its most crucial point. fire designed the replacement for the not care to share the sole opening Fortunately, his home improvement destroyed Cloisters and also worked with horse-drawn traffic, the eastern was discovered and repaired in time. on improvements to the Temple shop became the present-day The Inn has recently renamed the Church. The reredos that he then pedestrian entrance and the western library building by giving it the name designed was ripped out by Victorian one a part of the chambers there. That of the donor of its first library; it is ‘improvers’, but fortunately returned arrangement may be contrasted with now the Ashley Building. Perhaps the after the post-1945 reconstruction of the Carey Street archway of Lincoln’s time is now ripe for the Inn to the bombed-out church. However, it Inn, which started out with a central acknowledge the name of the true was North and not Wren who carriageway and two flanking architect of the Fleet Street entrance, designed the replacement gatehouse pedestrian openings, both later the remarkable young polymath and his elevation drawing was converted into Wildy’s bookshop, Treasurer of 1683-4. ‘The North included in their book by Colvin and with the carriageway being converted Gatehouse’ would seem to be an Newman. Wren suggested that North to pedestrian use only. appropriate tribute to the man. There could reduce the cost of construction The writer recalls that the Fleet is in addition, of course, the compass by using some wood and plaster in Street carriageway gate used to be point. the pediment and entablature, but kept open during working days until North deliberately ignored that about 6pm. Taxi drivers and other Eric Stockdale was a barrister of the advice, writing later that in doing so motorists often used Middle Temple Middle Temple for 22 years and a Circuit he had acted ‘out of a proud high Lane as a shortcut from the judge for another 22. After taking the spirit, and made the whole of stone’. Embankment to Fleet Street and the California Bar exam and being admitted as an attorney, he was Chairman and On 6 February 1684 the Benchers of Strand, partly because newspaper President of the Society of English and the Inn agreed that the craftsmen who traffic, and especially the delivery American Lawyers in England. He has had built it should receive the vans of two evening papers, made the written books on legal and historical amounts ‘allowed by Sir Christopher small roads to the east of the Temple subjects and is a visiting professor at Wren and Mr. North’. Wren had almost impenetrable. Traffic emerging the University of Hertfordshire.

124 THE M IDDLE T EMPLAR M ICHAELMAS 2013 M IXED R ACE G EORGIAN F LEET S TREET What Dr Johnson Knew by Julie Flavell

How is it,’ wrote Dr Johnson in Duck into Devereux Court, the the Temple. Here stands the famous 1775, ‘that we hear the loudest narrow passageway just beside it that Middle Temple Hall, a striking Tudor ‘yelps for liberty among the takes you directly into the warren of building where Shakespeare produced drivers of Negroes?’ Georgian ancient buildings that make up the the first performance of . London’s famous author was outraged Inns of Court. A couple of turnings In the eighteenth century, West to see American colonists demanding lead to the Devereux, a popular pub Indians and Americans from Britain’s their freedom while denying it to their for barristers from the nearby Royal New World colonies could be seen slaves. A year before the Declaration Courts. In Dr Johnson’s day it was a coming and going from Middle of Independence, he pronounced the coffee house called the Grecian. Temple Hall with their African slaves. American rebellion a sham. American icon Benjamin Franklin Scores of plantation owners came to But where, exactly, did he see used to come here to drink with the the Inns of Court to study law, these hypocritical American rebels Learned Club, a convivial spin-off of including four signers of the while living and writing from his the Royal Society. American Declaration of home near Fleet Street? Johnson Franklin, who spent seventeen Independence. Many colonists scholars have guessed that he picked years between 1757 and 1775 in brought slaves with them to save the up knowledge of Britain’s slave London as spokesman for the expense of a London servant. colonies from plays and newspapers. colonies, had moved up in the world One of them was William Franklin, In fact some of Dr Johnson’s best since he was a bustling Philadelphia son of the famous Benjamin, who friends were slave owners, and there printer. Now a colonial gentleman, he brought his slave King with him when were many slaves living in and brought with him to London his slave he studied here in 1757. When King around Georgian Fleet Street. A new Peter. The two Pennsylvanians ran away, the Franklins discovered historical walk from the Temple to blended in well in a precinct where him working for a lady in Suffolk. Lincoln’s Inn recreates the mixed race wealthy white Americans escorted by King’s new employer taught him to look of the district as Dr Johnson slaves were an everyday sight. play the French horn and other skills knew it in the eighteenth century. Turn left out of the secluded ‘more useful in a servant’ grumped To walk it, begin at the George, a courtyard and enter an open space Ben Franklin, who hoped the pub in the Strand where Dr Johnson where broad stone steps descend into troublesome King could be sold to the occasionally stopped for a drink. Fountain Court, the spacious heart of Englishwoman.

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From Fountain Court, exit into Just beyond it is the famous Temple While Dr Johnson was living here narrow Middle Temple Lane. Turn Church. This ancient building was in 1752 Francis Barber, a ten-year-old left and left again and enter Brick founded in the twelfth century by the slave boy, joined his household. Court, where Johnson’s friend, the Knights Templars, the soldier monks Francis belonged to Richard Bathurst, novelist and playwright Oliver who gave the Temple its name. a Middle Templar from Jamaica and Goldsmith, once lived. Goldsmith Sunday attendance at Temple one of Dr Johnson’s dearest friends. loved company, and befriended some Church was mandatory for law When Bathurst fell on hard times, of the young Americans in London. students in the eighteenth century. Johnson took the lad in, and two He threw legendary parties in his One of them was John Laurens of years later Francis was set free. Brick Court rooms. Don’t look for South Carolina, whose father was a Richard Bathurst, like his famous them now; they were obliterated in slave trader. When John began his friend, had no stomach for slavery. the Blitz. studies in 1774, he befriended English But not everyone in Johnson’s If you explore a little further into poet and fellow Templar, John Day. circle objected to slavery. James Brick Court, you will find traces of a The two would have seen black and Boswell, the Doctor’s famous ghostly doorway that marks the white Americans attending service in biographer, opposed the anti-slavery entrance to Palsgrave Court, one of Temple Church. Day – as outraged as movement, and wrote bad poetry on the many lost alleyways of the Dr Johnson by the sight of slaves – the idyllic lives of West Indian slaves. Temple. Go to the far right corner of wrote, ‘If there be an object truly But Boswell should have known the yard, where an ornate stone ridiculous in nature, it is an American better. The harsh realities of slavery entrance to 4 Essex Court sports the patriot signing resolutions of could be seen much closer to home, lamb that is the emblem of Middle independency with one hand, and in the streets and taverns around Fleet Temple. In the adjoining brick with the other brandishing a whip Street, and in the homes of Georgian building to the left, where there over his affrighted slaves.’ John Londoners, many of whom had no should be a window, you can detect Laurens returned to America to fight scruples about owning slaves. the outlines of the blocked up and die for his country’s If you walk a short distance up entrance. independence, but Day’s words stuck. Chancery Lane off Fleet Street, you In 1762 student Ralph Weekes of The young American risked his will come to massive Lincoln’s Inn Barbados lived in Palsgrave Court reputation promoting an unsuccessful Gatehouse with its Tudor oak doors. with his slave George Stewart. When scheme to offer South Carolina slaves In Dr Johnson’s day a fourteen-year- George ran away, Ralph was forced to freedom in return for military service. old slave boy was sold from a pub advertise, promising a reward to Turn right as you leave Temple beside this gate. ‘His price is £25,’ anyone who would return his Church and walk into Inner Temple ran the advertisement, ‘and would not ‘property’. In a country that had no Lane. Through its arched gateway is be sold but the person he belongs to is slave codes, George and King were busy Fleet Street, where pubs from Dr leaving off business.’ Just through the not the only slaves to abscond. Johnson’s day – the Bell Tavern, Ye gate stands the bell tower that Advertisements for the return of Olde Cock, and Johnson’s favourite, inspired poet John Donne to write For runaway slaves were everyday sights the Cheshire Cheese – are still Whom the Bell Tolls. Walk through in London pubs and newspapers. serving. In 1764, over 50 black the quiet precinct of Lincoln’s Inn Leave Brick Court and re-enter servants held a ball in a Fleet Street into green and peaceful Lincoln’s Inn Middle Temple Lane, where on your pub, dancing and drinking until four Fields, since the 1630s London’s left you will see a passageway in the morning. No whites were largest public square. marked ‘To Lamb Building’. Go in allowed. here and pass through the tiny garden To visit Dr Johnson’s only Originally published in the Yale of Elm Court. Straight ahead is one of remaining London residence, head for Press Log, © 2011 by Julie Flavell, the oldest buildings in the precinct, the Cheshire Cheese, and duck down Fellow of the Royal Historical the fourteenth century Buttery. The narrow Wine Office Court on its left. Society and author of When London steps beside it take you up to an Follow the signs to Dr Johnson’s Was Capital of America, Yale arcade constructed of white arches. House in nearby Gough Square. University Press.

126 THE M IDDLE T EMPLAR M ICHAELMAS 2013 F ORTHCOMING E VENTS

Burns Night Saturday, 25 January 2014 Champagne Reception, four-course Dinner, and Reeling. Dining ticket prices from £85.50 per person (groups of 10) and non-dining tickets from £40.50 per person (groups of 10). Discounted prices for Middle Temple students. Reception at 7 pm, non-diners 9.30 pm, carriages 1 am. Highland Dress or Black Tie. Tickets are available from the Treasury Office on 020 7427 4800 or [email protected].

Clerks’ Dinner Thursday, 6 February 2014 The Inn hosts a Clerks’ Dinner every 5 years. This is a fantastic opportunity for all Barrister and Judicial Members of the Inn to entertain their Clerks in Hall on Thursday 6 February 2014. It is a very popular event and we urge members to purchase tickets early to avoid disappointment. Dress is Black Tie and the cost is £65 per person, to include reception wine, three course dinner, wine and port. Tickets are available now from the Treasury Office and are offered on a first come, first served basis. For further information please contact the Treasury Office on 020 7427 4800 or email [email protected].

Music Night Friday, 14 February 2014 Music Night Performance by Callum Au Big Band with Emma Smith on vocals after Dinner. 6.30 for 7.00 pm. Day suit with gown. Tickets are available from the Treasury Office on 020 7427 4800 or [email protected].

2014 MT Historical Society Supper Talks

MTHS talks are preceded by drinks and buffet supper (£25 or £15 for students). Members of the Inn and their friends are warmly welcome and are invited to join the Society for a £5 annual subscription. If you wish to attend a meeting, please contact us at least a week ahead. Bookings and enquiries about joining the Society should be addressed to Paola Kovacz by email to: [email protected]

Tuesday, 4 March 2014 Professor John Miller The Glorious Revolution and the Rule of Law John Miller is the Emeritus Professor of History at Queen Mary, University of London. His many publications include acclaimed biographies of King Charles II and King James II. King James did not set out to destroy the constitution and believed that his interpretation of the law and his prerogative was the correct one. Did the Bill of Rights impose new restrictions on the monarchy or did it seek merely to clarify grey areas?

Wednesday, 9 April 2014 Master Eric Stockdale Roger North: A Seventeenth Century Treasurer, Architect and Polymath Master Stockdale has a wide knowledge of the Inn and its former members and contributed to the History of the Middle Temple (2011). He will be talking about Roger North, who was not only a lawyer and former Treasurer of the Inn, but also a philosopher, a Fellow of the Royal Society and the architect who designed the present north gateway to Middle Temple Lane.

Tuesday 24th June 2014 7.15pm for 7.30pm A musical tour of the London Charterhouse, Charterhouse Square, Smithfield, a former Carthusian priory and, later, a Tudor mansion. The cost is £40 each (no food included). Please book by 14 June.

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INN EVENTS

January 2014 April 2014

Tuesday, 21 All Inn Dining Thursday, 3 Bench Call Tuesday, 8 Music Night: South Bank Sinfonia Friday, 24 Reduced Shakespeare Company Sunday, 13 London Marathon Performance Tuesday, 15 TMF Concert: Benjamin Grosvenor and the Saturday, 25 Burns Night Escher Quartet Friday, 18 – Sunday 20 Hamlet Performance

February 2014 May 2014

Saturday, 1 Cambridge University MT Society Friday, 9 – Dinner at Clare College Sunday, 11 Four Jurisdictions Law Conference (Belfast) Thursday, 6 Clerks’ Dinner Monday, 12 Middle Temple Oxford Society Dinner Tuesday, 11 Honorary Bench Call Thursday, 15 Private Guest Night for Younger Guests Friday, 14 Music Night: Callum Au Big Band, with Monday, 19 London Legal Walk Emma Smith on vocals Tuesday, 20 Temple Women’s Forum Saturday, 15 Ordinary Dining Thursday, 22 Annual Dinner

Sunday, 16 Sunday Lunch June 2014 Monday, 17 Guest Lecture Monday, 9 TMF Concert: Sir John Tomlinson and Tuesday, 18 Reader’s Feast Julius Drake Thursday, 27 Private Guest Night Tuesday, 10 Moot Semi-Final Thursday, 19 Private Guest Night Monday, 23 Moot Semi-Final Wednesday, 25 BACFI/Employed Bar Reception March 2014

Saturday, 1 Circuit Judges Dinner July 2014 Thursday, 13 Call Day Tuesday, 1 Middle Temple Garden Party Sunday, 16 Sunday Lunch Tuesday, 8 Music Night: Elias Quartet and Monday, 17 Guest Lecture Simon Crawford Phillips Tuesday, 18 TMF Concert: My Dearest Hedgehog: the Wednesday, 9 TMF Concert: Ian Bostridge, Sophie tempestuous marriage of Richard and Daneman and Julius Drake Pauline Strauss Sunday, 13 Temple Family Picnic Day (at Inner Temple) Monday, 24 Temple Women’s Forum Monday, 14 All Inn Dining Tuesday, 25 Evensong Service and Dinner in honour Wednesday, 16 Private Guest Night of The Lord Mayor, Sheriffs and Tuesday, 22 Bench Call Aldermen of the City Thursday, 24 Call Day

Events in Bold are Qualifying Sessions. Events and dates may change. For the latest information, please check the Inn’s website

www.middletemple.org.uk

To book tickets for events please contact the Treasury Office on 020 7427 4800 or email [email protected] Benchers please contact Bench Administration on 020 7427 4804 or email [email protected] for TMF and Temple Song Concerts, contact 020 7427 5641 or book online at www.templemusic.org