CIRCUITEER – SPRING 2006 12/4/06 2:25 PM Page 1 Issue 22 The Circuiteer News from the South Eastern Circuit Spring 2006 The Young Bar What’s Wrong The Pupil’s Tale Prosecuting with the Lawyers? Rwandan Genocide Page 4 Page 7 Page 9 CIRCUITEER – SPRING 2006 12/4/06 2:25 PM Page 2 A Note from the Editor Some have done well. In this issue, Sarah Clark case in which they appeared. Tim Akkouh makes a tells us what it was like to do the BVC without welcome return, detailing the state of the law on having a pupillage. It turned out to be less of a the question of fixed and floating charges. All disaster than is usually thought. Michal Bisgrove in branches of the law have to deal with expert contrast reflects on what it was like doing the evidence and everyone shares the frustration at course when he knew that he had a future (or at what to do when the expert gets it wrong. Penny least the first rung on the ladder). Ruby Hamid, the Cooper sets out the state of the law (until the secretary of their chambers’ pupillage committee, Court of Appeal gets hold of it) following Professor explains the problems posed by choice. Samuel Meadow’s successful appeal to the Administrative Townend and Eleanor Mawrey provide a happy Court. ending to the struggle. It is difficult for some barristers to stay put. By anyone’s definition, it is a tumultuous time Iain Morley, who previously formed part of the in which to start out. Part 1 of Lord Carter’s report defence team in the trial of the late Slobodan has been published. The Bar holds its fire until it Milosevic—the world’s best represented litigant in sees the rest of it. The Bar Council has circulated person—has now taken the prosecutor’s brief in a consultation document on the future of the BVC the horrific Rwandan war crimes trials in Arusha. but it is only intended as the basis of a stop-gap. A Conflicts can resolve, eventually, and Tetteh Bill will be introduced in Parliament to bring about Turkson returns to a more peaceful Belfast to enjoy This issue of THE CIRCUITEER is dedicated to the multi-disciplinary partnerships. At the end of last its high lights. For those who travel to court, Rowan young Bar, though ‘the more junior Bar’ might be year, I heard someone in my Inn complain about the Morton holds out the prospect of a rewarding time more accurate. Every year, large numbers of burdens of marketing: ‘We mustn’t be vulgar’, he in Guildford, our latest Circuit town. people give up perfectly good careers to have a go concluded. Today’s students, who will be living in a It is the time of year when we look forward to at the law. The photographs on the cover, which I world of multi-disciplinary partnerships within an some of the great Circuit events—the annual took at the last Middle Temple Call ceremony, show alarmingly short time, may indeed have to be dinner on June 30, the Circuit trip (this year to the new intake to be eager and diverse. ‘vulgar’. The young Bar at least has a strong voice in Barcelona) and the Keble College advocacy course. The world they face is uncertain. No doubt it the Young Barristers’ Committee, whose function We also look back on the first Ann Ebsworth always was, and comparisons are difficult. When I is explained by its chairman (and the Circuit’s Memorial Lecture. Justice Michael Kirby of the was Called in 1974, a story made the rounds that an Junior), Tom Little. Australian High Court had to raise a glass to his eminent judge had just attended a law dinner at Perhaps the greatest source of uncertainty is father’s 90th birthday from a distance of several Cambridge. Turning to a fellow guest who was a the Government itself, with its endless appetite for thousand miles in order to be with us in Inner practitioner, he asked, ‘how are things at the Bar new legislation. Do they understand the Acts they Temple to deliver the talk, which Tanya Robinson today, good or bad?’ ‘Good’, the barrister replied pass? The distinguished legal correspondent and summarises. politely. The judge then made a speech on the author Joshua Rozenberg has very kindly It is worth noting that even in a time of change, theme of ‘come to the Bar, things have never been contributed to this issue and tells us what it feels England still resembles itself. In February, the first better’. Since we all knew that we had arrived at like when a Q. C. and M. P. doesn’t quite get her High Court judge to enter into a civil partnership the Bar a few years too late, this was thought to be head around the relevant Act. announced this in THE TIMES. It shared the page the height of irresponsibility. Thirty-two years For practitioners, it is business as usual in with the usual announcements of births, deaths, after the judge’s speech, students criticise the BVC coping with the law as it is. For criminal barristers, engagements and marriages. Quite properly, no providers for supplying over 1700 places when Professor David Ormerod de-mystifies the current one outside the couple’s family and friends took perhaps only an eighth will find pupillages. Or a state of ‘bad character’. For family barristers, any notice. sixth. Or is it a quarter? There are no reliable Jonathan Cohen, Q.C. and Charles Hale provide statistics. advice for those dealing with the most difficult David Wurtzel The students continue to come, regardless. children matters in the light of a House of Lords [email protected] Table of Contents A Note from the Editor page 2 Prosecuting the Rwandan Genocide Mistaken Experts and Immunity pages 9-10 from Suit page 19 Leader’s Column page 3 What’s Wrong with the Lawyers? Appellate Advocacy—New Challenges Beautiful Guildford page 20 pages 4-5 pages 11-13 Don’t Miss Belfast page 21 A Voice for the Young page 5 Giving a Good Name to Bad Character South Eastern Circuit Dinner page 22 The Student’s Tale page 6 pages 14-15 From Around the Circuit pages 23-25 The Pupil’s Tale page 7 Treatment, Therapy and the Children Act The Pupillage Committee’s Tale page 8 pages 16-17 Circuit Trip to Barcelona page 26 The Tenant’s Tale: I and II page 8 The Last Word? page 18 Running Away from Home page 27 2 The Circuiteer CIRCUITEER – SPRING 2006 12/4/06 2:25 PM Page 3 Leader’s Column Intro? advocacy fees, and if there is to be bidding there simply dictate that the customer should always must be a reasonable fee below which the take its services. advocate’s fee cannot fall). There are also concerns being expressed about the desire to Our argument reduce the number of solicitors’ firms who Where advocacy in a criminal justice system is undertake legal aid work, by concentrating the concerned there are two very strong arguments work into fewer, larger units. This has obvious which we are making. First, the Bar, despite the implications for small firms particularly outside under funding of recent years, still provides, and London who fulfil an important social need. will always strive to provide, the highest quality It also has serious implications for diversity: advocacy services of any Bar in the world. It does black and ethnic minority lawyers are under- so because of the experience gained day in and represented in large firms of solicitors, and there day out by advocates who both prosecute and are still diversity problems at the Bar. Lord Carter defend, in robust, professional competition with has to address this aspect of the impact of his each other. An in-house system can, by definition, Lord Carter’s Review proposals so as to ensure that what he finally never achieve this. An in-house advocate cannot As this edition goes to press the Bar awaits the recommends operates fairly. There must be a spend as much time on his/her advocacy and outcome of Lord Carter’s second report, which is sensible working review mechanism of the new cannot act for the defence. Neither does he or due at the end of May. He has to include civil and scheme, but no such mechanism is recommended she have the advantage of the outside scrutiny family legal aid in his plans so that the costs of his in the first report. The law is dynamic: changes in which an independent Bar provides. CPS would do proposals can be seen across the board. The the law and in practice – particularly in the well to look at what happened in the City after the Bar’s team involved in the Carter review now criminal law under this Government – require a Courts and Legal Services Act 1990. Most of the numbers between 30 and 40 people, who meet as review body on the procurement side to ensure City solicitor firms invested large sums on a whole every week, although members that the legal aid scheme can adapt to meet such advocacy training. One firm only (Herbert Smith) concentrate their efforts in particular areas. changes, and that problems within it can be has recruited two senior members of the Bar to Members of the South Eastern Circuit have been corrected swiftly without waiting for the system to head an in-house advocacy unit but that firm still prominent in this work, and have dedicated break down and another review.