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NOTTINGHAM LAW JOURNAL VOL. 26 2017 General Editor Dr Janice Denoncourt, BA (McGill), LLB (W.Aust.), LLM (Murdoch), LLM (Bournemouth), PhD (Nottingham), SFHEA Deputy Editor Dr Helen Hall, BA (Cantab), MA (Cantab), BA (Dunelm), MA (Dunelm), PhD (Cardiff) Associate Editor Dr David Barrett, LLB (Leic), LLM (Edin), PhD (Bris) Advisory Board The Rt Hon the Lord Saville of Newdigate The Rt Hon Sir Philip Otton Judge Bostjan Zupancic, the European Court of Human Rights Prof Conor Gearty, London School of Economics Prof Mark Findlay, University of Sydney Prof Michael J. Gunn, University of Staffordshire Mr Jonathan Griffiths, Queen Mary, University of London Prof Geraint Howells, Lancaster University Prof Martin Hunter, Essex Court Chambers & Nottingham Prof Robert G. Lee, Exeter Law School Law School Mr Christopher Muttukumaru, Director of Legal Mr Roger Leng, University of Warwick Services, Department of Transport Prof Gary Watt, University of Warwick Prof John Peysner, University of Lincoln Prof Barry Rider, University of Cambridge Prof Mary Seneviratne, Nottingham Law School Mr Paul Smith, Partner, Eversheds Mr Marc S. Stauch, Leibnitz University, Hannover Mr John Snape, Warwick University Prof Adrian Walters, Nottingham Law School Dr Kim Stevenson, University of Plymouth Prof George A. Sarpong, former Director Ghana Dr Christian Twigg- Flesner, University of Hull School of Law Prof Stephen Weatherill, University of Oxford Mr Chuka Agbu, Lexavier Partners, Nigeria Editorial Board Marketing: Alfonso Valero, LLB (Complutense of Madrid), LLM (QMUL), PGC Sports Law (King’s College), PGCHE (Nottingham Trent University) Administrative Assistant Miss Kerri Gilbert The Nottingham Law Journal is a refereed journal, normally published in Spring each year. Contributions of articles, case notes and book reviews to the Journal are welcomed. Intending contributors are invited to contact the Editor for a copy of the style sheet, which gives details of the format which submissions must follow. Submissions and enquiries should be addressed to: Dr Janice Denoncourt, Nottingham Trent University, 50 Shakespeare Street, Nottingham, NG1 4FQ. Telephone 0115 848 2130. Dr Denoncourt can also be contacted on the following e- mail addresses: [email protected]. Style notes and further details about the Journal are available on request. Intending subscribers should please contact Miss Kerri Gilbert at the above address. Intending subscribers in North America are advised to contact Wm W Gaunt & Sons. Inc, Gaunt Building, 3011 Gulf Drive, Holmes Beach, Florida 3417 2199. The citation for this issue is (2017) 26 Nott L J. ISSN No. 0965–0660 Except as otherwise stated, © 2017 Nottingham Trent University and contributors. All rights reserved. No part of this Journal may be reproduced or transmitted by any means or in any form or stored in a retrieval system of whatever kind without the prior written permission of the Editor. This does not include permitted fair dealing under the Copyright, Designs and Patents Act 1988 or within the terms of a licence issued by the Copyright Licensing Agency for reprographic reproduction and/or photocopying. The authors of material in this issue have asserted their rights to be identified as such in accordance with the said Act. NOTTINGHAM LAW JOURNAL VOL. 26 2017 CONTENTS v EDITORIAL Janice Denoncourt ARTICLES 1 Assessing Advocacy: Listening to the Student Experience Nicola Harris 11 Multi- disciplinary practice health justice partnerships – working ethically to ensure reach to those most in need Elizabeth Curran 37 Europe – in Search of a Soul? The history and nature of Article 17 TFEU Adina Portaru 56 Judicial independence in Hong Kong: a gift left behind from the colonial times? Eric Hong CASE NOTES AND COMMENTARY 87 The Government’s Intention to Derogate the ECHR for Future Military Deployments Overseas Elizabeth Chadwick and Katja Samuel 103 User- generated Content on the Internet and Intermediary Liability for the Dissemination of Unlawful Comments in the European Court of Human Rights Jodi Hall 110 The UK’s Anti- Radicalisation Prevent Duty David Barrett 115 A Curious Case of HK Judicial Review of Appeal Procedures, One Too Many? Griffith Cheng 120 Illegal Agreements and Public Policy Mark Pawlowski BOOK REVIEWS 127 Iljadica, M. Copyright Beyond Law: Regulating Creativity in the Graffitti Subculture Janice Denoncourt NLS and Trent Institute OF learning & Teaching Student Essay 130 The Quistclose Trust – A Welcome Facilitator of Corporate Rescue? Rebecca Clarke iii NOTTINGHAM LAW JOURNAL VOL. 26 2017 EDITORIAL I am pleased to introduce Volume 26 of the Nottingham Law Journal. The journal, founded forty years ago in 1977 as the Trent Law Journal, shares critical legal thinking to help meet the challenges of understanding the contemporary legal environment. We are extremely proud of our forty- year history, its scale and reach. This edition features thought- provoking contributions across a range of legal disciplines. Our first article by Nicola Harris arises from the second International Advocacy Teaching Conference held at Nottingham Law School on 24–25 June 2016, convened by my colleague Jeremy Robson, Principal Lecturer in Advocacy and Director of the School’s Centre of Advocacy. Advocates, members of the judiciary and academics from around the world came to our fair city to share experiences of teaching and development of advocacy skills in legal education (undergraduate, postgraduate or professional). Turning to ethics and health, Dr. Elizabeth Curran explores justice in the multi- disciplinary practices in health sphere. Next Adina Portaru, a practitioner, seeks a better understanding of the history and nature of Article 17 TFEU, particularly topical in light of Great Britain’s impending exit from the European Union. Finally, we travel to Hong Kong where Eric Hong considers the concept of judicial independence, whereby the judiciary should not be subject to improper influence from other branches of govern- ment or from private interests and its contemporary relevance in that jurisdiction. Congratulations to Nottingham Law School LLB student Rebecca Clarke who won the Student Essay Prize. We are delighted to publish student work of such a high standard. My sincere gratitude to all the contributors, reviewers, subscribers and readers of the Nottingham Law Journal. I am grateful for the support of Dr Helen O’Nions, the previous Editor, who was at the helm of many outstanding editions. Particular thanks to my small but able team of Deputy Editors, Dr Helen Hall and Dr David Barrett. Finally, thanks to our fabulous administrative assistants, Carole Vaughan and Kerri Gilbert. DR JANICE DENONCOURT v NOTTINGHAM LAW JOURNAL VOL. 26 2017 ARTICLES The address for submission of articles is given at the beginning of this issue. ASSESSING ADVOCACY: LISTENING TO THE STUDENT EXPERIENCE NICOLA HARRIS* ABSTRACT This article examines the assessment principles and strategies used in teaching the skill of advocacy at the vocational stage of legal education. In England and Wales, advocacy is taught as part of the Bar Professional Training Course (BPTC) or the Legal Practice Course (LPC). To date, the assessment of advocacy has performed a number of func- tions; it has acted as a gatekeeper to the professions, a mark of accreditation and a signifier of competence. A critical analysis of a student survey regarding their experience is presented. INTRODUCTION It is an educational truism, oft quoted but nonetheless true, that assessment is at the core of the student experience. It can be either formative or summative in nature. It can occur at a single point in time or throughout a module. It shapes, drives and is an essential part of learning. Inevitably, it provides a major focus and motivation for students, creating their priorities and affecting what they see as being valuable within the learning experience. “Assessment defines what students regard as important, how they spend their time and how they come to see themselves as students and then as graduates. If you want to change student learning then change the methods of assessment”.1 In advocacy teaching as much as in other educational spheres assessment must be key to the design of teaching and learning, but it also performs additional functions in that it plays a significant role in the shaping of the future advocate and the accreditation of practitioners. *Lecturer, Module Leader for Trial Advocacy on Bar Professional Training Course; Assessment and Feedback Lead for the School of Law and Politics, Cardiff University. MA (Law) Cantab., MA (Criminology) Toronto, Barrister (non- practising), FHEA. 1 George Brown with Joanna Bull & Malcolm Pendlebury, Assessing student learning in higher education (Routledge 1997) 7. 1 2 Nottingham Law Journal In England and Wales, the assessment of advocacy skills has usually been conducted during the vocational stage of the traditional tripartite structure of legal education as part of the Bar Professional Training Course (BPTC) or the Legal Practice Course (LPC). As a skill taught within the vocational stage of legal education the assessment of advocacy has performed a number of functions; it has acted as a gatekeeper to the professions, a mark of accreditation and a signifier of competence. However, the division of legal education into academic and vocational stages has historically led to a separation of “skills” from “knowledge” and a limited role for advocacy within the undergraduate curriculum. Whilst Mooting has been a staple of