Pupillage Policy Version Register Version Date Description of Key Changes Amended By 1.0 March 2017 First version Alison Pickup 1 Index The Public Law Project ............................................................................................................................ 3 The Justice First Fellowship .................................................................................................................... 4 Recruitment of pupils ............................................................................................................................... 5 Funding/salary arrangements .................................................................................................................. 5 Payment for travelling expenses and compulsory courses ...................................................................... 6 Pattern of pupillage .................................................................................................................................. 6 Roles and duties of the Fellow ................................................................................................................. 6 Roles and duties of the pupil supervisor .................................................................................................. 7 Pupillage checklists used ......................................................................................................................... 8 Method of fair distribution of work ............................................................................................................ 8 Assessment of progress .......................................................................................................................... 8 Complaints and grievance procedure ...................................................................................................... 9 Recruitment at the end of pupillage ......................................................................................................... 9 2 The Public Law Project The Public Law Project (PLP) is an independent national legal charity which aims to improve public decision making and facilitate access to justice. Within this broad remit PLP has adopted three main objectives: 1. Promoting and safeguarding the Rule of Law during a period of significant constitutional change 2. Working to ensure fair and proper systems for the exercise of public powers and duties, whether by state or private actors. 3. Improving practical access to public law remedies, including by seeking to ensure that justice reform is evidence led and by increasing knowledge of public law. PLP’s lawyers provide advice and representation acting for disadvantaged individuals and interest groups via civil proceedings (chiefly judicial review), and also complaints and Ombudsman schemes. Our cases are often brought on public interest grounds. We have often made third party interventions in proceedings brought by others to raise matters of public interest, particularly in relation to questions of access to justice and costs (including costs protection). In addition to casework, we run a vibrant events and conferencing programme. PLP also undertakes and publishes empirical research, and engages constructively with policy issues impacting the public law/access to justice landscape. PLP has a strong track record of strategic litigation on matters of public interest. Some significant examples include: • The establishment of guidelines for the exercise of the jurisdiction to grant a Protective Costs Order (Corner House Research v Secretary of State for Trade and Industry [2005] EWCA Civ 192; [2005] 1 W.L.R. 2600) (As Third Party Intervener) • The circumstances in which a costs order should be made where judicial review proceedings are disposed of by consent pre-permission (R (Bahta) v SSHD [2011] EWCA Civ 895; [2011] C.P. Rep. 43) (As Third Party Intervener) • The availability of judicial review of a decision of the Upper Tribunal (R (Eba and Cart) v Upper Tribunal [2012] 1 AC 710) (as Third Party Intervener) • The correct application of the ‘second appeals test’ in CPR 52 to appeals from the Upper Tribunal in asylum cases (JD Congo v SSHD [2012] 1 W.L.R. 3273) (As Third Party Intervener) • Confirmation that legal aid regulations providing for no payment to be made for work on judicial review proceedings unless permission is granted were ultra vires (R (Ben Hoare Bell and others) v Lord Chancellor [2015] EWHC 523 (Admin)) (As Solicitors). • Supreme Court ruling that the imposition of a ‘residence test’ for civil legal aid would be ultra vires (R (PLP) v Lord Chancellor [2016] UKSC 39) (As Claimant). PLP received the Legal Aid Lawyer of the Year 2015 ‘Outstanding Achievement’ Award. We are also Halsbury Award Winners having received the Special ‘Rule of Law’ Award in 2013, and PLP is a Guardian Charity Awards 2012 Winner. We are accredited by Lexcel and are a London Legal Support Trust Centre of Excellence. PLP’s casework team is led by its Legal Director and Deputy Legal Director. The Legal Director, Alison Pickup, is an employed barrister and PLP’s Pupillage Training Principal. Alison was the LAPG Legal Aid Barrister of the Year and Chambers and Partners Public Law and Human Rights Junior of the Year in 2015. She conducts advocacy in her own cases at PLP and, where appropriate, for other members of the casework team, as well as conducting litigation and overseeing the casework team’s work. She also has 3 responsibility for two of PLP’s casework projects, the Legal Aid Support Project and the Sanctioning Project. The Deputy Legal Director, Sara Lomri, is a solicitor and the SRA Training Principal. There are five other qualified solicitors in the casework team, and a trainee solicitor supervised by the Deputy Legal Director. PLP’s Director is also a solicitor although she does not actively conduct casework. The casework team is supported by a part-time casework administration assistant. PLP has a public law legal aid contract with the Legal Aid Agency which allows us to provide publicly funded advice and representation in public law proceedings. We also provide representation to individuals and charities in cases which advance our strategic objectives on a pro bono basis or under a conditional fee arrangement. The casework team also carries out projects which focus on specific systemic issues within our strategic objectives. The Justice First Fellowship PLP is offering 1 pupillage in its casework team as part of a Justice First Fellowship. For more information about the Justice First Fellowship (‘JFF’) please see https://jff.thelegaleducationfoundation.org/about/ The JFF at PLP is structured as follows for pupils: Year 1: The Fellow will be employed by PLP as a paralegal. He/she will gain an introduction to working in a legal advice organisation and will assist members of the casework team with their casework. The Fellow will be supervised by the Legal Director but on a day to day basis will work closely with other members of the casework team, providing exposure to the range of work undertaken by PLP. He/she will gain a valuable insight into the work of solicitors in the conduct of legal proceedings and gain an understanding of the legal aid scheme. As well as assisting on legal cases, the Fellow may be asked to help out with administrative tasks where needed, responding to enquiries, delivering bundles to court and other parties, and to assist the Events and Resources Development Manager with PLP’s training and conferences programme. During the first year, the Fellow will be encouraged to explore opportunities for gaining advocacy experience through pro bono work, and to undertake any relevant training. They will also begin to design and develop their JFF project, seeking to improve access to justice. Year 2: The Fellow will undertake pupillage, working under the day to day supervision of the Legal Director. The pupillage will be structured in accordance with the Pupillage Programme and with the objective of ensuring that the pupil can satisfy all of the Collyear outcomes of pupillage. The Fellow will work closely with the Legal Director on her cases, assisting her with a range of tasks, ranging from legal research, drafting advices, attending conferences with clients, corresponding with other parties, and attending court. He/she will also continue to assist other members of the casework team when required and subject to availability. The Fellow will be encouraged to take opportunities for advocacy experience through pro bono work and to speak at PLP conferences and events. During the second half of the 4 year the pupil will be given more responsibility for conducting his/her own cases including where appropriate conducting advocacy. Recruitment of pupils The pupillage will be advertised on the Pupillage Gateway, the JFF website, PLP’s website and through PLP’s networks. Prospective pupils will be required to complete an online application form through the JFF website. PLP will then shortlist candidates for interview on the basis of information provided in the online application form. It is envisaged that there will be a two-stage interview process for shortlisted candidates comprising: (1) submission of a sample of written work and participation in an assessed oral advocacy exercise (2) an interview with PLP’s Director, Legal Director and one other member of the casework team Candidates whose written work and/or oral advocacy exercise do not meet the required standard will not be invited for interview. Priority