News from the South Eastern Circuit THE CIRCUITEER INSIDE THIS ISSUE 06 12 16 22 23 Keble Advanced Some British The Anglo-Israel Importation of Military Advocacy Course lawyers abroad… Scholarship Child Sex Dolls – a justice – an need for guidance unfair system? A PRIVILEGE TO Youth BE RECORDER Justice by Valerie Charbit Legal It is nearly the end of my term as Recorder of the Centre South Eastern Circuit by Kate Aubrey-Johnson and I have enjoyed the privilege of assisting two inspirational leaders, each ARE YOU A YOUTH so supportive of the bar and the profession. JUSTICE SPECIALIST? See page 10 See page 18 When my friends and family ARE YOU asked me to ACROSS describe what EATING my experience at the Keble College THE POND course was like, SAFELY? lawyer boot camp was a phrase TO KEBLE by Richard Heller that came to mind. Sentencing corporates by Cameron Carstens and individuals for food safety breaches See page 14 See page 8 THE CIRCUITEER Issue 44 / December 2017 1 News from the South Eastern Circuit EDITOR’S COLUMN Looking out over the sun- Our charismatic Recorder, litigation involving vulnerable drenched Algarve coast makes Valerie Charbit, says her witnesses become known. I one wonder, just a little, why goodbyes and leaves a fantastic have no doubt that successive we are so wedded to the world legacy: the importance of governments will see this as of work. The answer, of course, considering Wellness at the a soft target for law-making is that it makes the refreshing Bar has now become widely to sate their desire to appear ‘long weekend’ achievable. But accepted in a profession that to be ‘tough on crime’ and to enough of ‘getting away from has previously considered wave the banners of ‘victims’ in Karim Khalil QC it all’: what about that from matters pertaining to physical ever more lofted a manner. and particularly mental health which I have escaped? I was delighted to be invited forefront of these negotiations as awkward issues to be to an evening in Fitzwilliam so the best of luck to those The recent Circuit AGM was mentioned ‘after the event’ or College, Cambridge, to hear who find themselves called both informative and uplifting. preferably not at all. As our Leader explained the Foundation Lecture given upon to ‘help’. The rollout of the Vulnerable by Catherine Bernard about how the negotiations over My spam email box is now full Witness Training Programme the legal implications of publicly funded pay have been of adverts for US style “Black has been a monumental task. Brexit. It made for stimulating ‘progressing’ and how Circuit Friday” shopping opportunities Aaron Dolan has been the conversation and, I confess, representatives have engaged – I had to remind myself that the Judiciary at many levels primary organiser with help a few too many glasses the definition of a sale is that with the important task of from others including, in of ‘Wellness Wine’ to help it offers goods that you don’t making the justice system particular, Harriet Devey. Those to overcome the sense of need at prices that you can’t work (crime, family and civil), of us who trained as Lead impending catastrophe. resist – but surely there is it became clear that we are, Facilitators didn’t know what Any strong supporters of something that I do need, as always in good hands and a huge commitment would be the Leave Campaign should please Santa? Happy Christmas indebted to the few who work required as the programme have been there to provide to one and all! so tirelessly for the many. changed its format and we coherent answers to the all trained for a second time labyrinthine complexity of the Renewed thanks to all involved This edition of The Circuiteer before being unleashed on legal implications that have in preparing The Circuiteer, sheds a little light upon the the Bar as a whole to ‘cascade’ already arisen and those that remarkable breadth of talent (I truly hate that word now) are anticipated. The conduct with particular gratitude to that is available to those who our knowledge to the next of every aspect of UK trade, Aaron and Sam for ‘cajoling’ litigate in the UK, with articles level of Trainers for further professions and services is so and ‘typesetting’ respectively. covering the breadth of training ‘cascading’ to the whole of the enmeshed within the fabric of that is pursued, encompassing Bar. Nonetheless, it’s done – the EU that it will surely take both national and international there is no excuse for anyone decades of continued political Karim Khalil QC placements – I don’t believe not to undertake the training incompetence to unravel the Drystone Chambers that the article on ‘Tax Evasion’ before the wider regulatory spools – members of our Editor The Circuiteer is connected to these! and political implications of profession should be at the If you wish to contribute any material to the next issue of The Circuiteer, please contact: [email protected] RIDE LONDON FOR CHARITY Team Drystone was featured in Cycling Plus magazine as it left the start of the Prudential London100 last July. A big thanks to the many who sponsored us to raise over £15K for Opportunity International. 2 LEADER’S REPORT by Kerim Fuad QC, LEADER OF THE SOUTH EASTERN CIRCUIT s we all return to our routines after me try to improve our lot and get our (hopefully, for most) a relaxing messages across. break over the Summer, the “back A I attend between 6 and 15 meetings to school” feeling invites reflection on the each week regularly including Saturdays, past year and thoughts of what lies ahead. and deal with sometimes hundreds of However I start with the tragic loss of two emails a day, so this role is not for the exceptional Judges. faint-hearted! I feel that I am making Kerim Fuad QC a difference and I still have plenty of In memoriam energy to fight for us all but surely it We were all saddened to hear of the should be much simpler to achieve recent passing of two much-loved and constructive change – fewer meetings admired members of the judiciary. and more listening to what the Bar The unexpected General Election in June suggests maybe? Lord Roger Toulson obviously threw a massive spanner in Sitting Hours Protocol its timing. The Party Conferences have and caused more delay. This is particularly I am proud to say that the SEC played frustrating when we worked so hard to HHJ John Plumstead a lead role in helping the Bar Council provide a comprehensive and measured create a Sitting Hours Protocol (www. The memorial service for Lord Roger response to the Consultation way back th barcouncil.org.uk/media/571291/sitting_ Toulson took place on Monday 16 in March. I can only assure you that I feel hours_protocol_-_final.pdf). For it to be October at 5pm at Inner Temple Church. that progress is being made, and I expect meaningful, the Senior Judiciary must an announcement in late October 2017. The funeral for HHJ John Plumstead was ensure it is enforced nationwide, as there th held on Friday 20 October for family. are still horror stories of some Judges I have consistently stressed the listing cases at, and sitting, unacceptable importance of index-linking and a My first 10 months as hours. I would encourage them to periodic review every 12 months so that Leader of this wonderful endorse the Protocol. practitioners are comforted (to some extent) by the knowledge that the fees Unfortunately, following several Circuit have been eventful, will not remain unchanged (lurking as an complaints, I had to report a Judge who to say the least. I knew that annual “cut and paste” job in the back of had regularly been sitting at 8.30am and the Archbold supplement for the next 10 it would be challenging, 9am in a far-flung court. Such behaviour years, which would be unthinkable.) but I did not fully anticipate is worrying and shows no understanding at all of the Bar or those with childcare or The fact that we are talking of “cost quite how many obstacles family responsibilities. neutrality” is a warped notion, for the many cuts and lack of any increase in would be thrown (often There is a chasm of difference between fees for more than a decade have hit the sitting at an odd hour, to assist all inadvertently) in the way Bar so hard we wonder whether it can parties in exceptional circumstances, be sustainable. If the new fee structure of my attempts to restore and regularly sitting anti-social hours proves not to be adopted, everyone (no doubt in a bid to get court statistics pride in our profession and knows where we will be heading (and no, up), with the effect of making the lives improve the well-being of not the Circuit Bench). of advocates and their young families those at the Bar working miserable and costly. Recorder Competition long hours in increasingly AGFS It started as a shambles. Applicants getting the test too early, or not at all. difficult and often poorly I am sorry to report that we still do paid circumstances. not have in concrete the resolution of People logging on to a test and the long-going AGFS discussions. Our submitting the results for the system to Andrew Langdon QC, Chair of the Bar, patience shows our resilience and we crash. On that day, I received 414 emails and the other Circuit Leaders have must not give up in waiting for the new from members of the Bar complaining.